OSHA Inspection: HERA CONSTRUCTION INC.

Issued

Mar 13, 2020

Abate by

Apr 30, 2020

Penalty

Initial $2,545 · Current $1,500 Reduced

Hazardous substances 9010

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): 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) On December 3, 2019, the employer did not ensure that a written respiratory protection program was established for an employee required to use a 3M 6800 full face tight-fitting negative pressure respirator when grinding brick with a Metabo hand held angle 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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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 December 3, 2019, the employer did not provide a medical evaluation to an employee required to use respiratory protection, including a 3M 6800 full face tight-fitting negative pressure respirator, when grinding brick with a Metabo hand held angle 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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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 December 3, 2019, the employer did not ensure that an employee was fit tested prior to using respiratory protection, including a 3M 6800 full face tight-fitting negative pressure respirator, when grinding brick with a Metabo hand held angle 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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    (a) On December 3, 2019, the employer did not ensure that an employee using respiratory protection, including a 3M 6800 full face tight-fitting negative pressure respirator, did not have facial hair that interfered with the seal between the facepiece and the face.     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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:    (a) On December 3, 2019, the employer did not ensure that an employee using respiratory protection, including a 3M 6800 full face tight-fitting negative pressure respirator, cleaned and disinfected the respirator as often as necessary to maintain it in a sanitary condition.     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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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(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) On December 3, 2019, the employer did not ensure that an employee stored his respirator, including a 3M 6800 full face tight-fitting negative pressure respirator, in a manner that protected it from contamination, dust and sunlight. The respirator, which was damaged, was stored in the tool bag with the rest of the equipment and tools.    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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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 December 3, 2019, the employer required an employee to wear a 3M full face tight-fitting negative pressure respirator without ensuring that the employee demonstrated 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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $2,545 · Current $1,500 Reduced

Hazardous substances 9010

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 December 3, 2019, the employer did not implement or follow engineering and work practice controls specified in Table 1 for an employee performing tuck pointing and grinding brick, containing 10% silica, with a Metabo hand held angle 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

Mar 13, 2020

Abate by

Jun 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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 December 3, 2019, the employer did not assess employee exposure to crystalline silica for employee(s) tuck pointing and grinding brick, containing 10% silica, with a Metabo hand held angle 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

Mar 13, 2020

Abate by

Jun 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan that contains at least the following elements:    (i) A description of the tasks in the workplace that involve exposure to respirable crystalline silica;    (ii) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task;    (iii) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and    (iv) A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors.    (a) On December 3, 2019, the employer did not establish and implement a written exposure control plan to protect employees from the hazards of crystalline silica. Exposure for this jobsite occurred when an employee was tuck pointing and grinding brick, containing 10% silica, with a Metabo hand held angle 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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.1153(i)(2)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of at least the information contained in paragraphs (i)(2)(i)(A)-(i)(2)(i)(F) of this standard.    (a) On December 3, 2019, the employer did not ensure that each employee was trained on the health hazards associated with silica, specific tasks where exposure could occur, protective measures including respiratory protection, work practices, and engineering controls, and the purpose of the medical surveillance program. Exposure for this jobsite occurred when an employee was tuck pointing and grinding brick, containing 10% silica, with a Metabo hand held angle 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

Mar 13, 2020

Abate by

Apr 30, 2020

Penalty

Initial $5,089 · Current $2,000 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):    (a) On December 3, 2019, the employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:    1) Requirement for labeling and other forms of warning;  2) Safety data sheet availability;  3) Employee information and training;  4) A list of hazardous chemicals known to be present in the workplace;   5) Methods to inform employees of the hazards on non-routine tasks; and   6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.      An employee was exposed to various chemicals including, but not limited to Spec Mix Type N Mortar, which contained crystalline silica, portland cement and lime, when preparing fresh mortar batches.     Hera Construction Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.1200(e)(1), which was contained in OSHA inspection number 1261811, citation number 1, item number 1a and was affirmed as a final order on February 5, 2018, with respect to a workplace located at 2608 W. Cortez Street, Chicago, IL 60622.    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

Mar 13, 2020

Abate by

Jun 19, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(g)(1): The employer did not have a safety data sheet in the workplace for each hazardous chemical which they use:    (a) On December 3, 2019, the employer did not ensure that a safety data sheet (SDS) for each hazardous chemical used was available at the workplace. An employee was exposed to various chemicals including, but not limited to Spec Mix Type N Mortar, which contained crystalline silica, portland cement and lime, when preparing fresh mortar batches.     Hera Construction Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.1200(e)(1), which was contained in OSHA inspection number 1261811, citation number 1, item number 1b and was affirmed as a final order on February 5, 2018, with respect to a workplace located at 2608 W. Cortez Street, Chicago, IL 60622.    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

Mar 13, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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:    (a) On December 3, 2019, the employer did not provide information and training to an employee required to prepare Spec Mix Type N Mortar batches, which contained crystalline silica, portland cement and lime.     Hera Construction Inc. was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.1200(g)(1), which was contained in OSHA inspection number 1261811, citation number 1, item number 1c and was affirmed as a final order on February 5, 2018, with respect to a workplace located at 2608 W. Cortez Street, Chicago, IL 60622.    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.