OSHA Inspection: BUFFALO CONCRETE, LLP

Issued

Dec 20, 2021

Abate by

Jan 18, 2022

Penalty

Initial $2,574 · Current $1,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c): The employer did not implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:  (a) On or about August 6, 2021, and at times prior to, at 1720 North 12th Street in Bismarck, North Dakota, for the employee who was required to where a Moldex N-95 disposable respirator while engaged in concrete cutting operations, the employer did not implement a site specific, written respiratory protection program.  Abatement Note:    A minimally acceptable respiratory protection program shall include all of the following requirements: 1.  Written standard operating procedures governing the selection and use of respirators shall be established. 2.  Only approved respirators shall be used.  Respirators shall be selected on the basis of hazards to which the worker is exposed. 3.  Respirators must be provided free-of-charge where respirators are needed to protect the health of the employees. 4.  Employers must provide (free-of-charge) a medical evaluation to determine each employee's fitness to wear a respirator before initial use. 5.  Before initial respirator use, fit testing is required for all employees using negative or positive pressure tight-fitting respirators where such respirators are required by OSHA or where the employer requires the use of such a respirator. 6.  The user shall be instructed and trained in the proper use of respirators and their limitations. 7.  Surveillance of work area conditions and degree of employee exposure or stress shall be conducted. 8.  Employer must ensure the use of respirators where respirators are needed to protect the health of the employees. 9.  Respirators shall be regularly cleaned and disinfected to keep them in a sanitary condition. 10.  Respirators shall be stored in a clean and sanitary location to prevent damage and contamination. 11.  Respirators shall be inspected during cleaning and repaired when necessary. 12.  There shall be regular inspection and evaluation to determine the continued effectiveness of the program. 13.  Compressed breathing air must meet at least the requirements for Grade D breathing air. 14.  The employer must establish and retain medical evaluations and fit-testing records.

Issued

Dec 20, 2021

Abate by

Jan 18, 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) On or about August 6, 2021, and at times prior to, at 1720 North 12th Street in Bismarck, North Dakota, for the employee who was required to where a Moldex N-95 disposable respirator for silica protection, the employer did not implement a written respiratory protection program.

Issued

Dec 20, 2021

Abate by

Dec 27, 2021

Penalty

Initial $4,291 · Current $2,500 Reduced

General-duty citation text

29 CFR 1926.300(b)(1): Power operated tool(s), designed to accommodate guards, were not equipped with such guards when in use:  (a) On or about August 10, 2021, and at times prior to, at 1720 North 12th Street in Bismarck, North Dakota, for the employee exposed to amputation hazards where a Husqvarna Soff-Cut 150, walk behind concrete saw, serial number 2019 0200141 had the cutting blade guard removed.

Issued

Dec 20, 2021

Abate by

Jan 18, 2022

Penalty

Initial $4,291 · Current $2,500 Reduced

Hazardous substances 9000

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, or assess and limit the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:   (a) On or about August 10, 2021, and at times prior to, at 1720 North 12th Street in Bismarck, North Dakota, for the employee exposed to potential respiratory hazards while cutting concrete that had been curing approximately 16 hours with a Husqvarna soff-cut 150 saw where a dust cloud was created.

Issued

Dec 20, 2021

Abate by

Jan 18, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) On or about August 10, 2021, and at times prior to, at 1720 North 12th Street in Bismarck, North Dakota, for the employee exposed to potential respiratory hazards while cutting concrete for 20 minutes using a Husqvarna soff-cut 150 saw where a dust cloud was created.

Issued

Dec 20, 2021

Abate by

Jan 18, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  (a) On or about August 10, 2021, and at times prior to, at 1720 North 12th Street in Bismarck, North Dakota, for the employee exposed to potential respiratory hazards while cutting concrete where a dust cloud was created where a jobsite specific exposure control plan was not available and with no protective actions from silica were being taken.

Issued

Dec 20, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

1926.1153(g)(3): The employer did not make the written exposure control plan readily available for examination and copying, upon request, to the Assistant Secretary and the Director:  (a) On or about August 31, 2021, following a silica inspection of the jobsite at 1720 North 12th Street in Bismarck, North Dakota, the employer failed to make readily available to the Bismarck Area Office the written exposure control plan in that it the plan was received 84 days after being requested.

Issued

Dec 20, 2021

Abate by

Jan 18, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

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) On or about August 10, 2021, and at times prior to, at 1720 North 12th Street in Bismarck, North Dakota, for the employee exposed to potential respiratory hazards while cutting concrete where a dust cloud was created with no protective actions from silica were being taken and no site specific written exposure control plan was in place for the jobsite.