OSHA Inspection: A. DEBENEDETTO CONSTRUCTION LLC

Issued

Feb 22, 2021

Penalty

Initial $2,926 · Current $989 Reduced

General-duty citation text

29 CFR  1926.451(e)(1):  When scaffold platforms were more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from other scaffold, structure, personnel hoist, or similar surface was not used:  a) Worksite, 192 Claremont Ave., Montclair, NJ  The employer did not provide safe access to an employee performing masonry waterproofing, who climbed a supported frame scaffold frames, to access the work platform approximately 35 feet from grade.  There were no ladders or stairways installed on this scaffold, and the masonry scaffold frames did not have built in ladders designed for climbing.   Violation occurred on or about 10/28/2020

Issued

Feb 22, 2021

Penalty

Initial $2,926 · Current $1,700 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(1):  The employer did not ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA:  a) Worksite, 192 Claremont Ave., Montclair, NJ   Employees were exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA.  On 11/19/2020, employees were exposed to crystalline respirable silica at an 8-hour time-weighted average (TWA) of 119.0 micrograms per cubic meter (ug/m3) and 61.5 ug/m3, which are 2.38  and 1.23 times the permissible exposure limit (PEL) of 50 ug/m3.  Zero exposure was assumed for the unsampled period of 283 minutes for both employees.  Condition occurred on or about 11/19/2020

Issued

Feb 22, 2021

Abate by

May 7, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 1926.1153(g)(1)(i) to 1926.1153(g)(1)(iv):    a) Worksite, 192 Claremont Ave., Montclair, NJ   The employer did not  establish and  implement a written exposure control plan for employees who perform saw cutting of mortar and application of mortar repair cement as part of  brick masonry waterproofing  which contains a description of  the tasks in the workplace that exposes employees to  respirable crystalline silica, engineering controls, work practices, respiratory protection, housekeeping measures  used to limit exposures, and how work areas are restricted to minimize the number of employees exposed to respirable crystalline silica.  Violation occurred on or about 10/28/2020

Issued

Feb 22, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Worksite, 192 Claremont Ave., Montclair, NJ  The employer did not designate a competent person to implement a crystalline silica exposure control plan for employees exposed to silica while  performing saw cutting of mortar and application of mortar repair cement with Athenia Masonry Cement Type S,  as part of  brick masonry waterproofing.    Violation occurred on or about 10/28/2020

Issued

Feb 22, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(2):  Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134.   a) Worksite, 192 Claremont Ave., Montclair, NJ  The employer did not institute a  respiratory protection program for employees required to use a half mask elastomeric negative pressure respirator during masonry saw cutting of mortar on a brick facia waterproofing project, to protect the employees from airborne crystalline silica.  Condition occurred on or about 11/19/2020

Issued

Feb 22, 2021

Abate by

May 7, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Worksite, 192 Claremont Ave., Montclair, NJ  The employer did not establish and implement a written respiratory protection program for employees required to use half mask elastomeric negative pressure respirators  for protection against airborne crystalline silica during saw cutting of brick mortar.      Violation occurred on or about 11/19/2020

Issued

Feb 22, 2021

Abate by

May 7, 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) Worksite, 192 Claremont Ave., Montclair, NJ  The employer required employees  to  use half mask elastomeric negative pressure respirators  for protection against airborne crystalline silica during saw cutting of brick mortar.  However, the employer failed to provide medical evaluations for such workers to ensure that they were physically capable of wearing a negative pressure respirator.   Violation occurred on or about 11/19/2020

Issued

Feb 22, 2021

Abate by

May 7, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a) Worksite, 192 Claremont Ave., Montclair, NJ  The employer required employees  to  use half mask elastomeric negative pressure respirators  for protection against airborne crystalline silica during saw cutting of brick mortar.  However, the employer failed to provide fit tests for such workers.     Violation occurred on or about 11/19/2020

Issued

Feb 22, 2021

Abate by

May 7, 2021

Penalty

Initial $2,926 · Current $1,700 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not ensure that each employee has access to labels on containers of crystalline silica and safety data sheets :  a) Worksite, 192 Claremont Ave., Montclair, NJ  The employer did not maintain a safety data sheet in the workplace for concrete products including but not limited to Athenia Type S Masonry Cement for employees who perform saw cutting of mortar that produced airborne crystalline silica, and application of mortar repair cement, as part of brick masonry waterproofing, to access.  Violation occurred on or about 10/28/2020

Issued

Feb 22, 2021

Abate by

May 7, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

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) Worksite, 192 Claremont Ave., Montclair, NJ  The employer failed to implement a written hazard communication program for employees performing masonry saw cutting that produced airborne crystalline silica, and new mortar repair of the  brick facia waterproofing project using  Athenia Type S Masonry Cement.    Violation occurred on or about 10/28/2020

Issued

Feb 22, 2021

Abate by

May 7, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(g)(1):  Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use   a) Worksite, 192 Claremont Ave., Montclair, NJ  The employer failed to maintain safety data sheets for chemicals used on the worksite including, but not limited to,  Athenia Type S Masonry Cement, for employees performing masonry saw cutting and new mortar repair of a brick facia.    Violation occurred on or about 10/28/2020