OSHA Inspection: TOWER RESTORATION, CORP.

Issued

Jul 5, 2018

Penalty

Initial $3,696 · Current $2,218 Reduced

Hazardous substances 9000

General-duty citation text

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 (Construction Reference: 1926.59)(a):  a) Indoor Parking Garage (Third Level): Employees engaged in removal of concrete material are exposed to hazardous chemicals and substances (dust particles that contain respirable crystalline silica) including but not limited to, Sikagard 670W, SikaQuick 1000, and SikaQuick VOH. The employer did not develop, implement and maintain a written hazard communication program, thus exposing employees to chemical hazards, on or about 3/20/18.

Issued

Jul 5, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

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: (Construction Reference: 1926.59):  a) Indoor Parking Garage (Third Level): Employees engaged in removal of concrete material are exposed to hazardous chemicals and substances (dust particles that contain respirable crystalline silica) including but not limited to Sikagard 670W, SikaQuick 1000, and SikaQuick VOH. The employer did not provide effective information and training on hazardous chemicals and substances at the time of initial assignment, thus exposing employees to chemical hazards, on or about 3/20/18.

Issued

Jul 5, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200), and is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section to ensure that hazards associated with cancer, lung effects, immune system effects, and kidney effects are addressed:  a) Indoor Parking Garage (Third Level): Employees engaged in removal of concrete material are exposed to dust particles that contain respirable crystalline silica. The employer did not provide employee training that covered hazards associated with respirable crystalline silica, on or about 3/20/18.

Issued

Jul 5, 2018

Abate by

Jul 31, 2018

Penalty

Initial $3,696 · Current $2,218 Reduced

Hazardous substances 8111

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) Indoor Parking Garage (Third Level): An employee engaged in concrete removal via jackhammering, using a Bosch handheld jackhammer was exposed to continuous noise levels which exceeded values shown in Table 2, permissible noise exposure. The equivalent dose of 188.3% is approximately 94.6 decibels. The sample was performed for 386 minutes during the morning shift on March 20, 2018. Zero exposure was assumed for the unsampled time period of 94 minutes. The employer did not administer an effective hearing conservation program for an employee whose exposure to noise exceeded values shown in Table D-2, Permissible Noise Exposure, thus exposing employees to irreversible noise induced hearing loss, on or about 3/20/18.  b) Indoor Parking Garage (Third Level): An employee engaged in concrete removal via jackhammering, using a Bosch handheld jackhammer was exposed to continuous noise levels which exceeded values shown in Table 2, permissible noise exposure. The equivalent dose of 161.2% is approximately 93.4 decibels. The sample was performed for 381 minutes during the morning shift on March 20, 2018. Zero exposure was assumed for the unsampled time period of 99 minutes. The employer did not administer an effective hearing conservation program for an employee whose exposure to noise exceeded values shown in Table D-2, Permissible Noise Exposure, thus exposing employees to irreversible noise induced hearing loss, on or about 3/20/18.

Issued

Jul 5, 2018

Abate by

Aug 21, 2018

Penalty

Initial $3,696 · Current $2,218 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:  a) Indoor Parking Garage (Third Level): An employee engaged in concrete removal via jackhammering, using a Bosch handheld jackhammer and grinder, was overexposed to an airborne concentration of respirable crystalline silica at an 8-hour time-weighted average of 97.91 micrograms per cubic meter, approximately 2 times OSHA's Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter. The sample was performed for 164 minutes during the morning shift on March 20, 2018. Zero exposure was assumed for the unsampled time period of 316 minutes. The employee's exposure exceeded the allowable 8-hour Time Weighted Average (TWA) at two times the Permissible Exposure Limit, which is greater than the allowable exposure of 1.00. The employer did not fully and properly implement the engineering controls and work practices to minimize employee exposure to respirable crystalline silica, on or about 3/20/18.

Issued

Jul 5, 2018

Abate by

Aug 21, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 ug/m3, calculated as an 8-hour TWA:  a) Indoor Parking Garage (Third Level): An employee engaged in concrete removal via jackhammering, using a Bosch handheld jackhammer and grinder, was overexposed to an airborne concentration of respirable crystalline silica at an 8-hour time-weighted average of 97.91 micrograms per cubic meter, approximately 2 times OSHA's Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter. The sample was performed for 164 minutes during the morning shift on March 20, 2018. Zero exposure was assumed for the unsampled time period of 316 minutes. The employee's exposure exceeded the allowable 8-hour Time Weighted Average (TWA) at two times the Permissible Exposure Limit, which is greater than the allowable exposure of 1.00. The employer did not ensure that employees exposure to airborne concentrations of respirable crystalline silica was below OSHA's PEL, on or about 3/20/18.

Issued

Jul 5, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(2)(iii)(A): The employer did not perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area:  a) Indoor Parking Garage (Third Level): An employee engaged in concrete removal via jackhammering, using a Bosch handheld jackhammer and grinder, was overexposed to an airborne concentration of respirable crystalline silica at an 8-hour time-weighted average of 97.91 micrograms per cubic meter, approximately 2 times OSHA's Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter. This level is greater than the allowable exposure of 1.00. The sample was performed for 164 minutes during the morning shift on March 20, 2018. Zero exposure was assumed for the unsampled time period of 316 minutes. The employer did not conduct initial personal breathing zone air samples to reflect employee exposure, on or about 3/20/18.

Issued

Jul 5, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) Third Level Indoor Parking Garage: Employees remove concrete material via grinding and cutting, using Bosch handheld jackhammer, cutting and grinding tools. The employer did not establish and implement a written exposure control plan, thus exposing employees to silicosis, on or about 3/20/18.

Issued

Jul 5, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(h)(2): The employer did not make available an initial (baseline) medical examination within 30 days after initial assignment when the employee had not received a medical exam that meets the requirements of this section within the last three years:  a) Indoor Parking Garage (Third Level): Employees engaged in the removal of concrete material had not completed a baseline medical evaluation within 30 days after beginning work. The employer did not offer an initial baseline medical evaluation for affected employees within 30 days after initial assignment, on or about 3/20/18.