OSHA Inspection: SUPERIOR WALLS OF UPSTATE NEW YORK, INC

Issued

Sep 30, 2021

Penalty

Initial $9,557 · Current $7,168 Reduced

General-duty citation text

29 CFR  1910.95(c)(1):The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:  a) Plant - On or about 07/30/21, employees jack hammering concrete inside the mixing drum were exposed to continuous noise level at  310% of the permissible daily noise level (8 hour time-weighed average sound level of 90 dBA) or equivalent time-weighted of approximately 118.4 dBA during the 29 minute sampling period on July 30, 2021.  Exposure calculations included 451 minutes not sampled.  The employer has not instituted a hearing conservation program.    A hearing conservation program should include descriptions of how the criteria for:  1.  Are there areas in the workplace where continuous noise levels exceed 85 decibels?; 2.  Is there an ongoing preventive health program to educate employees in safe levels of noise, exposures, effects of noise on their health and the use of personal protection?; 3.  Have engineering controls been used to reduce excessive noise levels? Where engineering controls are determined to be infeasible, are administrative control (i.e., worker rotation) being used to minimize individual employee exposure to noise?; 4.  Is approved hearing protective equipment (noise attenuating devices) available to every employee working in noisy areas?; 5.  Have you tried isolating noisy machinery from the rest of your operation? 6.  If employees use ear protectors, are employees properly fitted and instructed in their use?; AND 7.  The general requirements of this section.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:   a) Plant - On or about 07/30/21, employees jack hammering concrete inside the mixing drum were exposed to continuous noise level at  310% of the permissible daily noise level (8 hour time-weighed average sound level of 90 dBA) or equivalent time-weighted of approximately 118.4 dBA during the 29 minute sampling period on July 30, 2021.  Exposure calculations included 451 minutes not sampled.  The employer did not institute a training program and ensure employee participation in the program.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $5,461 · Current $4,096 Reduced

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) Plant - On or about and prior to July 30, 2021 and ongoing, employees wore elastomeric full face mask air-purifying respirators  while performing jack hammering concrete.  The employee was not provided with a medical evaluation to determine the employee's ability to use a respirator, prior to using the respirator.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k):   The employer did not provide comprehensive, understandable training which did not occur annually and/or more often.  a) Plant - On or about and prior to July 30, 2021, employees required and provided with 3M 6900 elastomeric respiratory with particulate P100-7903 filters while jack hammering concrete.  The employer did not provide information and training to employees who worn respirator.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $6,827 · Current $5,120 Reduced

General-duty citation text

29 CFR  1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:   a) Plant - On or about 07/30/21, and ongoing, employees jack hammering inside the concrete transport mixing drum, a permit-required space.  The employer did not evaluate the workplace to determine if any spaces were permit-required spaces.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:  a) Plant - On or about 07/30/21, and ongoing, employees jack hammering inside the concrete mixing drum which is a permit-required space.  The employer did not post danger signs or use any other equally effective means to notify employees of the existence and location of and the danger posed by the permit spaces.   ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(c)(7)(iii): The employer did not document the basis for determining that all hazards in a permit space had been eliminated, through a written certification that contained the date, the location of the space, and the signature of the person.   a) Plant - On or about 07/30/21, and ongoing, employees jack hammering inside the concrete mixing drum which is a permit-required space.  The employer did not document the basis for determining that all hazards in a permit space had been eliminated, through a written certification that contained the date, the location of the space, and the signature of the person.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $6,827 · Current $5,120 Reduced

General-duty citation text

29 CFR  1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:   a) Plant - On or about 07/30/21, and ongoing, employees jack hammering inside the concrete mixing drum which is a permit-required space.  The employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit. Note:  Appendix D to 29 CFR 1910.146 presents examples of permits whose elements are considered to comply with these requirements.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2021

Abate by

Oct 13, 2021

Penalty

Initial $6,827 · Current $5,120 Reduced

General-duty citation text

29 CFR  1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:   a) Plant - On or about 07/30/21, and ongoing, employees jack hammering inside the concrete mixing drum which is a permit-required space.  The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:  ABATEMENT CERTIFICATION REQUIRED