OSHA Inspection: PENCE ENTERPRISES

Issued

Apr 29, 2019

Abate by

Jul 1, 2019

Penalty

Initial $3,978 · Current $2,586 Reduced

Hazardous substances 9000

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)  At Pence Enterprises: The employer did not develop and implement a written respiratory protection program to protect employees overexposed to silica. Employees performing sandblasting to concrete and quartz stones were wearing respiratory protection without cartridges, fitting test and spirometry evaluation to prevent overexposures to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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)  At Pence Enterprises: The employer did not provide a medical evaluation. Employees performing sandblasting to concrete and quartz stones were wearing respiratory protection without spirometry evaluation to prevent overexposures to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):    (a)  At Pence Enterprises: The employer did not ensure that employees had a qualitative or quantitative fit test. Employees performing sandblasting to concrete and quartz stones were wearing half face respiratory protection without being fitting tested to prevent overexposures to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Jul 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:    (a)  At Pence Enterprises: The employer did not require employees to clean their respirators. Employees performing sandblasting to concrete and quartz stones were wearing unclean and dirty respiratory protection, unable to prevent overexposures to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Jul 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:    (a)  At Pence Enterprises: The employer did not ensure that employees stored their respirators the safe way to protect employees overexposed to silica. Respirators were hanging from a nail on the wall. Employees performing sandblasting to concrete and quartz stones were wearing respiratory protection that were exposed to silica due to improper storing.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:    (a)  At Pence Enterprises: The employer did not develop and implement training on respiratory protection. Employees performing sandblasting to concrete and quartz stones were wearing respiratory protection without any knowledge on how to care and maintain respirators to prevent overexposures to silica.  Employees do not have any training on respiratory protection.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $2,586 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(c): The employer did not ensure that no employee was exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA:    (a)  At Pence Enterprises: The employer did not ensure that no employee is exposed to silica. Employees performing sand blasting on concrete and quartz stones were exposed to levels higher than the Permissible exposure limit to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(g)(1): Where respiratory protection was required by this section, the employer did not provide each employee an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134:    (a)  At Pence Enterprises: The employer did provided the right respirator to protect employees overexposed to silica, but he did not provided enough cartridges to be changed as necessary.  The employer did not have extra pieces such as valves and strap for the maintenance of the respirator.  Employees performing sandstones blasting were wearing respiratory protection with saturated cartridges that do not to prevent overexposures to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Jul 1, 2019

Penalty

Initial $3,978 · Current $2,586 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(d)(1): 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) or the scheduled monitoring option in paragraph (d)(3) of this section:      (a)  At Pence Enterprises: The employer did not assess the workplace for crystalline silica. Air sampling has not been performed to identify possible exposure to crystalline silica.  Employees performing sand blasting on concrete and quartz stones were exposed to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Jun 7, 2019

Penalty

Initial $3,978 · Current $2,586 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica was, or could have been reasonably expected to be, in excess of the PEL:      (a)  At Pence Enterprises: The employer did not establish a regulated area at the shop for crystalline silica. Signs demarcating the area as authorize employees only were not posted at the entrance of the shop.  Employees performing sand blasting on concrete and quartz stones were exposed to silica.  Other employees can enter into the area without the proper PPE.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Jun 7, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(2): The employer did not post signs at all entrances to regulated areas that bear the following legend:                                                             DANGER                                                                                                                          RESPIRABLE CRYSTALLINE SILICA                                                     MAY CAUSE CANCER                                               CAUSES DAMAGE TO LUNGS                               WEAR RESPIRATORY PROTECTION IN THIS AREA                                           AUTHORIZED PERSONNEL ONLY      (a)  At Pence Enterprises: The employer did not post signs at the entrance of the shop for crystalline silica. Signs and warning labels were not posted at the area of overexposure.  Employees performing sand blasting on concrete and quartz stones were exposed to silica.  Other employees can enter into the area without the proper PPE.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Jul 1, 2019

Penalty

Initial $3,978 · Current $2,586 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:      At Pence Enterprises: The employer did not develop and implement a Written Exposure Control Plan That describes the tasks in the workplace where exposure to silica exist, the engineering controls available, PPE, and housekeeping measures to control overexposure to silica. Employees performing sand blasting were overexposed to silica.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $2,586 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(i)(1)(i): The employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year:    (a)  At Pence Enterprises: The employer did not ensure that employees exposed to silica have a medical surveillance. Employees performing sand blasting on concrete and quartz stones were exposed to levels higher than the Permissible exposure limit to silica.       (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Jul 1, 2019

Penalty

Initial $3,978 · Current $2,586 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:    At Pence Enterprises: Employees were exposed to hazardous chemicals.  The employer did not develop or implement a Hazard Communication Program.  Employees throughout the facility were exposed to hazardous chemicals such as but not limited to silica, oil lubricants, cleaning and disinfectant sprays.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

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:    At Pence Enterprises: Employees were exposed to hazardous chemicals.  Employees are exposed to skin, eye and respiratory irritant and silica without the proper hazard communication training.

Issued

Apr 29, 2019

Abate by

Jul 1, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1053(j)(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):    (a)  At Pence Enterprises:  Employees were exposed to hazardous chemicals.  The employer did not develop or implement a Hazard Communication Program to include silica.  Employees throughout the facility were exposed to hazardous chemicals such as but not limited to silica.          (1)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 220.0000 ucg of silica which is 4.38 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.          (2)  On or about November 15, 2018, an employee was exposed to an 8-hour time weighted average (TWA) level 180.0000 ucg of silica which is 3.62 times the OSHA permissible exposure level (PEL) of 50 ucg while performing head tombs blasting processes.

Issued

Apr 29, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(3)(i): The employer did ensure that each employee covered by this section could demonstrate knowledge and understanding of  the health hazards associated with exposure to respirable crystalline silica; specific tasks in the workplace that could result in exposure to respirable crystalline silica; specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica; the contents of this section; and the purpose and a description of the medical surveillance program required by paragraph (i) of this section:      At Pence Enterprises:  Employees were exposed to silica.  Silica dust can irritate the eyes, skin, and respiratory tract. Prolonged overexposure can cause lung cancer.  Employees were exposed to silica without the proper knowledge on how to protect themselves against it and how to handle it.