OSHA Inspection: VR CONSTRUCTION, LLC

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $1,735 · Current $1,735

General-duty citation text

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) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not establish and implement a written respiratory protection program, when employees were required to wear filtering facepieces, while cutting siding with a hand saw. This condition exposed an employee to a respiratory hazard.   Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.   Abatement Note: The employer shall include in the program the following provisions of this section, as applicable: 1) Procedures for selecting respirators for use in the workplace; 2) Medical evaluations of employees required to use respirators; 3) Fit testing procedures for tight-fitting respirators; 4) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; 5) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; 6) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators; 7) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; 8) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and 9) Procedures for regularly evaluating the effectiveness of the program. 10) The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use.   Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

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:  (a) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not provide a medical evaluation to determine an employee's ability to use a respirator before the employee was required to use a filtering facepiece respirator , while cutting siding with a saw. This condition exposed an employee to respiratory hazards.   Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

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) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not ensure that an employee was fit tested prior to being required to wearing a filtering facepiece. This condition exposed the employee to respiratory hazards.   Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.  Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k):The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  (a) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not ensure that respiratory protection training was provided before an employees was required to wear a filtering facepiece respirator. This condition exposed employees to respiratory hazards.    Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.  Abatement Note: Employees required to use respirators must be knowledgeable of the following: 1) Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; 2) What the limitations and capabilities of the respirator are; 3) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; 4) How to inspect, put on and remove, use, and check the seals of the respirator; 5) What the procedures are for maintenance and storage of the respirator; 6) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and  7) The general requirements of this section.  Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $2,892 · Current $2,892

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) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not fully and properly implement engineering controls specified for task on Table 1 Entry iii in that the hand saw did not have a dust collection system, while cutting Exterior Fiber-Cement, and 2X Hardie Trim siding that contained silica. This condition potentially exposed an employee to airborne crystalline silica hazards.   Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $0 · Current $0

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) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not assess the 8-hour TWA exposure of each employees on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica, when an employee used a hand saw without a dust collection system to cut Exterior Fiber-Cement, and 2X Hardie Trim siding that contained silica. This condition potentially exposed an employee to airborne crystalline silica hazards.   Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $2,892 · Current $2,773 Reduced

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:  (a) VR Construction, LLC  at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not designate a competent person to make frequent and regular inspections of the job sites, materials, and equipment to ensure that subcontractors had implemented and complied with a written exposure control plan. An employee cut Exterior Fiber-Cement, and 2X Hardie Trim Siding, containing silica, with a hand saw but the employer did not develop a written exposure control plan. This condition potentially exposed subcontractor employees to airborne crystalline silica hazards.   Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $0 · Current $0

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) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not designate a competent person to make frequent and regular inspections of the job sites, materials, and equipment to ensure that employees had implemented and complied with a written exposure control plan. Employees cut Exterior Fiber-Cement, and 2X Hardie Trim Siding, containing silica, with a hand saw without a dust collection system but did not develop a written exposure control plan. This condition potentially exposed an employee to airborne crystalline silica hazards.   Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $2,892 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program including the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):  (a) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not develop, implement, and maintain at the workplace a site specific written hazard communication program. Employees were potentially exposed to hazardous chemicals, including but not limited to the following:   1) Perm-a-barrier WB Primer, containing vinyl acetate 2) Exterior Fiber-Cement, containing quartz silica 3) 2X Hardie Trim, containing quartz silica   Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.59.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $0 · Current $0

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) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the employer did not provide employees with effective information and training on hazardous chemicals in their work area.  Employees did not know the hazards of the chemicals in their work areas. This condition exposed employees to chemical hazards, including but not limited to Perm-a-barrier WB Primer, Exterior Fiber-Cement, and 2X Hardie Trim.   Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.59.  Abatement Note: Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 31, 2020

Abate by

Feb 5, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.503(b)(1): The employer did not verify compliance with paragraph (a) of this section by preparing a written (training) certification record including the name or other identity of the employee trained, the date(s) of the training, and the signature of the person who conducted the training or the signature of the employer.  (a) VR Construction, LLC at 2163 Ulster Street, Denver, CO: On and around August 14, 2020, the exposing employer did not ensure did not ensure a written fall protection training certification record was prepared, which included the identities of employees trained, dates of training, and the signature of the trainer or employer.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").