OSHA Inspection: CAUSEWAY CONTRACTING, LLC

Issued

Apr 4, 2018

Abate by

May 9, 2018

Penalty

Initial $5,174 · Current $2,588 Reduced

General-duty citation text

29 CFR 1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:    a)  In Stairwell:     The employer did not establish and implement a written respiratory protection program in accordance with 29 CFR 1910.134.  An employee was required to wear a 3M N95 respirator when using an electric jackhammer to breakup concrete in the stairwell; on or about 01/03/18.      In addition to abatement certification, the employer is required to submit abatement documentation for this item.  Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19   Abatement Note:  Major Provisions of the OSHA Respiratory Protection Standard - 29 CFR 1910.134 are indicated below.  Consult 29 CFR 1910.134 and www.osha.gov for additional requirements.  1. Develop and Implement a Written Respirator Program  2. Designate a qualified program administrator to oversee the program.    3. Provide respirators, training, and medical evaluations at no cost to employees.   4. Select and use respirators in compliance with the conditions of its NIOSH certification.   Note:  The employee in instance (a) above was exposed to a level of respirable crystalline silica at a concentration which exceeded the capacity of the N95 dust mask that he was required to use.    5. Identify and evaluate the respiratory hazards in the workplace, including a reasonable estimate of employee exposures and identification of the contaminants chemical state and physical form.  6. Provide a medical evaluation to determine the ability of employees to use a respirator prior to use and fit testing.  7. Provide and ensure that each employee using a respirator passes an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) prior to use.  8. Ensure that facial hair or any condition that interferes with the face-to-facepiece seal or valve function does not exist.  9. Clean and disinfect or discard respirators in accordance with the standard or manufacturer's procedures.  10. Provide training on proper use, limitations and maintenance of respiratory protection.  11. Maintain records of fit testing and medical evaluations required by the standard.

Issued

Apr 4, 2018

Abate by

Apr 30, 2018

Penalty

Initial $5,174 · Current $2,587 Reduced

General-duty citation text

29 CFR 1926.1153(c)(1): The employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task(s) on Table 1, when the employer had not assessed the exposure of employees to crystalline who were engaged in tasks identified on Table 1:    a)  In stairwell:      The employer did not fully and properly implement engineering controls, work practices and respiratory protection for an employee who was required to use a electric jackhammer to break up concrete in a stairwell; on or about 01/09/18.     IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.

Issued

Apr 4, 2018

Abate by

Apr 16, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(d)(1): The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 mg/m3, calculated as an 8-hour TWA:  a) In Stairwell:  An employee who used an electric jack hammer to break up concrete was exposed to 150 micrograms of respirable crystalline silica per cubic meter of air (ug/m3), which was 3 times the OSHA 8-Hour Time Weighted Average Permissible Exposure Limit of 50 ug/m3.  The sampling time was for 165 minutes and zero exposure was assumed for the unsampled period of time of 315 minutes.  The employer did not ensure that employees were not exposed to airborne concentration of respirable crystalline silica in excess of 50 ug/m3 calculated as an 8-hour TWA; on or about 01/03/18.  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.

Issued

Apr 4, 2018

Abate by

Jun 1, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:    a)  In Stairwell:      The employer did not assess the exposure to respirable crystalline silica of an employee who was required to use an electric jackhammer when breaking up concrete; on or about 01/09/18.        IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.

Issued

Apr 4, 2018

Abate by

May 9, 2018

Penalty

Initial $5,174 · Current $2,587 Reduced

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:    a) 192 East 151 St. Bronx, NY 10451:    The employer did not establish and implement a written exposure control plan for employees who may be exposed to respirable crystalline silica when using an electric jackhammer to break up concrete; on or about 01/09/18.        IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.

Issued

Apr 4, 2018

Abate by

Apr 24, 2018

Penalty

Initial $5,174 · Current $2,587 Reduced

General-duty citation text

29 CFR 1926.1153(i)(2)(i)(A): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica:    a)  Inside stairwell:      The employer did not ensure that each employee could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica.  An employee was required to use an electric jackhammer to break up concrete, which exposed him to the hazard of inhaling silica dust; on or about 01/09/18.      IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.

Issued

Apr 4, 2018

Abate by

Apr 24, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(i)(2)(i)(B): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of specific tasks in the workplace that could result in exposure to respirable crystalline silica:   a)  At worksite:  The employer did not ensure that each employee could demonstrate knowledge and understanding of specific tasks in the workplace that could result in exposure to respirable crystalline silica.  An employee was required to break up concrete in a stairwell using an electric jackhammer, which exposed him to the hazard of inhaling silica; on or about 1/9/18.     IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.

Issued

Apr 4, 2018

Abate by

Apr 24, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(i)(2)(i)(D): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the contents of this section:  a)  At worksite:   The employer did not ensure that each employee could demonstrate knowledge and understanding of the contents of this section 29 CFR 1926.1153  (OSHA Respirable Crystalline Silica Standard).  An employee was required to use an electric jackhammer when breaking up concrete, which exposed him to the hazard of inhaling silica; on or about 1/9/18.  IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.

Issued

Apr 4, 2018

Abate by

May 9, 2018

Penalty

Initial $5,174 · Current $2,587 Reduced

General-duty citation text

29 CFR 1926.1153(h)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year:    a)  At worksite:    The employer did not make medical surveillance available to an employee who was required to wear a 3M N95 respirator daily for 6 months when using an electric jackhammer when breaking up concrete;  on or about 01/9/18.      IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM.  FAILURE TO COMPLY WILL RESULT IN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.