OSHA Inspection: BURKWOOD CONSTRUCTION, INC.

Issued

2018-06-15 00:00:00

Penalty

Initial $2217.00 · Current $264.00 Reduced

General-duty citation text

29 CFR 1926.451(h)(2)(i): The area below the scaffold was not barricaded, and employees were not prohibited from entering the hazard area:    (a) A barricade was not erected underneath an aerial lift on the north side of the courthouse to prevent employees from entering the area. There was a danger of tools, materials, or equipment falling from the lift and striking employees below. There was evidence that brick and other material that was being removed from the building had fallen to the ground below.

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $3880.00 · Current $460.00 Reduced

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) On or about 3/29/18, at the above address, an employee who utilized an electric reciprocating/hammering saw and manual chipping tool to remove brick and mortar from the exterior of the Matthew J. Perry federal courthouse building, was overexposed to respirable silica dust at a concentration of 270 ug/m3, expressed as an 8-hour time-weighted average of approximately 5.4 times the daily Permissible Exposure Limit (PEL) of 50 ug/m3 based on a 465 minute sampling period. Exposure calculations included a zero-increment for the 15 minutes not sampled.     (b) On or about 3/29/18, at the above address, an employee who utilized an electric reciprocating/hammering saw and manual chipping tool to remove brick and mortar from the exterior of the Matthew J. Perry federal courthouse building, was overexposed to respirable silica dust at a concentration of 77 ug/m3, expressed as an 8-hour time-weighted average of approximately 1.5 times the daily Permissible Exposure Limit (PEL) of 50 ug/m3 based on a 464 minute sampling period. Exposure calculations included a zero-increment for the 16 minutes not sampled.

Issued

2018-06-15 00:00:00

Abate by

2018-08-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(d)(3)(i): The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible:      (a) On or about March 29, 2018, two employees operating electric reciprocating/hammering saws and manual chipping tools to remove brick and mortar from the exterior of the Matthew J. Perry federal courthouse building, were overexposed to respirable crystalline silica dust. Engineering control recommended by the manufacturer of the saw is as follows:    Use saw with the attached dust extraction funnel and appropriate vacuum system that provides sufficient air flow to capture airborne dust at the source and a filter with 99% or greater efficiency.      Disclaimer:    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    Date by Which Violation Must be Abated: STEP-2    Date by Which Violation Must be Abated: STEP-3

Issued

2018-06-15 00:00:00

Penalty

Initial $3880.00 · Current $460.00 Reduced

General-duty citation text

29 CFR 1926.1153(d)(2)(ii): The employer did not assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica:    (a) The employer did not assess the 8-hour TWA exposure for each employee to accurately characterize their exposure to respirable crystalline silica while they performed various duties including the removal of brick and mortar from the exterior of the Matthew J. Perry federal courthouse building.

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $2772.00 · Current $329.00 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) The employer failed to develop and institute a written respiratory protection program for employees who were required to wear respiratory protection while removing brick and mortar from the exterior of the Matthew J. Perry federal courthouse building.     ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 a medical evaluation for at least one employee who was required to wear a disposable filtering facepiece respirator while removing brick and mortar from the exterior of the Matthew J. Perry federal courthouse building.     ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Employees who were required to wear tight-fitting N95 disposable filtering facepiece respirators while removing brick and mortar from the exterior of the Matthew J. Perry federal courthouse building had not been fit tested prior to initial use of the respirators.      ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) An employee who was required to wear an N95 disposable filtering facepiece respirator while removing brick and mortar from the exterior of the Matthew J. Perry federal courthouse building had facial hair that came between the sealing surface of the facepiece and the face.    ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $2772.00 · Current $329.00 Reduced

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:    (a) The employer did not establish and implement a written exposure control plan that contain the following provisions:    * A description of the tasks that involve exposure to respirable crystalline silica  * A description  of the engineering controls, work practices, and respiratory protection used to limit employee exposure to silica  * A description of the housekeeping measures used to limit employee exposure to silica  * A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to silica and their level of exposure    ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $2772.00 · Current $329.00 Reduced

General-duty citation text

29 CFR 1926.1153(g)(4): The employer did not designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan:    (a) The employer did not designate a qualified competent person to make frequent and regular inspections of the job site, material, and equipment.     ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $2772.00 · Current $329.00 Reduced

General-duty citation text

29 CFR 1926.1153(i)(2)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the information contained in subparagraphs (A) - (F) of this section:    (a) The employer did not ensure that employees were provided sufficient information concerning the following:    * Health hazards associated with exposure to respirable crystalline silica  * Specific tasks in the workplace that could result in exposure to respirable crystalline silica  * The contents of the silica standard    ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:  (Construction Reference: 1926.59)    (a) The employer did not provide employees with training on the physical and health hazards associated with their exposure to respirable crystalline silica.    ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:    (a) The employer did not fully implement or maintain a written hazard communication program at the workplace where employees were exposed to hazardous chemicals, including mortar, caulking, ethyl alcohol, and silica.

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training as specified in 29 CFR 1910.1200(h)(2) and (h)(3) 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:    (a) Employees had not been informed of the location of the employer's written hazard communication program or provided training on the details of the program.    ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.95(a): Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, were not provided:    (a) The superintendent was using inappropriate leather gloves while mixing and shoveling mortar at a gasoline powered mortar mixer. In addition, the finger tips of the gloves had holes in them.     (b) A mason was using leather baseball gloves while handling mortar during brick laying activities.     ABATEMENT CERTIFICATION IS REQUIRED

Issued

2018-06-15 00:00:00

Abate by

2018-06-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(i)(2)(ii): The employer did not make a copy of this section, 1926.1153(i)(2) employee information and training, readily available without cost to each employee covered by this section:    (a) The employer did not make a copy of section 1926.1153(i)(2) readily available for review by affected employees.    ABATEMENT CERTIFICATION IS REQUIRED