OSHA Inspection: JOHN KOHUT III & SON LANDSCAPING LLC

Issued

2022-02-15 00:00:00

Penalty

Initial $5801.00 · Current $2750.00 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, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:  a) Worksite located at 621 Main St, Boonton, NJ  Employees were exposed to dust containing crystalline silica which was liberated while cutting stone using a portable handheld saw. The employer failed to assess worker exposure to airborne crystalline silica to include implementing engineering controls such as integrated water supply.  Violation occurred on or about 09/27/2021.

Issued

2022-02-15 00:00:00

Penalty

Initial $5801.00 · Current $2750.00 Reduced

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) Worksite located at 621 Main St, Boonton, NJ  The employer did not assess the exposure of each employee performing stone cutting activities.  Employees using a handheld power saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 173.5 micrograms per cubic meter (�g/m3), which is 3.5 times the permissible exposure limit (PEL) of 50 ug/m3. Zero exposure was assumed for the unsampled time period of 242 minutes.  Violation occurred on or about 09/24/2021.

Issued

2022-02-15 00:00:00

Abate by

2022-04-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(1)(ii)(C):  Respiratory protection was not provided during tasks for which an employer had implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL:  a) Worksite located at 621 Main St, Boonton, NJ  The employer did not provide respiratory protection for employees performing stone cutting activities and overexposed to respirable crystalline silica.  Employees using a handheld power saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 173.5 micrograms per cubic meter (�g/m3), which is 3.5 times the permissible exposure limit (PEL) of 50 ug/m3. Zero exposure was assumed for the unsampled time period of 242 minutes.  Violation occurred on or about 09/24/2021.

Issued

2022-02-15 00:00:00

Abate by

2022-04-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(a)(2) as referenced in 29 CFR 1926.103:  A respirator was not provided by the employer to each employee when such equipment was necessary to protect the health of the employee:   a) Worksite located at 621 Main St, Boonton, NJ  An employee was not provided respiratory protection while performing stone cutting activities and overexposed to respirable crystalline silica.  Employees using a handheld power saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 173.5 micrograms per cubic meter (�g/m3), which is 3.5 times the permissible exposure limit (PEL) of 50 ug/m3. Zero exposure was assumed for the unsampled time period of 242 minutes.  Violation occurred on or about 09/24/2021.

Issued

2022-02-15 00:00:00

Penalty

Initial $5801.00 · Current $2750.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1):  The employer did not establish and implement a written exposure control plan:  a) Worksite located at 621 Main St, Boonton and Corporate Office located at 12 McCaffrey Ln, Boonton, NJ  The employer did not establish and implement a written exposure control plan for employees conducting stone cutting activities.  Employees using a handheld power saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 173.5 micrograms per cubic meter (�g/m3), which is 3.5 times the permissible exposure limit (PEL) of 50 ug/m3. Zero exposure was assumed for the unsampled time period of 242 minutes.  Violation occurred on or about 09/24/2021.

Issued

2022-02-15 00:00:00

Abate by

2022-04-29 00:00:00

Penalty

Initial $5801.00 · Current $2750.00 Reduced

Hazardous substances 9000

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) Worksite located at 621 Main St, Boonton, NJ  The employer did not train employees on the hazards of respirable crystalline silica which they were exposed to while performing stone cutting activities using a handheld saw.  Employees using a handheld power saw were exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) of 173.5 micrograms per cubic meter (�g/m3), which is 3.5 times the permissible exposure limit (PEL) of 50 ug/m3.   Zero exposure was assumed for the unsampled time period of 242 minutes.  Violation occurred on or about 09/24/2022.