OSHA Inspection: SHINE STAR CONCRETE POLISHING, LLC

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $2,842 · Current $2,148 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1) as referenced by 29 CFR 1926.103: 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) Worksite, 56 - 58 Elm St., Newark, NJ    The employer did not establish and implement a written respiratory protection program for employees exposed to silica who were required to use half mask elastomeric negative pressure respirators during concrete polishing operations involving a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.      Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(d)(3)(iv)(B)  as referenced by 29 CFR 1926.103: The employer did not provide an air-purifying respirator equipped with a filter certified by NIOSH under 30 CFR  par 11 as a high efficiency particulate air (HEPA) filter, or an air-purifying respirator equipped with a filter certified for particulates by NIOSH under 42 CFR part 84 for protection against particulates:  a) Worksite, 56 - 58 Elm St., Newark, NJ  The employer did not provide an employee required to use a half mask elastomeric negative pressure respirator with the correct NIOSH certified cartridge.  The employee used an organic vapor cartridge while performing concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector, instead of a NIOSH certified cartridge for the application, such as a P-100 HEPA cartridge.    Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(e)(1) as referenced by 29 CFR 1926.103:  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) Worksite, 56 - 58 Elm St., Newark, NJ  The employer did not provide medical evaluations to employees required to use half mask elastomeric negative pressure respirators while performing concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.   Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(1) as referenced by 29 CFR 1926.103: 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) Worksite, 56 - 58 Elm St., Newark, NJ  The employer did not provide fit tests  for employees required to use half mask elastomeric negative pressure respirators while performing concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.    Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k)(3) as referenced by 29 CFR 1926.103:  Training was not provided prior to requiring employees to use a respirator in the workplace:   a) Worksite, 56 - 58 Elm St., Newark, NJ  The employer did not train employees required to use half mask elastomeric negative pressure respirators  while performing concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector, in the correct use and limitations of the respirator.     Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $2,842 · Current $2,148 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1200(e)(1) as referenced by 29 CFR 1926.59: Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):     a) Worksite, 56 - 58 Elm St., Newark, NJ    The employer did not establish and implement a written hazard communication program for employees exposed to silica while performing concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.      Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section:    a) Worksite, 176 Watchung Avenue, Montclair, NJ  The employer did not train workers on the hazards of crystalline silica dust such as silicosis and cancer which is generated during concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.   Violation occurred on or around 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $3,978 · Current $2,148 Reduced

General-duty citation text

29 CFR 1926.28(a): The employer did not require the wearing of appropriate personal protective equipment in all operations where there was an exposure to hazardous conditions or where this part indicated the need for using such equipment to reduce the hazards to the employees.    a) Worksite, 56 - 58 Elm St., Newark, NJ    An employee spliced 240 volt service wires to temporary 240 volt circuit breaker panels on the ground and 6th floors to power a concrete floor grinding machine and dust collector cyclone.   During such operations the employee wore a hardhat and leather gloves, when arc rated clothing to 4 kcal / ft2 or equivalent cotton clothing, safety glasses, an arc rated face shield, and heavy duty leather boots was required to protect from arc flash burns.       Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $2,842 · Current $2,148 Reduced

General-duty citation text

29 CFR 1926.403(b)(1)(i): Safety of equipment was not determined on the basis of suitability of the equipment for an identified purpose as evidenced by listing, labeling, or certification for that identified purpose:    a) Worksite, 56 - 58 Elm St., Newark, NJ    An employee spliced 240 volt service wires to temporary 240 volt circuit breaker panels on the ground and 6th floors to power a concrete floor grinding machine and dust collector cyclone.  The temporary panel on the 6th floor was laid on the floor when the listing labeling requires the panel to be wall mounted.      Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.403(i)(2)(i): Live parts of electric equipment operating at 50 volts or more were not guarded against accidental contact by cabinets or other forms of enclosures, nor by any of the means listed in subparagraphs (A) through (D) of this paragraph:  An employee spliced 240 volt service wires to temporary 240 volt circuit breaker panels on the ground and 6th floors to power a concrete floor grinding machine and dust collector cyclone.   During such operations the employee was exposed to burns or electrocution from exposed and energized 240 volt bus and conductors.   Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.404(d)(1)(i): Means were not provided to disconnect all conductors in the building or other structure from the service-entrance conductors:  a) Worksite, 56 - 58 Elm St., Newark, NJ  An employee spliced 240 volt service wires to temporary 240 volt circuit breaker panels on the ground and 6th floors to power a concrete floor grinding machine and dust collector cyclone.   During such operations the panel box on the ground floor was not provided with any means of disconnect.  Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $2,842 · Current $0 Reduced

Hazardous substances 9000

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 implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, or assess and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:    a) Worksite, 56 - 58 Elm St., Newark, NJ    Employees performed concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.  The employer did not ensure that the Diamatic concrete polishing manchine could be used with another manufacturer's dust collector such as the Daesung Cyclone used during the operation.        Violation occurred on or around  11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Worksite, 56 - 58 Elm St., Newark, NJ    Employees performed concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.  The employer failed to perform personal air sampling for silica to ensure that engineering controls used were adequate.     Violation occurred on or around  11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $2,842 · Current $2,148 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:    a) Worksite, 56 - 58 Elm St., Newark, NJ    The employer did not establish and implement a written silica exposure control plan for employees exposed to silica  while performing concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.      Violation occurred on or about 11-13-18

Issued

Feb 22, 2019

Abate by

Mar 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Worksite, 56 - 58 Elm St., Newark, NJ  The employer did not designate a competent person to implement a crystalline silica exposure control plan for employees exposed to silica while performing concrete polishing with a Diamatic concrete polishing machine connected to a Daesung Cyclone dust collector.    Violation occurred on or around  11-13-18