OSHA Inspection: MARTZAN LLC.

Issued

May 2, 2022

Penalty

Initial $3,108 · Current $3,108

General-duty citation text

29 CFR  1910.134(c)(1): 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) New Construction Commercial Building (Tommy's Tavern) - 939 RT 1, Edison, NJ 08817  The employer did not establish and implement a written respiratory protection program for employees required to use filtering facepiece respirators while a dry cutting stone with a handheld circular saw. As a result, the employees were exposed to the hazard of airborne respirable crystalline silica.  Exposure occurred on and before 11/4/2021

Issued

May 2, 2022

Penalty

Initial $0 · Current $0

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) New Construction Commercial Building (Tommy's Tavern) - 939 RT 1, Edison, NJ 08817  Employees using respirators were not given a medical evaluation prior to using the respirator.  Exposure occurred on and before 11/4/2021

Issued

May 2, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:  (Construction Reference 1926.103)  A) New Construction Commercial Building (Tommy's Tavern) - 939 RT 1, Edison, NJ 08817  The employer did not provide training to employees using filtering facepiece respirators while dry-cutting stone wall tiles using handheld power saws.  Exposure occurred on and before 11/4/2021

Issued

May 2, 2022

Penalty

Initial $4,351 · Current $4,351

General-duty citation text

29 CFR  1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified in Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task in 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) New Construction Commercial Building (Tommy's Tavern) - 939 RT 1, Edison, NJ 08817  Employee(s) used a handheld power saw for cutting wall stone seams on the outer wall(s) of a newly-constructed restaurant building.  The prescribed engineering controls listed in Table 1 for these specific tasks were not implemented, exposing workers to inhalation health hazard(s) of crystalline silica.  Exposure occurred on and before 11/4/2021

Issued

May 2, 2022

Penalty

Initial $0 · Current $0

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) New Construction Commercial Building (Tommy's Tavern) - 939 RT 1, Edison, NJ 08817  Employees were exposed to respirable crystalline silica at or above the action level, where the employer did not assess the exposure levels.  Exposure occurred on and before 11/4/2021

Issued

May 2, 2022

Penalty

Initial $4,351 · Current $4,351

General-duty citation text

29 CFR  1926.1153(g)(1): Written exposure control plan. The employer shall establish and implement a written exposure control plan that contains at least the following elements:  A) New Construction Commercial Building (Tommy's Tavern) - 939 RT 1, Edison, NJ 08817  Employee(s) used hand-held power saw(s) for cutting stone wall tiles in a new commercial building. The operation was creating large amounts of visible dust that was in the breathing zone of the operator. The employer did not establish and implement a written plan for controlling employee exposure to respirable crystalline silica.  Exposure occurred on and before 11/4/2021