OSHA Inspection: NATIONAL BUILDING & RESTORATION CORPORATION

Issued

Dec 3, 2021

Penalty

Initial $3,901 · Current $3,901

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) Washington Street Parking Garage, on or about 6/11/21: Employees required to wear respirators while jackhammering in an enclosed area for compliance with Table 1 were not medically evaluated on the air purifying respirators.

Issued

Dec 3, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.    a) Washington Street Parking Garage, on or about 6/11/21: Employees required to wear respirators while jackhammering in an enclosed area for compliance with Table 1 were not fit-tested on GVS Elipse or N95 respirators.

Issued

Dec 3, 2021

Abate by

Jan 7, 2022

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) Washington Street Parking Garage, on or about 6/11/21: A written respirator program was not established and implemented for employees required to wear respirators while jackhammering in an enclosed area for compliance with Table 1 of the OSHA Silica Standard for Construction, 29 CFR 1926.1153.  Abatement certification must be submitted for this item.

Issued

Dec 3, 2021

Penalty

Initial $0 · Current $0

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) Washington Street garage, on or about 6/11/21: Medical Surveillance for silica was not provided for employees jackhammering concrete in the enclosed garage area for 30 or more days.

Issued

Dec 3, 2021

Abate by

Jan 7, 2022

Penalty

Initial $3,901 · Current $3,901

Hazardous substances 9000S900

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, and the employer did assess the limits and the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:   a) Washington Street garage, on or about 6/11/21: The employer did not completely and properly implement the control methods such as the continuous water streaming and dust collection in conjunction with the required respiratory protection requirements. Employees jackhammering in the enclosed garage area and required to use air purifying respirators, were not fit-tested and medically evaluated for respirator use.  No air monitoring was performed to assess the limits and exposure to silica.   Abatement documentation must be submitted for this item.

Issued

Dec 3, 2021

Abate by

Jan 7, 2022

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) Washington Street garage, on or about 6/11/21: Exposure monitoring for silica was not provided for employees reasonably expected to be  above the action level of 25 micg/m3 while jackhammering concrete in the enclosed garage area. Table 1 requirements were not followed in that the use of air purifying respirators did not comply with the respirator requirements as contained in 29 CFR 1910.134.   Abatement documentation must be submitted for this item.

Issued

Dec 3, 2021

Abate by

Jan 7, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000S900

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer did not ensure that employees covered by this section could demonstrate knowledge and understanding of at least the requirements outlined in 29 CFR 1926(i)(2)(i)(A) through (F) where there was exposure to respirable crystalline silica:    a) Washington Street garage, on or about 6/11/21: Employees exposed to silica by jackhammering concrete in the enclosed garage area, were not trained on silica. Training did not include:   -specific measures the employer has implemented to protect employees from silica. The employer did not provide effective engineering controls and did not comply with the OSHA respirator requirements as contained in 29 CFR 1910.134, The OSHA Respiratory Protection Standard,  - contents of this section 29 CFR 1926.1153,  - identifying the competent person,  - information on the purpose and description of the medical surveillance program.  Abatement documentation must be submitted for this item.

Issued

Dec 3, 2021

Abate by

Jan 7, 2022

Penalty

Initial $3,901 · Current $3,901

General-duty citation text

29 CFR  1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:    a) Washington Street garage, on or about 6/11/21: An exposure control plan for silica was not implemented for employees jackhammering  concrete in the enclosed garage. Among the required plan provisions not followed for the site include:  -Table 1 of 29 CFR 1926.1153 was not followed in that jackhammers used in an enclosed space were not ventilated ( engineering controls) and no proper respiratory protection procedure such as fit-testing and medical evaluations  were  implemented  -No procedures were developed to restrict access to areas where working with silica is done.  -No silica monitoring was performed to determine level of exposure for employees working with silica.  - No competent person was identified.     Abatement documentation must be submitted for this item.