OSHA Inspection: JOSEPH BIRKENHEIER TUCKPOINTING AND MASONRY, INC.

Issued

Dec 2, 2016

Abate by

Dec 29, 2016

Penalty

Initial $3,563 · Current $1,780 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.    29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employees or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program with required worksite-specific procedures: (Construction Reference 1926.103)    a) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not ensure that a written respiratory protection program was established and implemented for those employees required to wear respiratory protection, including 3M full-face, negative-pressure respirators.    The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Dec 2, 2016

Abate by

Dec 29, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: (Construction Reference 1926.103)  (a) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not provide a medical evaluation before the employees were required to use a 3M full-face, negative pressure respirator in the workplace.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Dec 2, 2016

Abate by

Dec 29, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter:   (a) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not ensure tha employees who were required to use 3M full-face, negative-pressure respirators were fit tested.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Dec 2, 2016

Abate by

Dec 29, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function: (Construction Reference 1926.103)  (a) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not ensure that employee(s) required to wear 3M negative-pressure, full-face respirators did not have facial hair that would interfere with the face to facepiece seal.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Dec 2, 2016

Abate by

Dec 29, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):  (a) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not ensure that employees required to wear 3M full-face, negative pressure respirators when performing tuckpointing were trained on the use and care of the respirator.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Dec 2, 2016

Abate by

Dec 29, 2016

Penalty

Initial $3,563 · Current $1,780 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:    1) Requirement for labeling of containers of hazardous chemicals;  2) Safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.    Employees were exposed to hazardous chemicals, including crystalline silica.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Dec 2, 2016

Abate by

Dec 29, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.  29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  (a) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not provide information and training to employees exposed to hazardous chemicals including, but not limited to: crystalline silica.  (b) On September 22, 2016, Joseph Birkenheier Tuckpointing and Masonry, Inc. did not provide training to employees by December 1, 2013 on the revised Safety Data Sheet format and content, as well as the new labeling elements as required by the revised hazard communication standard 29 CFR 1910.1200.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.