OSHA Inspection: SURE-DRY BASEMENT SYSTEMS, INC.

Issued

Mar 26, 2020

Abate by

Jan 4, 2021

Penalty

Initial $10,390 · Current $1,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable: (i) Procedures for selecting respirators for use in the workplace; (ii) Medical evaluations of employees required to use respirators; (iii) Fit testing procedures for tight-fitting respirators; (iv) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; (v) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; (vi) Procedures to ensure adequate air quality, and flow of breathing air for atmosphere-supplying respirators; (vii) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; (viii) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance: and (ix) Procedures for regularly evaluating the effectiveness of the program (Construction Reference 1926.1153(e)(2):    a) On or about December 19, 2019, the employer had not developed and implemented a written respirator program for employees performing work tasks, involving materials containing crystalline silica, listed in 29 CFR 1926.1153 Table 1 and requires respiratory protection. Work tasks, involving materials containing crystalline silica, listed in 29 CFR 1926.1153 Table 1, performed by employees, include, but are not limit to: Using a demolition hammer equipped with commercial shroud and dust collection system indoor on concrete; and Using a handheld power saw with an integrated water delivery system to cut concrete indoors. The employer has not developed a written respirator program or provided employees required to wear respiratory protection medical evaluations or fit testing.

Issued

Mar 26, 2020

Abate by

Jan 4, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall 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 or about November 11, 2019, employees installing a water control system in the basement of 8503 Harding Road, Bancroft, WI were not wearing respiratory protection as required by 29 CFR 1926.1153 Table 1 of paragraph (c). The employees were using or working near a Hilti TE 3000-AVR Demolition Hammer with the Hilti TE DRS-3000 Dust Removal System on a concrete floor. 29 CFR 1926.1153 Table 1 of paragraph (c) item (x) Jackhammers and handheld powered chipping tools requires respiratory protection with a minimum assigned protection factor of 10 when working indoors or in enclosures.

Issued

Mar 26, 2020

Abate by

Jan 4, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(e)(1)(i): General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required: Where specified by Table 1 of paragraph (c) of this section:    a) On or about November 11, 2019, employees installing a water control system in the basement of 8503 Harding Road, Bancroft, WI were not wearing respiratory protection as required by 29 CFR 1926.1153 Table 1 of paragraph (c). The employee(s) were using a Hilti TE 3000-AVR Demolition Hammer with the Hilti TE DRS-3000 Dust Removal System on a concrete floor. 29 CFR 1926.1153 Table 1 of paragraph (c) item (x) Jackhammers and handheld powered chipping tools requires respiratory protection with a minimum assigned protection factor of 10 when working indoors or in enclosures.

Issued

Mar 26, 2020

Abate by

Jan 4, 2021

Penalty

Initial $7,422 · Current $1,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(2)(ii): Performance option. The employer shall assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica:    a) On or about November 11, 2019, Sure-Dry Basement Systems, Inc. was utilizing incorrectly calculated employee respirable crystalline silica exposures of the Industrial Hygiene Technical Report dated November 28, 2017 as objective data showing employees using a demolition hammer with a dust collection system were exposed to an 8-hour TWA respirable crystalline silica exposure below the permissible exposure limit and did not need to wear respiratory protection.  Sure-Dry Basement Systems, Inc. was utilizing air monitoring data from another company performing similar work tasks as the employer. The Industrial Hygiene Technical Report dated November 28, 2017 indicated employees performing Concrete Repair, Water proofing, Egress and Radon work tasks were exposed to respirable crystalline silica exposures below 0.1% of OSHA's Permissible Exposure Limit. On or about November 11, 2019, employees were installing a water control system which would involve similar work tasks as Water proofing. A review of the laboratory report used for the Industrial Hygiene Technical Report dated November 28, 2017 reveal one employee performing Water proofing work tasks was exposed to 1,351% of OSHA's Respirable Crystalline Silica Permissible Exposure Limit and another employee performing Water proofing work tasks was exposed to 414% of OSHA's Respirable Crystalline Silica Permissible Exposure Limit.     b) On or about November 11, 2019, the Industrial Hygiene Technical Report dated November 28, 2017 did not include all the  information required by the 1926.1153 (b) Definitions: Objective Data. The Industrial Hygiene technical report did not include a description of the location where the employees were working, the equipment and engineering controls being used, or descriptions of any work practices being followed to reduce or contain the respirable crystalline silica containing dust.

Issued

Mar 26, 2020

Abate by

Jan 4, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(g)(1): Written exposure control plan. The employer shall 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: 9ii) 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 November 11, 2019, the Sure Dry Basements Silica Program did not include usage of the Hilti TE 3000-AVR Demolition Hammer for removal of portions of a basement concrete floor during the installation of a water removal system as a workplace task that exposes employees to respirable crystalline silica. The Sure Dry Basements Silica Program did not include specifics on the engineering controls and work practices to be utilized during the installation of a water removal system.

Issued

Mar 26, 2020

Abate by

Jan 4, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(h)(1)(i): General. The employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who will be required under this section to use a respirator for 30 or more days per year:    a) On or about December 19, 2019, the employer had not made medical surveillance available to employees using and working near a Hilti TE 3000-AVR Demolition Hammer for removal of portions of a basement concrete floor during the installation of a water removal system and other equipment/task activities requiring respiratory protection listed in 1926.1153 Table 1 of paragraph (c) for 30 days or more a year.