OSHA Inspection: CHICAGO FIREPLACE & CHIMNEY CO.

Issued

2020-11-10 00:00:00

Abate by

2020-12-15 00:00:00

Penalty

Initial $357.00 · Current $357.00

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:   Chicago Fireplace & Chimney Co., 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                                        01a                                          04/08/2020  01                                        01b                                          04/15/2020  01                                        01c                                           04/08/2020  01                                        01d                                          04/15/2020  01			                      02a			                        04/08/2020  01			                      02b			                        04/22/2020  01			                      02c		                  	        04/08/2020  01			                      3a		                         	04/08/2020  01			                      3b			                        04/15/2020    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET).

Issued

2020-03-27 00:00:00

Abate by

2020-04-08 00:00:00

Penalty

Initial $2545.00 · Current $2545.00

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.   29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employees or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program with required worksite-specific procedures:  (a) On October 29, 2019, the employer did not ensure that a written respiratory protection program was established and implemented for those employees required to wear respiratory protection, including filtering facepiece 3M N95 Particulate Respirator (8511) when cutting the concrete crown of a chimney with a handheld saw.  The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.  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

2020-03-27 00:00:00

Abate by

2020-04-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.   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) On October 29, 2019, the employer did not provide medical evaluations to employees required to wear 3M N95 Particulate Respirator (8511) when cutting the concrete crown of a chimney with a handheld saw.   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

2020-03-27 00:00:00

Abate by

2020-04-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.   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) On October 29, 2019, the employer did not ensure employees required to wear 3M N95 Particulate Respirators (8511), when cutting the chimney concrete crown with a handheld gas powered saw, were fit tested prior to the initial use of the respirator.     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

2020-03-27 00:00:00

Abate by

2020-04-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.103: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):  (a) On October 29, 2019, Chicago Fireplace & Chimney C0. required employees to wear 3M N95 Particulate Respirators (8511) when cutting  the chimney's concrete crown without ensuring that the employees could demonstrate knowledge why the respirator was necessary and how improper fit, usage, storage or maintenance can compromise the protective effect of the respirator.  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

2020-03-27 00:00:00

Abate by

2020-04-08 00:00:00

Penalty

Initial $2545.00 · Current $2545.00

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 October 29, 2019, Chicago Fireplace & Chimney Co. did not fully and properly implement engineering controls and work practices, as specified in Table 1 when an employee was permitted to cut the concrete chimney crown, containing 9% crystalline silica (Quartz) with a handheld gas powered saw, Model TS 420 STIHL Cutquik®, without using a saw equipped with integrated water delivery system that continuously feeds water to the blade.  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

2020-03-27 00:00:00

Abate by

2020-04-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 October 29, 2019, Chicago Fireplace & Chimney Co. did not assess the employee's exposure to respirable crystalline silica when an employee was performing outdoor cutting on a concrete chimney crown, containing 9% crystalline silica (Quartz) with a handheld gas powered saw, Model TS 420 STIHL Cutquik®.    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

2020-03-27 00:00:00

Abate by

2020-04-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 October 29, 2019, the employer did not establish and implement a site specific written exposure control plan that outlined the following elements: descriptions of the tasks that could expose employees to respirable crystalline silica, descriptions of the work practices, respiratory protection, engineering controls, description of housekeeping measures, and if necessary procedures to limit access to areas to reduce employee exposure to respirable crystalline silica.   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

2020-03-27 00:00:00

Abate by

2020-04-08 00:00:00

Penalty

Initial $2545.00 · Current $2545.00

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 Hazard Communication Program and paragraph (i)(2) of this section:  (a) On October 29, 2019, Chicago Fireplace & Chimney Co. did not ensure that each employee was trained on the following: health hazards, specific tasks where exposure could occur, protective measures including respiratory protection, work practices, and engineering controls, the identity of the competent person, and the purpose of the medical surveillance program when employees had a potential of exposure to crystalline silica.   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

2020-03-27 00:00:00

Abate by

2020-04-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S103

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area.  (a) On October 29, 2019, the employer did not ensure that employees were provided information and training on the hazardous chemicals in their work area. Employee(s) were exposed to hazardous chemicals including but not limited to respirable crystalline silica.  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.