OSHA Inspection: CAPE ROMAIN CONTRACTORS, INC.

Issued

May 19, 2017

Abate by

Aug 22, 2017

Penalty

Initial $0 · Current $5,000

Hazardous substances 9010

General-duty citation text

29 CFR 1926.55(a): Employee(s) were exposed to material(s) at concentrations above those specified in the Threshold Limit Values of Airborne Contaminants for 1970 of the American Conference of Governmental Industrial Hygienists:    (a) On or about 3/22/17, at the above address, an employee who operated a pneumatic angle grinder and chipping hammer to remove delaminated concrete from piles located underneath the pier at the Wando Welch Terminal, was overexposed to respirable silica dust at a concentration of 2.41 mg/m3 (equivalent to 24.17 mppcf), expressed as an 8-hour time-weighted average of approximately 5.98 times the daily Permissible Exposure Limit (PEL) of 0.40 mg/m3 (equivalent to 9 mppcf) based on a 460 minute sampling period. Exposure calculations included a zero-increment for the 20 minutes not sampled.    (b) On or about 3/22/17, at the above address, an employee who operated a pneumatic angle grinder and chipping hammer to remove delaminated concrete from piles located underneath the pier at the Wando Welch Terminal, was overexposed to respirable silica dust at a concentration of 2.85 mg/m3 (equivalent to 28.58 mppcf), expressed as an 8-hour time-weighted average of approximately 4.84 times the daily Permissible Exposure Limit (PEL) of 0.59 mg/m3 (equivalent to 12.53 mppcf) based on a 458 minute sampling period. Exposure calculations included a zero-increment for the 22 minutes not sampled.    ABATEMENT CERTIFICATION IS REQUIRED

Issued

May 19, 2017

Abate by

Aug 22, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.55(b): Feasible administrative or engineering controls were not implemented to reduce employee exposure(s):  (a) On or about March 22, 2017, two employees operating pneumatic tools to remove delaminated concrete from piles below the pier at the Wando Welch Terminal were overexposed to respirable crystalline silica. General methods of control applicable in these circumstances include, but are not limited to the following:  1. Use chipping hammer with water delivery system that supplies a continuous stream  or spray of water at the point of impact or use such a tool equipped with a commercially available shroud and dust collection system that provides sufficient air flow to capture airborne dust at the source and a filter with 99% or greater efficiency.  2. Use a grinder equipped with an integrated water delivery system that continuously feeds water to the grinding surface or use such a grinder equipped with a commercially available shroud and dust collection system that provides sufficient air flow to capture airborne dust at the source and a filter with 99% or greater efficiency.  Disclaimers:  1. The employer is not limited to the abatement methods suggested by OSHA; 2. The methods explained are general and may not be effective in all cases; and 3. The employer is responsible for selecting and carrying out an effective abatement plan          Abatement Schedule  STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering controls can be implemented or whenever such controls fail to reduce employee exposures to within permissible exposure limits.  STEP 2: A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering measures to control employee exposures to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following actions which must be consistent with abatement dates required by this citation:  1. Evaluation of engineering control options; 2. Selection of optimum control methods and completion of design; 3. Procurement, installation, and operation of selected control measures; and 4. Testing and acceptance of modification/redesign of controls.  NOTE: All proposed control measures shall be approved for each particular use by a competent industrial hygienist or technically qualified person.  STEP 3: Abatement shall have been completed by the implementation of feasible engineering controls upon verification of their effectiveness in achieving compliance.   Date by Which Violation Must be Abated: STEP-1  May 20, 2017 Date by Which Violation Must be Abated: STEP-2  June 19, 2017  Date by Which Violation Must be Abated: STEP-3  August 17, 2017

Issued

May 19, 2017

Abate by

Jun 8, 2017

Penalty

Initial $8,149 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness: (Construction Reference 1926.103)    (a) The employer did not designate a qualified program administrator to oversee the use of respiratory protection at the job site.    ABATEMENT CERTIFICATION IS REQUIRED

Issued

May 19, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace, including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  a) The employer did not conduct personal air monitoring to assess employee exposures to respirable dust containing silica generated during pneumatic chipping and grinding of delaminated concrete from piles.

Issued

May 19, 2017

Abate by

May 25, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(3)(ii): The employer did not provide a respirator that was appropriate for the chemical state and physical form of the contaminant: (Construction Reference 1926.103)  (a) Two employees who were exposed to respirable dust containing silica while chipping and grinding delaminated concrete from piers were using full-face respirators equipped with organic vapor cartridges.   ABATEMENT CERTIFICATION IS REQUIRED

Issued

May 19, 2017

Penalty

Initial $8,149 · Current $5,000 Reduced

General-duty citation text

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) The employer did not provide medical evaluations for two employees who were required to wear full-face cartridge style respirators while chipping and grinding delaminated concrete from piles. (Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.)

Issued

May 19, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

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:  (Construction Reference 1926.103)  (a) Two employees who were required to wear tight-fitting full-face cartridge respirators while chipping and grinding delaminated concrete from concrete piles had not been fit tested prior to initial use of the respirators and annually thereafter.

Issued

May 19, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

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:  (a) Two employees who were required to wear tight-fitting full-face cartridge style respirators while operating pneumatic chipping and grinding tools to remove delaminated concrete from piles had facial hair that came between the sealing surface of the facepiece and the face.

Issued

May 19, 2017

Abate by

Jun 8, 2017

Penalty

Initial $8,149 · Current $5,000 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:  (Construction Reference 1926.103)    (a) Full-face elastomeric cartridge style respirators used by employees while utilizing pneumatic chipping and grinding tools to remove delaminated concrete from piles were not being cleaned and disinfected using procedures in Appendix B-2 or procedures recommended by the respirator manufacturer (i.e., 3M). The respirator facepieces were visibly covered with concrete dust on the interior and exterior.      ABATEMENT CERTIFICATION IS REQUIRED

Issued

May 19, 2017

Abate by

Jun 8, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:  (Construction Reference 1926.103)    (a) Full-face elastomeric cartridge style respirators used by employees while utilizing pneumatic chipping and grinding tools to remove delaminated concrete from piles were not being cleaned and disinfected. The respirator facepieces were visibly covered with concrete dust on the interior and exterior. Provisions were not taken by the employer to ensure employees were provided with the necessary equipment and supplies at the job site to maintain and keep their respirators in a clean and sanitary condition.     ABATEMENT CERTIFICATION IS REQUIRED

Issued

May 19, 2017

Abate by

Jun 8, 2017

Penalty

Initial $8,149 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide employees who were required to wear respiratory protection with effective training in accordance with paragraphs (k)(1)(i) through (k)(1)(vii):    (a) The employer did not provide employees who were required to wear respiratory protection while removing delaminated concrete from piles with effective training in accordance with the paragraphs stipulated above.    ABATEMENT CERTIFICATION IS REQUIRED

Issued

May 19, 2017

Penalty

Initial $8,149 · Current $5,000 Reduced

General-duty citation text

29 CFR 1926.50(g): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:    (a) An eyewash was not provided within the work area for immediate emergency use where employees mixed together a caustic 3-part Five Star Marine Pile Jacket Epoxy Grout.    (b) An eyewash was not provided within the work area for immediate emergency use where employees mixed together a 2-part Sikadur 32 Hi-Mod LPL structural epoxy adhesive.

Issued

May 19, 2017

Abate by

Jun 23, 2017

Penalty

Initial $6,519 · Current $3,248 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1926.52(d)(1): In all cases where the sound levels exceeded the values shown in Table D-2 of 29 CFR 1926.52, a continuing, effective hearing conservation program was not administered:    (a)  On March 22, 2017, two employees were determined to be exposed to noise in excess of an 8-hour time-weighted average (TWA) sound level of 90 decibels while operating pneumatic tools to remove delaminated concrete from piles underneath the pier at the Wando Welch Terminal. The employer had not administered an effective hearing conservation program.    An effective hearing conservation program consists of the following:      * Monitoring of employee noise exposures  * Institution of engineering, work practice, and administrative controls for excessive noise  * Provide overexposed employees with individually fitted hearing protectors with adequate noise reduction ratings  * Employee training and education regarding noise hazards and protection measures  * Baseline and annual audiometry  * Procedures for preventing further occupational hearing loss by an employee whenever such an event has been identified  * Recordkeeping    ABATEMENT CERTIFICATION IS REQUIRED

Issued

May 19, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  (a) Two 5-gallon safety cans of gasoline, one 5-gallon safety can of diesel fuel, and one 2-gallon safety can of gasoline found stored on a dive barge were not provided with identity labels.  (b) A 500-gallon tank of diesel fuel located at Station 1100 on the north end of the wharf was not provided with an identity label.