OSHA Inspection: SHAWN BERGER

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $2956.00 · Current $2069.00 Reduced

Hazardous substances 1591C141

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) Berger's Construction: Employees were required to wear respirators while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer did not establish/implement a written respiratory protection program, as discovered on or about 07/30/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591C141

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) Berger's Construction: Employees were required to wear respirators while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer did not provide these employees with respirator medical evaluations, as discovered on or about 07/30/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591C141

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:  a) Berger's Construction: Employees were required to wear respirators while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer did not provide these employees with respirator fit tests, as discovered on or about 07/30/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:  a) Berger's Construction: Employees were required to wear respirators while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer did not provide these employees with respirator training, as discovered on or about 07/30/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Penalty

Initial $2956.00 · Current $2069.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level:  a) Berger's Construction: Employees were overexposed to lead while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer failed to perform an initial determination to determine employee exposure levels to lead, as discovered on or about 08/14/2018.  ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3)(i): The employer did not establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, solely by means of engineering and work practice controls:  a) Berger's Construction: Employees were overexposed to lead while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer did not establish and implement a written lead compliance program, as discovered on or about 08/14/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(1)(i): A medical surveillance program was not instituted for all employee(s) who were, or could be exposed to lead above the action level for more that thirty days per year:  a) Berger's Construction: Employees were overexposed to lead while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer failed to provide these employees with medical surveillance for lead, as discovered on or about 08/14/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(l)(1)(ii): The employer did not train each employee who is subject to exposure to lead at or above the action level, or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of 29 CFR 1910.1025:  a) Berger's Construction: Employees were overexposed to lead while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer failed to provide these employees with lead training, as discovered on or about 08/14/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Penalty

Initial $2956.00 · Current $2069.00 Reduced

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(d)(1)(i): The employer did not determine whether any employee was exposed to cadmium at or above the action level:  a) Berger's Construction: Employees were overexposed to cadmium while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer failed to perform an initial determination to determine employee exposure levels to cadmium, as discovered on or about 08/14/2018.  ABATED DURING INSPECTION NO ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(f)(2)(i): When the permissible exposure limit (PEL) was exceeded, the employer did not establish and implement a written compliance program to reduce employee exposure to cadmium to or below the PEL by means of engineering and work practice controls:  a) Berger's Construction: Employees were overexposed to cadmium while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer did not establish and implement a written cadmium compliance program, as discovered on or about 08/14/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(l)(1)(i)(A): The employer did not institute a medical surveillance program for all employees who were or potentially were exposed to cadmium at or above the action level on 30 or more days per year:  a) Berger's Construction: Employees were overexposed to cadmium while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer failed to provide these employees with medical surveillance for cadmium, as discovered on or about 08/14/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(m)(4)(i): The employer did not institute a training program for all employees who were potentially exposed to cadmium, ensure employee participation in the program, and maintain a record of the contents of such program:  a) Berger's Construction: Employees were overexposed to cadmium while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer failed to provide these employees with cadmium training, as discovered on or about 08/14/2018.  ABATEMENT CERTIFICATION REQUIRED

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $2217.00 · Current $1552.00 Reduced

Hazardous substances 1591C141

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) Berger's Construction: Employees were exposed to hazardous chemicals, including, but not limited to crude zinc oxide dust, while working as the railcar tank entrant/attendant and the vacuum truck dumper, and the employer did not develop/implement a written hazard communication program, on or about 07/30/2018.  ABATEMENT CERTIFICATION REQUIRED   ABATEMENT NOTE: Key elements of a hazard communication program are the written program (e), labeling (f), safety data sheets (g), and employee training (h).

Issued

2018-11-01 00:00:00

Abate by

2018-12-21 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.141(b)(1)(i): Potable drinking water was not provided in all places of employment:  a) Berger's Construction, AZR Railyard:  Employees were not provided with potable drinking water for their consumption, as discovered on or about 07/30/2018.  ABATEMENT CERTIFICATION REQUIRED