OSHA Inspection: SEAPORT MASONRY, INC.

Issued

Dec 5, 2022

Abate by

Jan 23, 2023

Penalty

Initial $4,558 · Current $2,735 Reduced

General-duty citation text

29 CFR  1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.  (a) At the worksite:  On or about 8/4 2022, the employer allowed employees to use a gas powered saw to cut concrete block, and did not develop and implement a written respiratory  protection program with site specific procedures and elements for required respirator use.

Issued

Dec 5, 2022

Abate by

Jan 23, 2023

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) At the worksite:  On or about 8/4 2022, employees were exposed to upper respiratory type illnesses from wearing 3M N95 filtering facepiece respirators without undergoing a medical evaluation to determine their ability to wear respiratory protection.

Issued

Dec 5, 2022

Abate by

Jan 23, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT).  (a) At the worksite:  On or about 8/4 2022, the employer did not ensure that employees required to wear an N95 filtering facepiece respirator passed a qualitative  (QLFT) or quantitative fit test (QNFT) before requiring the employee to wear the 3M, 8210 N95 mask.

Issued

Dec 5, 2022

Abate by

Jan 23, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii).  (a) At the worksite:  On or about 8/4 2022, the employer did not provide respirator training to employees to ensure they could demonstrate knowledge of section 134(k)(1)(i)-(vii) in that, employees did not recognize the importance of wearing respiratory protection while cutting concrete blocks with a potential exposure to silica dust hazards.

Issued

Dec 5, 2022

Abate by

Dec 29, 2022

Penalty

Initial $6,381 · Current $3,829 Reduced

General-duty citation text

29 CFR  1926.451(a)(6): Scaffolds were not constructed in accordance with the design by a qualified person.  (a) At the worksite:  On or about 8/4/2022, the employer allowed employees to work from a scaffold that was not constructed in accordance with the design by a qualified person in that, portions of the scaffold had unguarded areas, which exposed employees to fall hazards of approximately 13' 6".

Issued

Dec 5, 2022

Abate by

Dec 29, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.451(b)(1): Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451(b)(1)(i)-(ii).   (a) At the worksite:  On or about 8/4/2022, the employer did not ensure that each platform on the scaffold system was fully planked or decked between the uprights and the guardrail supports, exposing employees to a fall hazard of approximately 13' 6".

Issued

Dec 5, 2022

Abate by

Dec 29, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.451(f)(3): Scaffolds and scaffold components were not inspected for visible defects by a competent person before each work shift, and after any occurrence which could affect a scaffold's structural integrity.  (a) At the worksite:  On or about 8/4/2022, the employer did not ensure that the scaffold system was inspected for visible defects by a competent person in that, there were multiple instances of missing cross-bar members, scaffold decks not fully planked between the uprights, scaffold components not adequately attached or affixed, which exposed employees to fall hazards of approximately 13' 6".

Issued

Dec 5, 2022

Abate by

Jan 23, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.451(f)(7): Scaffolds were not erected, moved, dismantled, or altered, by trained and experienced employees selected by, and under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration.  (a) At the worksite:  On or about 8/4/2022, employees were exposed to fall hazards from working on a scaffold system that was not erected, moved or altered by trained experienced employees under the supervision/direction of a competent person qualified in scaffold erection.

Issued

Dec 5, 2022

Abate by

Dec 29, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.451(g)(1)(v): Each employee on a walkway located within a scaffold was not protected by a guardrail system (with a minimum 200 pound top-rail capacity) installed within 9.5 inches (24.1 cm) of and along at least one side of the walkway.  (a) At the worksite:  On or about 8/4/2022, employees working from a scaffold were not protected by a guardrail system installed within 9.5 inches of and along one side of the walkway, exposing the employees to a fall hazard of approximately 13' 6".

Issued

Dec 5, 2022

Abate by

Dec 29, 2022

Penalty

Initial $6,381 · Current $3,829 Reduced

General-duty citation text

29 CFR  1926.452(c)(2): Tubular welded frames and panels were not braced by cross, horizontal, or diagonal braces, or combination thereof, which would have secured vertical members together laterally.  (a) At the worksite:  On or about 8/4 2022, employees were exposed to fall hazards of approximately 13' 6" while performing work from the upper level of a tubular welded frame scaffold system that was not fully supported by securing vertical members together laterally with cross bracing.

Issued

Dec 5, 2022

Abate by

Jan 23, 2023

Penalty

Initial $3,646 · Current $2,188 Reduced

General-duty citation text

29 CFR  1926.454(a): The employer did not have each employee who performed work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards.  (a) At the worksite:  On or about 8/4 2022, the employer allowed employees to work from a scaffold system without adequate training by a competent person to recognize the hazards associated with scaffolds, which exposed employees to fall hazards of approximately 13' 6".

Issued

Dec 5, 2022

Abate by

Dec 29, 2022

Penalty

Initial $4,558 · Current $2,735 Reduced

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.  (a) At the worksite:  On or about 8/4 2022, the employer allowed employees to cut concrete block, which is identified in table 1, and did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, exposing the employees to the hazards of silica dust hazards.

Issued

Dec 5, 2022

Abate by

Jan 23, 2023

Penalty

Initial $0 · Current $0

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) At the worksite:  On or about 8/4 2022, the employer required the use of respirators and did not institute a respiratory protection program in accordance with the requirements of 1910.134, exposing employees to silica dust hazards.