OSHA Inspection: BRILEY MASONRY, LLC

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $4351.00 · Current $4351.00

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 1926.1153)(e):  a) 300 Lemoine Ave., Fort Lee, NJ (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to wear N95 filtering facepiece respirators. The employer did not develop and implement a written respiratory protection program, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2023-01-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 1926.1153)(e):  a) 300 Lemoine Ave., Fort Lee, NJ (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to wear N95 filtering facepiece respirators and were not medically evaluated. The employer did not provide a medical evaluation to determine employees' ability to wear respiratory protection, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2023-01-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 1926.1153)(e):  a) 300 Lemoine Ave., Fort Lee, NJ (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to wear N95 filtering facepiece respirators and were not fit tested prior to use. The employer did not provide fit testing to affected employees prior to allowing the use of respiratory protection, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 1926.1153)(e):  a) 300 Lemoine Ave., Fort Lee, NJ (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to wear N95 filtering facepiece respirators. The employer did not provide training to affected employees on the use, maintenance and limitations of using respiratory protection, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) 300 Lemoine Ave., Fort Lee, NJ (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to wear N95 filtering facepiece respirators. The employer did not develop and implement a written respiratory protection program, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $4351.00 · Current $4351.00

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):  a) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to work with hazardous chemicals and substances, including but not limited to, Quikrete Mason Mix Type S Mortar and dust containing respirable crystalline silica. The employer did not develop and implement a written hazard communication program, thus exposing employees to chemical hazards, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical:  a) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): The employer did not maintain safety data sheets for hazardous chemicals and substances, including, but not limited to, Quikrete Mason Mix Type S Mortar, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area (Construction Reference: 1926.59):  a) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to work with hazardous chemicals and substances, including but not limited to, Quikrete Mason Mix Type S Mortar and dust containing respirable crystalline silica. The employer did not provide information and training to affected employees on hazardous chemicals and substances prior to initial assignment of grinding operations, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations were required to work with hazardous chemicals and substances, including but not limited to, Quikrete Mason Mix Type S Mortar. The employer did not ensure that employees could demonstrate knowledge and understanding of health hazards associated with exposure to respirable crystalline silica, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $4351.00 · Current $4351.00

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) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding of a retaining concrete brick wall, utilized handheld angle grinding tools, were not fully and properly implement engineering controls, work practices, and respiratory protection specified for tasks listed in Table 1, to minimize exposure to respirable crystalline silica. An employee was exposed to concentrations of respirable crystalline silica in excess of two times the Permissible Exposure Limit. The employer did not fully and properly implement engineering controls, work practices, and respiratory protection, specified in Table 1 for handheld grinders, for mortar removal work tasks, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(1): The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 g/m3, calculated as an 8-hour TWA:  a) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): An employee was engaged in grinding operations of a retaining concrete brick wall, and was exposed to an airborne concentration of respirable crystalline silica in excess of OSHA's Permissible Exposure Limits of 50 microns. The employees' exposure was two times the Permissible Exposure Limits.  The employee was exposed to a concentration of 110 micrograms per cubic meter of air, which is two times the Permissible Exposure Limit of 50 micrograms per cubic meter of air.  Zero exposure was assumed for 343 minutes of unsampled time. The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(2)(iii)(A): The employer did not perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area:   a) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding of a retaining concrete brick wall, and were exposed to concentrations of respirable crystalline silica in excess of two times the Permissible Exposure Limits. The employer did not perform initial monitoring to assess the 8-hour TWA exposure to respirable crystalline silica, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Penalty

Initial $3108.00 · Current $3108.00

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) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding operations of a retaining concrete brick wall, utilizing hand-held angle grinding tools, were not monitored to determine their exposure to inhalable concentrations of respirable crystalline 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 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $3108.00 · Current $3108.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(1): Where respiratory protection was required by this section, the employer did not provide each employee an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134:  a) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding of a retaining concrete brick wall, and were not wearing appropriate respiratory protection. Employees were required to wear 3M N95 filtering facepiece respirators that did not meet the required assigned protection factor of 25. The employer did not ensure that employees engaged in grinding operations were wearing appropriate respiratory protection, thus exposing employees to air contaminants, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $1865.00 · Current $1865.00

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) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding of a retaining concrete brick wall, were exposed to concentrations of respirable crystalline silica that exceeded OSHA's Permissible Exposure Limits. The employer did not establish and implement a written exposure control program, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-15 00:00:00

Penalty

Initial $2486.00 · Current $2486.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(4): The employer did not designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan:  a) 300 Lemoine Ave. (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding of a retaining brick wall, were not fully and properly implement engineering controls, work practices, and respiratory protection to minimize exposure to respirable crystalline silica. Employees were exposed to inhalable concentrations of respirable crystalline silica in excess of two times the Permissible Exposure Limits. The employer did not designate a competent person to make frequent and regular inspections of the job sites, materials, and equipment to implement the written exposure control plan, on or about 8/3/22.

Issued

2022-11-28 00:00:00

Abate by

2022-12-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(2)(ii): The employer did not make a copy of this section, 1926.1153(i)(2) employee information and training, readily available without cost to each employee covered by this section:  a) 300 Lemoine Ave (Exterior Sidewalk/Retaining Wall): Employees were engaged in grinding of a retaining concrete brick wall, were not provided with a copy of employee information and training. The employer did not provide employees with a copy of section, 1926.1153(i)(2), employee information and training, on or about 8/3/22.