OSHA Inspection: COLORADO ASPHALT WORKS, INC.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $5,461 · Current $3,277 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) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer did not develop, implement, and maintain at the workplace a  written hazard communication program. Employees were exposed to hazardous chemicals, including but not limited to the following:   1) Silica-containing asphalt dust  2) Gasoline 3) Performance Grade Asphalt Oil   Note: The requirements applicable to construction work under this section are identical to those set forth in 29 CFR 1926.59.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $0 · Current $0

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) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer did not have the required safety data sheets for each hazardous chemical which they use. Employees were exposed to hazardous chemicals, including but not limited to Gasoline and Performance Grade Asphalt Oil.   Note: The requirements applicable to construction work under this section are identical to those set forth in 29 CFR 1926.59.

Issued

Jul 9, 2021

Abate by

Aug 13, 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) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the employer did not provide employees with effective information and training on hazardous chemicals in their work area. Employees were not provided training regarding the hazards of the chemicals in their work areas. This condition exposed employees to chemical hazards, including but not limited to gasoline and Performance Graded Asphalt Oil.  Note: The requirements applicable to construction work under this section are identical to those set forth in 29 CFR 1926.59.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(i)(A):The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica:  (a) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the employer  did not ensure that employees could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica in that such training was not provided to the employees. This condition exposed employees to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(i)(B):The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of specific tasks in the workplace that could result in exposure to respirable crystalline silica:   (a) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer did not ensure that employees could demonstrate knowledge and understanding of specific tasks in the workplace that could result in exposure to respirable crystalline silica. The employer did not inform the employees that using walk-behind saws and a jackhammer attachment on a skid steer to cut and disturb asphalt  could result in exposure to respirable crystalline silica. This condition exposed the employees to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(i)(C):The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used:  (a) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica. Employees used walk-behind saws without water delivery systems and a jackhammer attachment on a skid steer without a water delivery system , dust collection system, or enclosed cab to break up and cut asphalt that contained silica. The employer provided no training  to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used. This condition exposed the employees to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $6,827 · Current $4,096 Reduced

General-duty citation text

29 CFR  1926.1153(c)(1): The employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1:  (a) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer did not fully and properly implement engineering controls specified for task on Table 1, entry (iv) and (xvii); employees used walk-behind saws without water delivery systems and a jackhammer attachment on a skid steer without a water delivery system , dust collection system, or enclosed cab to break up and cut asphalt that contained silica. This condition exposed employees to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 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) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer did not assess the 8-hour time-weighted average 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 employees used walk-behind saws without water delivery systems and a jackhammer attachment on a skid steer without a water delivery system , dust collection system, or enclosed cab to break up and cut asphalt that contained silica. This condition exposed the employees to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(f)(2): The employer did not prevent employees from using compressed air to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless:  (a) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer allowed employees to remove asphalt dust on the site with an air blower. This condition exposed employees to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  (a) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, the exposing employer did not implement a written exposure control plan. Employees used jackhammers and walk-behind saws to cut asphalt that contained silica. This condition potentially exposed employees to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 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) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021, 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 broke and cut into asphalt using jackhammers and walk-behind saws without water delivery or dust collection systems, but the employer did not designate a competent person to implement a written exposure control plan. This condition potentially exposed an employee to airborne crystalline silica hazards.

Issued

Jul 9, 2021

Abate by

Aug 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:  (a) Colorado Asphalt Works, Inc. at 4980 E Bromley Ln, Brighton, CO: On and around April 29, 2021,  the exposing employer did not ensure that any employee using a respirator voluntarily was provided with the information contained in Appendix D to this section when the employer determined that any voluntary respirator use was permissible. The employer provided N95 filtering facepiece respirators for voluntary use. This condition exposed the employees to a respiratory hazard.  Note: The requirements applicable to construction work under this section are identical to those in 29 CFR 1926.103.