OSHA Inspection: KENNEDY CONCRETE INC.

Issued

Oct 20, 2017

Penalty

Initial $6,338 · Current $3,169 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:    Representative noise monitoring was not conducted for employees with the following exposure:    a) Concrete Mixer: A maintenance employee was exposed to continuous noise levels in excess of the allowable 8 hour time-weighted average sound level (Action Level) when using a pneumatic hammer when cleaning out a concrete mixer. The employee dosimeter DBA level was 76.81% of the permissible level (90 dBA) and was equivalent to approximately 88.1 dBA. The sampling was performed for 58 minutes during one shift on 9/8/17. Zero exposure was assumed for the unsampled period of time.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:    Audiometric testing was not provided for the employees with the following exposures:    a) Concrete Mixer: A maintenance employee was exposed to continuous noise levels in excess of the allowable 8 hour time-weighted average sound level (Action Level) when using a pneumatic hammer when cleaning out a concrete mixer. The employee dosimeter DBA level was 76.81% of the permissible level (90 dBA) and was equivalent to approximately 88.1 dBA. The sampling was performed for 58 minutes during one shift on 9/8/17. Zero exposure was assumed for the unsampled period of time.      NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k).     Noise training was not provided for the employees with the following exposures:    a) Concrete Mixer: A maintenance employee was exposed to continuous noise levels in excess of the allowable 8 hour time-weighted average sound level (Action Level) when using a pneumatic hammer when cleaning out a concrete mixer. The employee dosimeter DBA level was 76.81% of the permissible level (90 dBA) and was equivalent to approximately 88.1 dBA. The sampling was performed for 58minutes during one shift on 9/8/17. Zero exposure was assumed for the unsampled period of time.         NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $6,338 · Current $3,169 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:     a)  Concrete Mixer - There was no site specific written respiratory protection program for employees who wore tight fitting respirators including, but not limited to 3M negative pressure half mask and full face air purifying respirators, when cleaning concrete build up from inside the concrete mixer. On or about 9/8/17.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $0 · Current $0

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:  a) Concrete Mixer - Employees wore tight fitting respirators including, but not limited to 3M negative pressure half mask and full face air purifying respirators,  when cleaning concrete build up from inside the concrete mixer. Employees were not medically evaluated prior to the wearing of the respirators. On or about 9/8/17.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):     a) Concrete Mixer- Employees who wore tight fitting respirators including, but not limited to 3M negative pressure half mask and full face air purifying respirators, when cleaning concrete build up from inside the concrete mixer. Employees were not fit tested. On or about 9/8/17.   NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): The employer did not provide effective training to employees who are required to use respirators:  a) Concrete Mixer: The employer did not provide training to employees that were required by the employer to wear tight fitting respirators including, but not limited to 3M negative pressure half mask and full face air purifying respirators  when cleaning of concrete build up from inside the concrete mixer, on or about 9/8/17.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $6,338 · Current $3,169 Reduced

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces.    a) Concrete Mixer: The employer did not inform employees that spaces such as but not limited to the concrete mixer barrel were a permit confined space. On Or about 9/8/17.        NOTE: A sign reading DANGER-PERMIT REQUIRED CONFINED SPACE, DO NOT ENTER or using other similar language would satisfy the requirement for a sign.        NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $6,338 · Current $3,169 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section.    a) Concrete Mixer: Procedures were not developed for the control of potentially hazardous energy when employees were required to clean the concrete mixer, on or about 9/8/17.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $6,338 · Current $3,169 Reduced

Hazardous substances 9015

General-duty citation text

29 CFR 1910.1000(c): Employee(s) were exposed to silica, crystalline quartz (respirable) listed in Table Z-3, in excess of 10 mg/m3 / %SiO2 + 2 as an 8 hour Time Weighted Average concentration:      a) Concrete Mixer: A batch mixer operator using a puenmatic hammer to clean off excessive amounts of concrete containing 16% silica was exposed to airborne concentration of silica at an 8 hour time-weighted average of 0.796 mg/m3, which is 1.45 times the calculated permissible exposure limit (PEL) of 0.55 mg/m3. The sampling was conducted for 60 minutes during one work shift on 9/8/17. Zero exposure was assumed for the unsampled time.     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9015

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls are not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d) and protective equipment or any other protective measures are not used to keep the exposure of employee to air contaminants within the limits prescribed:  Engineering controls utilized did not achieve compliance:   a) Concrete Mixer: A batch mixer operator using a pneumatic hammer to clean off excessive amounts of concrete containing 16% silica was exposed to airborne concentration of silica at an 8 hour time-weighted average of 0.796 mg/m3, which is 1.45 times the calculated permissible exposure limit (PEL) of 0.55 mg/m3. The sampling was conducted for 60 minutes during one work shift on 9/8/17. Zero exposure was assumed for the unsampled time.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Oct 20, 2017

Abate by

Nov 16, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(4): The employer's certification of the training required by 29 CFR 1910.146(g)(1) through 29 CFR 1910.146(g)(3) did not contain each employee's name, the signatures or initials of the trainers, and the dates of the training.   a) Concrete Mixer: The employer did not certificate permit confined space training by documenting each employee's name, the signatures or initials of the trainers, and the dates of the training when entering into a mixer to clean such as but not limited to the concrete mixer. On or about 9/8/17.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.