OSHA Inspection: LGM BORING, LLC

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $9,446 · Current $5,668 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1926.52(d)(1): In all cases where the sound levels exceeded the values shown in Table D-2 of 29 CFR 1926.52, a continuing, effective hearing conservation program was not administered:    The employer did not administer an effective hearing conservation program for employees, who worked in the underground construction and tunneling operation, and were exposed to noise that had exceeded an 8-hour TWA of 90 dBA, based on an 90 dB threshold:     (a) A jack hammer operator employee was exposed to continuous noise levels at 434.8% of the permissible 8-hour time weighted average (TWA) . The equivalent level of 434.8% is approximately 100.6 dBA. Sampling was performed for 298 minutes during one shift. Zero exposure was assumed for the 182 minutes not sampled.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $6,747 · Current $4,048 Reduced

General-duty citation text

29 CFR 1926.405(g)(2)(iv): Flexible cords were not connected to devices and fittings so that strain relief is provided to prevent pull from being directly transmitted to joints or terminal screws:    (a) On or about March 3, 2020, employees were working at the jobsite with Schaefer ventilation equipment and other equipment requiring electrical equipment power were exposed to electrocution, and electrical shock hazards from a powered extension cord plugged into the jobsite electrical receptacle that had the power cord protective sleeve pulled out of the crimped clamp exposing the internal wiring. The power cord did not have a strain relief mechanism.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $9,446 · Current $5,668 Reduced

General-duty citation text

29 CFR 1926.800(g)(5)(ii): On jobsites where less than 25 employees worked underground at one time, the employer did not provide or arrange in advance for at least one 5-person rescue team:     (a) On or about March 3, 2020 and times prior thereto; no rescue services were provided by the employer when employees entered the underground tunnel.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.800(j)(3): A record of all air quality tests in underground construction was not maintained above ground at the worksite:   (a) On or about March 3, 2020 and times prior thereto; the employer did not keep records of all air quality tests in the underground tunnel. Employees worked in the underground tunnel and were assigned duties such as utilizing a jackhammer and performing cleanup activities. Employees were exposed to the hazards associated with working in an underground tunnel such as but not limited to: asphyxiation hazards (oxygen deficiency), crushed-by hazards and engulfment hazards.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $6,747 · Current $4,048 Reduced

General-duty citation text

29 CFR 1926.800(r)(6)(ii): Employees were riding haulage equipment:    (a)On or about March 3, 2020 and times prior thereto; the employer did not provide haulage equipment with seating for each passenger that protected passengers from being struck-by hazards other equipment in the tunnel or tunnel surfaces as they were riding on the haulage equipment.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $5,398 · Current $3,239 Reduced

General-duty citation text

29 CFR 1926.1153(e)(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) On or about March 3, 2020 and times prior thereto; the employer provided employees performing jackhammering operations in the underground tunnel with a N95 respirator. The employer did not provide each employee an appropriate respirator that complied with the requirements of 29 CFR 1910.134 for the protection against respirable crystalline silica.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $0 · Current $0

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 (Construction Reference 1926.103):    (a) The employer did not provide a medical evaluation for employee(s) who wore a 3M N95 half mask filtering facepiece respirator. Employee(s) used this respirator for protection against respirable crystalline silica dust.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

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) The employer did not provide a fit test for employee(s) who wore a 3M N95 Half mask filtering facepiece respirator. Employee(s) used this respirator for protection against respirable crystalline silica dust.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

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 March 3, 2020,  employee was using a respirator, such as but not limited to, a N95 half mask Filtering facepiece respirator. An employee used this respirator for protection against respirable crystalline silica dust.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $6,747 · Current $4,048 Reduced

General-duty citation text

29 CFR 1926.1153(h)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year:    (a) The employer did not institute a medical surveillance program for all employee(s) who were required to wear respirators for more than 30 days per year. Employees wore 3M N95 half mask filtering facepiece respirator for protection against respirable crystalline silica. Personal air monitoring indicated that two employees were exposed to airborne respirable crystalline silica concentrations which exceeded the Action limit (AL) of 25 micrograms per cubic meter of air. This limit is established to prevent silicosis and lung cancer. Employees were assigned duties such as but not limited to operating jack hammer in an underground tunnel.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $5,398 · Current $3,239 Reduced

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 29 CFR 1926.1153(i)(2)(i)(A)-29 CFR 1926.1153(i)(2)(i)(F) of this standard:     (a) The employer did not assure that employee(s) with airborne exposures to respirable crystalline silica received trained in accordance to the requirements listed in sections 29 CFR 1910.1153(i)(2)(i)(A) -(F). Employees were assigned duties such as but not limited to operating a jack hammer in the underground tunnel.

Issued

May 13, 2020

Abate by

Jun 9, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s) (Construction Reference 29 CFR 1926.59):   On or about March 3, 2020 and times prior thereto; at the jobsite, employees did not maintain hazardous chemicals, which can result in flammability hazards and explosion hazards.  Chemicals included but not limited to:     (a) Western international- Acetylene gas cylinder; (b) Airgas- Compressed oxygen cylinder.