OSHA Inspection: APACHE GENERAL CONSTRUCTION LLC

Issued

Dec 23, 2021

Abate by

Jan 4, 2022

Penalty

Initial $329 · Current $329

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:  a) Facility  The employer did not provide abatement certification for inspection number 1542166, Citation 1 Item 1a 29 CFR 1910.134(c)(1), Citation 1 Item 1b 29 CFR 1910.134(e)(1), Citation 1 Item 1c 29 CFR 1910.134(f)(2), Citation 1 Item 1d 29 CFR 1910.134(k)(3), Citation 1 Item 6a 29 CFR 1926.1153(g)(1) and Citation 1 Item 7 29 CFR 1926.1153(i)(2)(i) which was issued on 09/24/2021.  Citation was received by the employer on 09/27/2021 and became a final order on 10/20/2021.  Violation occurred on or about November 18, 2021.

Issued

Sep 24, 2021

Abate by

Nov 8, 2021

Penalty

Initial $2,926 · Current $2,926

General-duty citation text

29 CFR  1910.134(c)(1) as referenced in 29 CFR 1926.103:  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) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not establish and implement a written respiratory protection program for employees required to wear half mask, negative pressure respirators while performing tuck pointing activities and exposed to respirable crystalline silica.  Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Abate by

Nov 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1) as referenced in 29 CFR 1926.103: 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) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not provide medical evaluations for employees required to wear a half mask respirator while exposed to crystalline silica during tuck pointing activities.  Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Abate by

Nov 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2) as referenced in 29 CFR 1926.103: Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at lease annually thereafter:   a) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not provide fit tests for employees required to use half mask respirators while conducting tuck pointing activities and exposed to respirable crystalline silica.  Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Abate by

Nov 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(3) as referenced in 29 CFR 1926.103: Training was not provided prior to requiring employees to use a respirator in the workplace:    a) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not provide training for employees required to use half mask respirators when conducting tuck pointing activities and exposed to respirable crystalline silica.  Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Penalty

Initial $1,755 · Current $1,755

General-duty citation text

29 CFR  1926.451(b)(1):  Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451(b)(1)(i)-(ii):  a) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  An employee was exposed to fall hazards of approximately 4 ft. while performing tuck pointing activities from a scaffold that was not fully planked.    Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Penalty

Initial $2,926 · Current $2,926

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) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  Employees were exposed to dust containing crystalline silica which was liberated when tuck pointing brick mortar on the outside of the building.  The employer failed to assess worker exposure to airborne crystalline silica to include implementing engineering controls (shroud and dust collection system) and respiratory protection during tuck pointing activities.  Violation occurred on or about07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Penalty

Initial $2,926 · Current $2,926

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) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not assess employee exposure to crystalline silica liberated while performing tuck pointing operations.  Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Penalty

Initial $2,926 · Current $2,926

General-duty citation text

29 CFR  1926.1153(f)(2)(i):  The employer allowed compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica without being used in conjunction with a ventilation system that captures the dust cloud:  a) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer allowed employees to use a leaf blower to remove dust containing respirable crystalline silica from their clothing and personal protective equipment after performing tuck pointing activities.  Violation occurred on or about 07/12/2021.

Issued

Sep 24, 2021

Abate by

Nov 8, 2021

Penalty

Initial $2,926 · Current $2,926

General-duty citation text

29 CFR  1926.1153(g)(1):  The employer did not establish and implement a written exposure control plan:  a) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not establish and implement a written exposure control plan for workers exposed to crystalline silica while conducting tuck pointing activities on brick mortar.  Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 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) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not designate a competent person to implement a written exposure control plan for workers exposed to crystalline silica while performing tuck pointing activities.  Violation occurred on or about 07/10/2021 and 07/12/2021.

Issued

Sep 24, 2021

Abate by

Nov 8, 2021

Penalty

Initial $2,926 · Current $2,926

General-duty citation text

29 CFR  1926.1153(i)(2)(i):  The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of at least the information contained in paragraphs (i)(2)(i)(A)-(i)(2)(i)(F) of this standard:  a) Apache General Construction LLC worksite located at Henry Court, Mount Arlington, NJ  The employer did not train employees on the hazards of respirable crystalline silica which they were exposed to while performing tuck pointing activities on brick mortar.  Violation occurred on or about 07/10/2021 and 07/12/2021.