OSHA Inspection: PHOENIX MASONRY, INC.

Issued

Jul 18, 2022

Penalty

Initial $4,558 · Current $4,558

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) Phoenix Masonry, Inc. located at 2215 N Halsted Street, Chicago, IL 60614:  On March 9, 2022, the employer did not fully and properly implement engineering controls and work practices, as specified in Table 1 when using a handheld gas powered saw, STIHL Model TS 420 , to cut concrete blocks containing 4% of crystalline silica (Quartz) and bricks containing 20% of crystalline silica (Quartz) without using a saw equipped with a commercially available integrated water delivery system that continuously feeds water to the blade.  No abatement certification is required for this item.

Issued

Jul 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) Phoenix Masonry, Inc. located at 2215 N Halsted Street, Chicago, IL 60614:  On March 9, 2022, the employer did not assess the employee's exposure to respirable crystalline silica when operating a handheld gas powered saw, STIHL Model TS 420 Cutquik, to cut concrete blocks containing 4% of crystalline silica (Quartz) and bricks containing 20% of crystalline silica (Quartz).  No abatement certification is required for this item.

Issued

Jul 18, 2022

Abate by

Aug 4, 2022

Penalty

Initial $4,558 · Current $4,558

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) Phoenix Masonry, Inc. located at 2215 N Halsted Street, Chicago, IL 60614:  On March 9, 2021, the employer did not establish and implement a site specific written exposure control plan that outlined at least the following elements: descriptions of the tasks that can expose employees to silica, descriptions of the work practices, respiratory protection, engineering controls, description of housekeeping measures, and if necessary, procedures to limit access to areas to reduce employee exposure to crystalline silica. Employee(s) were exposed to dust containing up to 20% crystalline silica (Quartz) when dry cutting  concrete blocks and bricks with a handheld gas powered saw (STIHL Model TS 420).  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEE T), 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

Jul 18, 2022

Abate by

Aug 4, 2022

Penalty

Initial $4,558 · Current $4,558

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not ensure that each employee is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section:  a) Phoenix Masonry, Inc. located at 2215 N Halsted Street, Chicago, IL 60614:  On or about March 9, 2022, the employer did not ensure that each employee was trained on the following: health hazards, specific tasks where exposure could occur, protective measures including respiratory protection, work practices, and engineering controls, the identity of the competent person, and the purpose of the medical surveillance program. Employee(s) were exposed to dust containing up to 20% of crystalline silica (Quartz) when dry-cutting masonry blocks with gas powered saw, STIHL Model TS 420.   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

Jul 18, 2022

Abate by

Aug 11, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) Phoenix Masonry, Inc. located at 2215 N Halsted Street, Chicago, IL 60614:  On or about March 9, 2022, the employer 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 respirable crystalline silica (up to 20% in masonry blocks) during the dry cutting of the concrete blocks and bricks.   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.