OSHA Inspection: MAGIC MASONRY, INC.

Issued

Apr 26, 2019

Abate by

May 30, 2019

Penalty

Initial $319 · Current $319

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:   Magic Masonry, Inc., failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:   Citation Number            Item Number                    Abatement Date  01                                01                                   02/27/2019  01                                02a                                  03/20/2019  01                                02b                                  03/20/2019  01                                02c                                  03/20/2019  01                                02d                                  03/20/2019  01                                02e                                  03/20/2019  01                                02f                                   03/20/2019                                 In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET).

Issued

Feb 14, 2019

Abate by

Feb 27, 2019

Penalty

Initial $1,705 · Current $1,705

Hazardous substances S103

General-duty citation text

29 CFR 1926.102(a)(1): The employer did not ensure that each affected employee use appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors or potentially injurious light radiation.  a) On August 22, 2018, the employer did not ensure that employees grinding mortar, using a handheld grinder, used appropriate eye protection.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Feb 14, 2019

Abate by

Mar 20, 2019

Penalty

Initial $2,842 · Current $2,842

Hazardous substances S103

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) On August 22, 2018, Magic Masonry, Inc. did not fully and properly implement engineering controls, work practices, and respiratory protection for employees performing tuckpointing for up to 8 hours per shift.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records

Issued

Feb 14, 2019

Abate by

Mar 20, 2019

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) On August 22, 2018, Magic Masonry, Inc. did not assess the exposure to crystalline silica for each employee exposed to mortar dust containing approximately 30% crystalline silica while performing tuckpointing operations.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 14, 2019

Abate by

Mar 20, 2019

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1926.1153(e)(1)(i): Respiratory protection was not provided where specified by Table 1 of paragraph (c) of this section:  a) On August 22, 2018, Magic Masonry, Inc. did not provide respiratory protection as specified in Table 1 of paragraph (c) of this section. Employees were grinding mortar containing 30% crystalline silica using electric handheld grinders equipped with commercially available shroud and dust collection system for greater than 4 hours per day. Appropriate respiratory protection as specified by Table 1 of the paragraph (c) of this section were not required or provided to the employees.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 14, 2019

Abate by

Mar 20, 2019

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) On August 22, 2018, Magic Masonry, Inc. did not institute a respiratory protection program for employees required by this section to use respirators. Employees were grinding mortar containing 30% crystalline silica using electric handheld grinders equipped with commercially available shroud and dust collection system for greater than 4 hours per day.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 14, 2019

Abate by

Mar 20, 2019

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) On August 22, 2018, Magic Masonry, Inc. did not establish and implement a written silica exposure control plan that complied with the requirements of 1926.1153(g)(1)(i) through (iv) when employees were grinding mortar containing 30% crystalline silica with a handheld electric grinder.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 14, 2019

Abate by

Mar 20, 2019

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not ensure that each employee is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section:  a) On August 22, 2018, Magic Masonry, Inc. did not ensure that all employees exposed to crystalline silica received training required by the hazard communication standard and 29 CFR 1926.1153(i)(2).   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.