OSHA Inspection: ALL CITY CONTRACTORS, LLC

Issued

Oct 17, 2022

Abate by

Nov 3, 2022

Penalty

Initial $1,865 · Current $1,865

Hazardous substances 9000

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 (Construction Reference 1926.103)(a):  a) Exterior South Facing Balconies of Apartment Tower: Employees engaged in the restoration and repair of concrete balconies are required to wear 3M-N95 filtering facepiece respirators. The employer did not develop and implement  a written respiratory protection program, on or about 4/21/2022.

Issued

Oct 17, 2022

Abate by

Dec 5, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 (Construction Reference 1926.103)(a):  a) Exterior South Facing Balconies of Apartment Tower: Employees engaged in the restoration and repair of balconies are required to wear 3M-N95 filtering facepiece respirators. The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, on or about 4/21/2022.

Issued

Oct 17, 2022

Abate by

Dec 5, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator (Construction Reference 1926.103)(a):   a) Exterior South Facing Balconies of Apartment Tower: Employees engaged in the restoration and repair of balconies are required to wear 3M-N95 filtering facepiece respirators. The employer did not conduct a fit-test prior to allowing employees to wear respiratory protection, on or about 4/21/2022.

Issued

Oct 17, 2022

Abate by

Nov 3, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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):   d) Exterior South Facing Balconies of Apartment Tower: Employees engaged in the restoration and repair of concrete balconies are required to wear 3M-N95 filtering facepiece respirators. The employer did not conduct initial respiratory protection training on the use, maintenance, and limitations of respirators prior to allowing affected employees to wear respiratory protection, on or about 4/21/2022.

Issued

Oct 17, 2022

Abate by

Nov 3, 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) Exterior South Facing Balconies of Apartment Tower: Employees engaged in drilling and grinding of concrete balconies are required to wear 3M-N95 filtering facepiece respirators. A bulk sample collected of the concrete material, show that the material contains 5% silica. The employer did not develop and implement a written respiratory protection program for affected employees who are required to wear respiratory protection, on or about 4/21/22.

Issued

Oct 17, 2022

Abate by

Nov 3, 2022

Penalty

Initial $1,865 · Current $1,865

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met (Construction Reference: 1926.59):  a) Exterior South Facing Balconies of Apartment Tower: Employees engaged in the demolition and repair of concrete balconies are required to work with hazardous chemicals and substances, including but not limited to dust containing silica.  A bulk sample collected of the concrete material show that the material contains 5% silica. The employer did not develop and implement a written hazard communication program, thus exposing employees to air contaminants, on or about 4/21/22.

Issued

Oct 17, 2022

Abate by

Nov 3, 2022

Penalty

Initial $0 · Current $0

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 the health hazards associated with exposure to respirable crystalline silica:  a) Exterior South Facing Balconies of Apartment Tower: Employees are required to work with hazardous chemicals and substances, including but not limited to dust containing silica, while conducting drilling and grinding of concrete balconies. A bulk sample collected of the concrete material show that the material contains 5% silica. The employer did not ensure that affected employees could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica, on or about 4/21/22.

Issued

Oct 17, 2022

Abate by

Oct 27, 2022

Penalty

Initial $3,108 · Current $3,108

Hazardous substances 9000

General-duty citation text

29 CFR  1926.102(a)(2): The employer shall ensure that each affected employee uses eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors (e.g. clip-on or slide-on side shields) meeting the pertinent requirements of this section are acceptable:  a) Exterior South Facing Balconies of Apartment Tower: Employees engaged in drilling and grinding of concrete balconies were exposed to flying particles and were not wearing eye and face protection. The employer did not ensure that eye and face protection was worn by affected employees to protect against flying particles, on or about 4/21/22.

Issued

Oct 17, 2022

Abate by

Nov 10, 2022

Penalty

Initial $2,486 · Current $2,486

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) Exterior South Facing Balconies of Apartment Tower: Employees engaged in the demolition and repair of concrete balconies, utilizing hand-held rotary hammer drill tools were performing drilling tasks without engineering controls, work practices and respiratory protection. A bulk sample collected of the concrete material show that the material contains 5% silica. The employer did not fully implement engineering controls, work practices, and respiratory protection specified for handheld rotary hammer drill operation tasks listed in Table 1, on or about 4/21/22.  b) Exterior South Facing Balconies of Apartment Tower: Employees engaged in the demolition and repair of concrete balconies, utilizing hand-held grinding tools were performing the grinding tasks without engineering controls, work practices and respiratory protection. A bulk sample collected of the concrete material show that the material contains 5% silica. The employer did not fully implement engineering controls, work practices, and respiratory protection specified for handheld grinding operation tasks listed in Table 1, on or about 4/21/22.

Issued

Oct 17, 2022

Abate by

Nov 10, 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) Exterior South Facing Balconies of Apartment Tower: Employees were engaged in drilling and grinding of concrete balconies, and were performing the tasks without engineering controls, work practices and respiratory protection.  A bulk sample collected of the concrete material show that the material contains 5% silica. The employer did not perform initial monitoring to assess the 8-hour TWA exposure for each employee, by collecting personal breathing zone air samples, to determine exposure to respirable crystalline silica, on or about 4/21/22.

Issued

Oct 17, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(1)(ii): Respiratory protection was not provided for tasks not listed in Table 1, or where the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:  a) Exterior South Facing Balconies of Apartment Tower: Employees were engaged in drilling and grinding of concrete balconies, and were performing the tasks without engineering controls, work practices and respiratory protection. A bulk sample collected of the concrete material show that the material contains 5% silica. The employer did not ensure the use of respiratory protection for affected employees when engineering controls and work practices were not followed as described in Table 1, on or about 4/21/22.

Issued

Oct 17, 2022

Abate by

Nov 3, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1): The employer shall establish and implement a written exposure control plan that contains at least the following elements:  a) Exterior South Facing Balconies of Apartment Tower: Employees engaged in drilling and grinding concrete balconies were performing the above tasks without engineering controls, work practices and respiratory protection. A bulk sample collected of the concrete material, show that the material contains 5% silica. The employer did not establish and implement a written exposure control plan, on or about 4/21/22.