OSHA Inspection: DAN LEPORE & SONS COMPANY, INC.

Issued

Jan 30, 2019

Penalty

Initial $6,819 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators were necessary to protect the health of the employee or whenever respirators were required by the employer, the employer did not establish and implement a written respiratory protection program with worksite-specific procedures. A program was not updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer did not include in the program the provisions of this section, as applicable:  (Construction Reference: 1926.103)    a) 100 Renaissance Blvd, North Brunswick, NJ 08902    The employer did not implement work specific procedures and elements of a written respiratory protection program to cover employees required to wear N95 dust masks when using chemicals such as but not limited to Core Fill Masonry Grout (mortar mix) containing Silica and Portland Cement. Employees wearing the dust masks worked near mixing station silos and were not covered by elements of a written program to include medical evaluations and training, prior to using the respirators.    Condition observed on or about 10/12/18.

Issued

Jan 30, 2019

Penalty

Initial $0 · Current $0

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) 100 Renaissance Blvd, North Brunswick, NJ 08902    Employees required to use N95 dust masks while working with chemicals such as but not limited to Core Fill Masonry Grout (mortar mix) containing Silica and Portland Cement, near the mixing stations, and were not provided medical evaluations before using these respirators in the workplace.     Condition observed on or about 10/12/18.      WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

Jan 30, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(3): The employer did not provide the training prior to requiring the employee to use a respirator in the workplace:  (Construction Reference: 1926.103)    a) 100 Renaissance Blvd, North Brunswick, NJ 08902    Employees required to use N95 dust masks while working with chemicals such as but not limited to Core Fill Masonry Grout (mortar mix) containing Silica and Portland Cement, near the mixing stations, and were not provided respirator protection training before using these respirators in the workplace.     Condition observed on or about 10/12/18.

Issued

Jan 30, 2019

Penalty

Initial $10,229 · Current $5,500 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): Employer did not develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training were met: (Construction Reference: 1926.59)    a) 100 Renaissance Blvd, North Brunswick, NJ 08902    The employer did not implement or maintain a fully developed written hazard communication program to include a complete hazardous chemical list with product identifiers and information regarding the individual(s) responsible   for coordinating various aspects of the program at the jobsite. Employees used hazardous chemicals such as but not limited to Freshly Mixed Unhardened Concrete (grout mix) containing Portland and Blended Cements and Core Fill Masonry Grout (mortar mix) containing Silica and Portland Cement, to perform work duties.     Condition observed on or about 10/12/18.

Issued

Jan 30, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they are readily accessible during each work shift to employees when they were in their work area(s):  (Construction Reference: 1926.59)    a) 100 Renaissance Blvd, North Brunswick, NJ 08902    The employer did not provide employees with updated copies of safety data sheets with required hazard identification information such as but not limited to signal words, hazard statement(s), symbol(s) and precautionary statement(s) in the appropriate sections. Employees used hazardous chemicals including but not limited to Freshly Mixed Unhardened Concrete (grout mix) containing Portland and Blended Cements to perform work duties.     Condition observed on or about 10/12/18.

Issued

Jan 30, 2019

Penalty

Initial $10,229 · Current $5,500 Reduced

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, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact:    a) 100 Renaissance Blvd, North Brunswick, NJ 08902    The employer did not provide employees with adequate personal protective equipment to minimize their skin from coming into contact with caustic chemicals such as but not limited to wet, Freshly Mixed Unhardened Concrete (grout mix) containing Portland and Blended Cements.  Employees held grout hoses against their bodies while filling concrete masonry units during their workday.     Violation occurred on or about 9/5/18.

Issued

Jan 30, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(3): Employees required to handle or use poisons, caustics, and other harmful substances were not instructed regarding the safe handling and use, and were not made aware of the potential hazards, personal hygiene, and personal protective measures required:    a) 100 Renaissance Blvd, North Brunswick, NJ 08902    The employer did not provide employees adequate training on the personal protective measures they needed to take when working with corrosive chemicals such as but not limited to grout and mortar mix containing Portland and Blended cements.     Violation occurred on or about 10/12/18.

Issued

Jan 30, 2019

Penalty

Initial $8,525 · Current $3,000 Reduced

General-duty citation text

29 CFR 1904.39(a)(2): The employer failed to report the in-patient hospitalization, amputation, or loss of an eye to OSHA within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident:    a) 100 Renaissance Blvd, North Brunswick, NJ 08902    The employer failed to report to OSHA within twenty-four (24) hours an in-patient hospitalization involving of an employee who was hospitalized for a work-related injury. The employee was hospitalized on September 5, 2018 and the employer reported this hospitalization to OSHA on October 10, 2018.       Violation occurred on or about 9/5/18.    b) 100 Renaissance Blvd, North Brunswick, NJ 08902    The employer failed to report to OSHA within twenty-four (24) hours an in-patient hospitalization involving of an employee who was hospitalized for a work-related injury. The employee was hospitalized on October 4, 2018 and the employer reported this hospitalization to OSHA on October 10, 2018.     Violation occurred on or about 10/4/18.