OSHA Inspection: ALL CITY MUDJACKING & MASONRY

Issued

Oct 13, 2022

Abate by

Nov 10, 2022

Penalty

Initial $2,486 · Current $2,486

General-duty citation text

29 CFR 1910.134(c)(2)(ii): In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).  On or about June 9, 2022, at the jobsite located at 2019 W Capitol Dr Appleton, WI, the employer did not establish and implement a written respiratory protection program when tight-fitting half-face elastomeric respirators were provided for voluntary use to employees raising and leveling concrete surfaces.  Appropriate provisions of 29 CFR 1910.134(c) through (m) shall be contained in a written respiratory protection program. Key elements for a voluntary respiratory use program include, but are not limited to the following:  1) Medical evaluations 2) Training on maintenance, use, and care of respirators 3) Program evaluation 4) Recordkeeping

Issued

Oct 13, 2022

Abate by

Nov 10, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1):General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  On or about June 9, 2022, the employer did not provide medical evaluations to employees to determine the employee's ability to use a respirator prior to employees voluntarily using half-face tight-fitting elastomeric respirators while drilling holes in concrete.

Issued

Oct 13, 2022

Abate by

Nov 10, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.   On or about June 9, 2022, at the jobsite located at 2019 W Capitol Dr Appleton, WI, the employer did not ensure that an employee required to wear a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator.

Issued

Oct 13, 2022

Abate by

Nov 10, 2022

Penalty

Initial $3,108 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(c)(1):Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall 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.  On or about June 9, 2022, at the jobsite located at 2019 W Capitol Dr Appleton, WI, the employer did not implement the engineering controls specified in Table 1 for handheld and stand-mounted drills (including impact and rotary hammer drills) for concrete. The Toku Pneumatic Rock Drill Model: TJ-20SBS was operated without commercially available shroud or cowling with dust collection system which exposed the drill operator employee, and the two laborer employees working outside and adjacent to the drill operator, to respirable crystalline silica dust generated by the drilling.

Issued

Oct 13, 2022

Abate by

Nov 10, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(d)(2)(i):General. The employer shall assess the exposure of each employee who is 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.  On or about June 9, 2022, at the jobsite located at 2019 W Capitol Dr Appleton, WI, the employer did not assess the exposure of each employee who was or may have reasonably been exposed to respirable crystalline silica at or above the action level.  An employee was drilling holes in a concrete driveway and sidewalk and had not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the associated tasks on Table 1.