OSHA Inspection: GRACI PAVING ASSOCIATES, INC

Issued

Jun 17, 2021

Abate by

Jul 14, 2021

Penalty

Initial $3,121 · Current $2,000 Reduced

General-duty citation text

1910.134(c )(1): A written respiratory protection program that included the provisions in 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  a) At the worksite, 1967 Salisbury Park Dr., Westbury, NY; employees with the job title of laborer, provided with and required to wear 3M filtering facepice respirator were not provided with a respiratory protection program. The employer did not develop or implement a written respiratory program including training, medical evaluation, fit testing, facepiece seal protection, procedures for cleaning and storing and disinfecting of respirators, on or about 1/19/21.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.  ABATEMENT NOTE:       The written Respiratory Program must include the descriptions of how the      following program elements, required by this regulation will be developed,      implemented and conveyed to the employer's employees who use respirators:       (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 the proper use of respirators in routine and reasonably      foreseeable emergency situations.       (v)   Procedures and schedules for cleaning, disinfecting, storing, inspecting      repairing, discarding, and maintaining respirators.       (vi)  Procedures to ensure adequate air quality, quantity, 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 put      and removing them, any limitations on their use, and their maintenance; and       (ix)  Procedures for regularly evaluating the effectiveness of the program.

Issued

Jun 17, 2021

Abate by

Jul 14, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; this evaluation did not include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form.   a) At the worksite, 1967 Salisbury Park Dr., Westbury, NY; Employees were dry cutting concrete using a hand held saw. The employer did not identify and evaluate the respiratory hazards  to which the employees were exposed to; on or about 1/19/21.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2021

Abate by

Jul 14, 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)   At the worksite, 1967 Salisbury Park Dr., Westbury, NY ;   Employees were required to wear 3M filtering facepiece respirator without being provided with medical evaluation prior to the employee's use of the respirator in the workplace, on or about 1/19/21.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2021

Abate by

Jul 14, 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)   At the worksite, 1967 Salisbury Park Dr., Westbury, NY ;  Employees were required to wear 3M filtering facepiece respirator without being fit tested prior to the initial use of the respirator, on or about 1/19/21.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2021

Abate by

Jul 14, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(3):  Training was not provided prior to requiring employees to use a respirator in the workplace:   a)   At the worksite, 1967 Salisbury Park Dr., Westbury, NY ;  employees required to wear  3M  filtering facepiece respirator and were not provided with respiratory protection training prior to being required to wear a respirator at the workplace; on or about 1/19/21.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2021

Abate by

Jul 14, 2021

Penalty

Initial $3,121 · Current $2,000 Reduced

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)   At the worksite ; 1967 Salisbury Park Dr., Westbury, NY ;  employees performing dry cutting concrete using a hand held saw to renovate the driveway were not provided with the  engineering controls, work practices, and respiratory protection specified for the task to control inhalation of dust; on or about 1/19/21.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 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 is 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)   At the worksite, 1967 Salisbury Park Dr., Westbury, NY ;  employees performing driveway renovation using a hand held saw  dry cutting concrete to renovate the driveway were not provided with exposure monitoring; on or about 1/19/21.   Note:   Because abatement of this violation is already documented in the case file, the employer need not submit certification or documentation of abatement for this violation as normally required by CFR 1903.19

Issued

Jun 17, 2021

Abate by

Jul 14, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer did not ensure that each employee covered by this section can demonstrate knowledge and understanding:   a)   At the worksite, 1967 Salisbury Park Dr., Westbury, NY ;  employees performing driveway renovation, dry cutting concrete  using a hand held saw were not provided with information and training on inhalation of respirable silica; on or about 1/19/21.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.