OSHA Inspection: JAMES CLAY

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $3,803 · Current $1,902 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter:      a.  On or before September 15, 2017, at the Etna job site, the employer did not ensure that employees using tight-fitting facepiece respirators while grinding and performing other activities were fit tested prior to initial use of the respirator.  On or about September 15, 2017, at the Etna job site, two employees performing grinding activities to remove the mortar in the joints on the exterior surface of the brick building were overexposed to respirable dust containing silica, crystalline quartz, while wearing respirators that were not fit tested.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(g)(1)(i): The employer shall not permit respirators with tight-fitting facepieces to be worn by employees who have:     29 CFR 1910.134(g)(1)(i)(A): Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function:      a. On or before September 15, 2017, at the Etna job site, the employer did not ensure that employees using tight-fitting facepiece respirators while grinding and performing other activities were clean-shaven with no facial hair coming between the sealing surface of the respirator and face.  On or about September 15, 2017, at the Etna job site, one employee performing grinding activities to remove the mortar in the joints on the exterior surface of the brick building was overexposed to respirable dust containing silica, crystalline quartz, while wearing a respirator with facial hair.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.55(a): Exposure of employees to inhalation, ingestion, skin absorption, or contact with any material or substance at a concentration above those specified in the "Threshold Limit Values of Airborne Contaminants for 1970" of the American Conference of Governmental Industrial Hygienists, shall be avoided. See Appendix A to this section.   a. On or about September 15, 2017, at the Etna job site, an employee performing grinding activities to remove the mortar in the joints on the exterior surface of the brick building was exposed to respirable dust containing silica, crystalline quartz, at an 8-hour time weighted average (TWA) of 57 million particles per cubic foot (mppcf) as measured over a sampling period of 254 minutes.  Zero exposure was assumed for the 226 minutes not sampled.  The exposure was approximately 3 times the calculated threshold limit value (TLV) of 19 mppcf.   b. On or about September 15, 2017, at the Etna job site, an employee performing grinding activities to remove the mortar in the joints on the exterior surface of the brick building was exposed to respirable dust containing silica, crystalline quartz, at an 8-hour TWA of 38 mppcf as measured over a sampling period of 170 minutes.  Zero exposure was assumed for the 310 minutes not sampled.  The exposure was approximately 1.7 times the calculated TLV of 22 mppcf.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.55(b): To achieve compliance with paragraph (a) of this section, administrative or engineering controls must first be implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and technical measures used for this purpose must first be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1926.103:    a. On or about September 15, 2017, at the Etna job site, the employer did not implement administrative or engineering controls for grinding and mixing activities.  An employee performing grinding activities to remove the mortar in the joints on the exterior surface of the brick building was exposed to respirable dust containing silica, crystalline quartz, at an 8-hour time weighted average (TWA) of 57 million particles per cubic foot (mppcf) as measured over a sampling period of 254 minutes.  Zero exposure was assumed for the 226 minutes not sampled.  The exposure was approximately 3 times the calculated threshold limit value (TLV) of 19 mppcf.   b. On or about September 15, 2017, at the Etna job site, the employer did not implement administrative or engineering controls for grinding and mixing activities.  An employee performing grinding activities to remove the mortar in the joints on the exterior surface of the brick building was exposed to respirable dust containing silica, crystalline quartz, at an 8-hour TWA of 38 mppcf as measured over a sampling period of 170 minutes.  Zero exposure was assumed for the 310 minutes not sampled.  The exposure was approximately 1.7 times the calculated TLV of 22 mppcf.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $2,716 · Current $1,358 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable:    a. On or before September 15, 2017, at the Etna job site, the employer did not establish and implement a written respiratory protection program with worksite-specific procedures for employees required to use tight-fitting facepiece respirators while grinding and performing other activities.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(e)(1): General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator:   a. On or before September 15, 2017, at the Etna job site, the employer did not provide a medical evaluation for employees required to use tight-fitting facepiece respirators while grinding and performing other activities.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(k)(3): The employer shall provide the training prior to requiring the employee to use a respirator in the workplace:   a. On or before September 15, 2017, at the Etna job site, the employer did not provide training and information on respiratory protection for employees required to use tight-fitting facepiece respirators while grinding and performing other activities.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $1,630 · Current $815 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:    a. On or before September 15, 2017, at the Etna job site, the employer did not develop and implement a written hazard communication program for employees exposed to hazardous chemicals such as, but not limited to, the following: CEMEX Type I Portland Cement, sand/silica, and lime.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.):   a. On or before September 15, 2017, at the Etna job site, the employer did not maintain copies of safety data sheets (SDS) for employees exposed to hazardous chemicals such as, but not limited to, the following: CEMEX Type I Portland Cement, sand/silica, and lime.

Issued

Nov 9, 2017

Abate by

Jan 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets:   a. On or before September 15, 2017, at the Etna job site, the employer did not provide hazard communication training for employees exposed to hazardous chemicals such as, but not limited to, the following: CEMEX Type I Portland Cement, sand/silica, and lime.