OSHA Inspection: J H SPELL & ASSOCIATES LLC

Issued

May 24, 2022

Abate by

Jul 13, 2022

Penalty

Initial $384 · Current $384

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:  JH Spell & Associates, LLC, failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:  Citation Number                Item Number                 Abatement Date  01                                              01                                       11/29/2021 01                                              02a                                    12/13/2021 01                                              02b                                    12/13/2021 01                                              03                                       12/13/2021 01                                              04a                                     11/29/2021 01                                              04b                                     11/29/2021 01                                              05                                        11/29/2021 01                                              06                                        11/29/2021 02                                              01                                        11/29/2021  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET).

Issued

Oct 25, 2021

Abate by

Nov 29, 2021

Penalty

Initial $3,218 · Current $3,218

General-duty citation text

29 CFR  1926.300(b)(3):One or more methods of machine guarding were not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks.  a) On September 8, 2021, J H Spell & Associates, LLC did not provide a guard on a mortar mixer exposing the operator to hazards from ingoing nip points.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 25, 2021

Abate by

Dec 13, 2021

Penalty

Initial $3,218 · Current $3,218

Hazardous substances 9010

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 tasks in Table 1,  unless the employer assessed and limited the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) On September 8, 2021, J H Spell & Associates, LLC did not implement any engineering controls and work practices, as specified in Table 1 of 1926.1153 when employees were cutting bricks containing silica with a handheld, gas-powered Stihl saw.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 25, 2021

Abate by

Dec 13, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9010

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 September 8, 2021, J H Spell & Associates, LLC did not assess the exposure of employee(s) cutting brick containing crystalline silica using a handheld gas-powered Stihl saw.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 25, 2021

Abate by

Dec 13, 2021

Penalty

Initial $3,218 · Current $3,218

Hazardous substances 9010

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) On September 8, 2021, J H Spell & Associates, LLC did not establish and implement a written silica exposure control plan that complied with the requirements of 1926.1153(g)(1)(i) through (iv) when employees were cutting brick containing crystalline silica with a handheld gas-powered Stihl saw.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 25, 2021

Abate by

Nov 29, 2021

Penalty

Initial $3,218 · Current $3,218

Hazardous substances P104

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.  29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which described how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) would be met:  a) On September 8, 2021, J H Spell & Associates, LLC did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling and other forms of warning; 2) Safety data sheet availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.  Employee(s) were exposed to hazardous chemicals including but not limited to crystalline silica.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Oct 25, 2021

Abate by

Nov 29, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not ensure that each employee was trained in accordance with the provisions of hazard communication standard and paragraph (i)(2) of this section:  a) On September 8, 2021, J H Spell & Associates, LLC did not ensure that all employees exposed to crystalline silica received training required by the hazard communication standard and 29 CFR 1926.1153(i)(2).   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 25, 2021

Abate by

Nov 29, 2021

Penalty

Initial $3,218 · Current $3,218

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) On September 8, 2021, J H Spell & Associates, LLC did not designate a competent person to make frequent and regular inspection of the job site, materials, and equipment to implement a written exposure plan for silica at a jobsite located at 3253 N. Elston Ave. Chicago, IL.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 25, 2021

Abate by

Nov 29, 2021

Penalty

Initial $3,218 · Current $3,218

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) On September 8, 2021, J H Spell & Associates, LLC did not ensure that employees cutting cinder block containing silica were trained in accordance with the standard.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Oct 25, 2021

Abate by

Nov 29, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(ii):The employer did not make a copy of this section readily available without cost to each employee covered by this section:  a) On September 8, 2021, J H Spell & Associates, LLC did not make a copy of the 1926.1153 standard available to each employee on the job site located at 3253 N Elston Ave. Chicago, IL.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).