OSHA Inspection: NEWOODS, INC.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $8,036 · Current $4,018 Reduced

General-duty citation text

29 CFR 1910.22(a)(2): The employer did not ensure that the  floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition. The employer did not ensure that when wet processes are used, drainage is be maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats are provided.   a) On or about October 3, 2022, floors in the mixing area were covered in accumulated dust containing substances including, but not limited to Portland cement dust while employees were working in the area.

Issued

Mar 31, 2023

Penalty

Initial $14,063 · Current $7,032 Reduced

General-duty citation text

29 CFR  1910.28(b)(7):  The employer did not ensure that each employee on a walking-working surface near an opening, including one with a chute attached, where the inside bottom edge of the opening is less than 39 inches (99 cm) above that walking-working surface and the outside bottom edge of the opening is 4 feet (1.2 m) or more above a lower level is protected from falling by the use of one of the systems listed in 29 CFR 1910.28(b)(7)(i)-(iv).   On or about January 5, 2023, employees using the walkway to access the block machine's aggregate hopper were not protected from falling approximately 11-feet, 10-inches through an unguarded wall opening to the ground below.

Issued

Mar 31, 2023

Abate by

Mar 21, 2025

Penalty

Initial $10,046 · Current $5,023 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:   a) On or about February 28, 2023, an employee working throughout the facility was exposed to continuous noise levels at 221% of the permissible daily noise exposure or an equivalent sound level of approximately 97.5 dBA during the 478-minute sampling period; exposure calculations included a zero increment for the two minutes unsampled.  b) On or about February 28, 2023, at the block machine, an employee was exposed to continuous noise levels at 290.2% of the permissible daily noise exposure or an equivalent sound level of approximately 97.7 dBA during the 478-minute sampling period; exposure calculations included a zero increment for the two minutes unsampled.  c) On or about February 28, 2023, at the palletizer and mixer, an employee was exposed to continuous noise levels at 178.5% of the permissible daily noise exposure or an equivalent sound level of approximately 94.1 dBA during the 480-minute sampling period.

Issued

Mar 31, 2023

Abate by

Feb 13, 2025

Penalty

Initial $14,063 · Current $7,032 Reduced

Hazardous substances 9130

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:  On or about January 5, 2023, an adequate written respiratory protection program was not provided to employees required to wear N95 filtering facepiece respirators and who were exposed to airborne dust.

Issued

Mar 31, 2023

Abate by

Feb 14, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9130

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:   On or about January 5, 2023, the employer did not select an appropriate respirator for employees working in the mixing room area.

Issued

Mar 31, 2023

Abate by

Feb 13, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 91309135

General-duty citation text

29 CFR 1910.134(d)(3)(i)(A): The employer did not select a respirator that meets or exceeds the required level of employee protection:   On or about November 3, 2022, at the facility where employees were exposed to respirable dust when using pneumatic tools to clean aggregate buildup off of the mixer blades and sides.  Employees were given N-95 dust masks, with an assigned protection factor of 10-times the permissible exposure limit to wear while carrying out the cleaning activities.  Personal air monitoring of an employee tasked with cleaning the mixer revealed that the employee had an exposure to respirable dust measured at 91 milligrams per cubic meter, exceeding the 5 milligrams per cubic meter permissible exposure limit by 17 times.  Using the N95 filtering facepiece respirator was not adequate.

Issued

Mar 31, 2023

Abate by

Feb 13, 2025

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:  On or about January 5, 2023, employees required to use N95 filtering facepiece respirators were not medically evaluated prior to use.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $0 · Current $0

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:   On or about January 5, 2023, employees required to wear N95 filtering facepiece respirators while carrying out the cleaning activities had not been fit tested prior to use.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  (a) On or about February 28, 2023, in the mixer area, an employee with a full beard was permitted to wear a N95 filtering facepiece respirator.

Issued

Mar 31, 2023

Abate by

Feb 14, 2025

Penalty

Initial $14,063 · Current $7,032 Reduced

General-duty citation text

29 CFR 1910.146(c)(1):  The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:  On or about October 12, 2022, employees entered a mixer containing hazardous materials and moving or rotating parts for cleaning purposes.  Entry procedures for the mixer had not been evaluated.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $14,063 · Current $7,032 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i):  Procedures were not developed, documented and utilized for the control of hazardous energy when employees were engaged in activities such as servicing and/ or maintenance of equipment:  a) On or about October 3, 2022, employees were performing servicing and maintenance activities such as cleaning aggregate buildup off the sides and mixing blades inside of a mixer.  Written Hazardous Energy Control (lockout/tagout) procedures were not developed, documented or utilized.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(e)(2)(i): Before lockout or tagout devices were removed and energy was restored to the machine or equipment, authorized employees did not ensure that all employees had been safely positioned or removed from the work area:  On or about October 4, 2022, employees were performing servicing and maintenance activities such as, but not limited to cleaning the mixer under the control of one lock, in which the key had been left.  The lock was removed and the equipment energized by an employee not involved in the cleaning before all employees had cleared the hazard area of the mixer.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(e)(3): Each lockout or tagout device was not removed from each energy isolating device by the employee who applied the device:   On or about October 3, 2022, employees were performing servicing and maintenance activities such as, but not limited to cleaning the mixer under the control of one lock, in which the key had been left.  The lock was removed by another employee not involved in the cleaning operation who energized the mixer.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(f)(3)(ii)(D): Each authorized employee did not affix a personal lockout or tagout device to the group lockout device before working on the machine or equipment:    a) On or about October 3, 2022, two employees were performing servicing and maintenance activities such as, but not limited to cleaning the mixer under the control of one lock.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $14,063 · Current $7,032 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i)(A): Authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation:   On or about October 3, 2022, employees performing servicing and maintenance activities such as, but not limited to cleaning the mixer were provided locks to perform lockout but were not provided adequate training to ensure proper energy isolation.

Issued

Mar 31, 2023

Abate by

Feb 14, 2025

Penalty

Initial $14,063 · Current $7,032 Reduced

Hazardous substances 9130

General-duty citation text

29 CFR  1910.1000(c): An employee(s) was exposed to an airborne concentration of the respirable fraction of inert or Nuisance Dust in excess of the 8-hour time weighted average limits of 5 mg/m3 listed in Table Z-3:   On or about November 3, 2022, an employee cleaning aggregate buildup from mixer blades and sides was exposed to respirable dust levels of 83.22 mg/m3 for an 8-hour day, which is approximately 17 times the permissible exposure limit of 5 mg/m3.  Sampling was conducted for a period of 439 minutes, with zero exposure assumed for the remaining 41 minutes.

Issued

Mar 31, 2023

Abate by

Apr 15, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9130

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):   On or about November 3, 2022, effective engineering control measures were not implemented where an employee cleaning aggregate buildup from mixer blades and sides was exposed to respirable dust levels of 83.22 mg/m3 for an 8-hour day, which is approximately 17 times the permissible exposure limit of 5 mg/m3.  Sampling was conducted for a period of 439 minutes, with zero exposure assumed for the remaining 41 minutes.

Issued

Mar 31, 2023

Abate by

Feb 25, 2025

Penalty

Initial $14,063 · Current $7,032 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(d)(1): 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) or the scheduled monitoring option in paragraph (d)(3) of this section:   a) On or about February 28, 2023, an employee using a pneumatic tool to clean aggregate buildup from the mixer blades and sides was exposed to respirable crystalline silica dust levels of 21.1 ug/m3 for an 8-hour day, which is approximately 84% of the action level exposure of 25 ug/m3.   Sampling was conducted for a period of 440 minutes.  Zero exposure was assumed for the remaining 40 minutes.

Issued

Mar 31, 2023

Abate by

Feb 28, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:   a) On or about February 28, 2023, at the facility, employees clean the aggregate buildup, containing sand, from the blades and sides of the mixer.   Employees are exposed the respirable crystalline dust generated by the cleaning process.  One employee, using a pneumatic tool to clean aggregate buildup from the mixer blades and sides was exposed to respirable crystalline silica dust levels of 21.1 ug/m3 for an 8-hour day, which is approximately 84% of the action level exposure of 25 ug/m3.   Sampling was conducted for a period of 440 minutes.  Zero exposure was assumed for the remaining 40 minutes.

Issued

Mar 31, 2023

Abate by

Feb 28, 2028

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(3)(i): The employer did ensure that each employee covered by this section could demonstrate knowledge and understanding of  the health hazards associated with exposure to respirable crystalline silica; specific tasks in the workplace that could result in exposure to respirable crystalline silica; specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica; the contents of this section; and the purpose and a description of the medical surveillance program required by paragraph (i) of this section:   a)On or about November 3, 2022 and February 28, 2023, at the facility in the mixing area, employees were using pneumatic tools to clean aggregate buildup from the mixer blades and walls.  This task exposed the employees to the hazard of breathing respirable silica dust.  Monitoring conducted on  February 28, 2023, revealed employee exposure to respirable crystalline silica dust at 21.1 ug/m3 for an 8-hour day.   Sampling was conducted for a period of 440 minutes.  Zero exposure was assumed for the remaining 40 minutes.

Issued

Mar 31, 2023

Abate by

Feb 14, 2025

Penalty

Initial $14,063 · Current $7,032 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):    On or about November 3, 2022, employees in the cement mixing area use a variety of hazardous chemical products including, but not limited to oxygen, acetylene, propane, Portland cement, sand and greases.  A written hazard communication program had not been developed to promote the safe handling, storage and use of the hazardous chemical products.

Issued

Mar 31, 2023

Abate by

Feb 6, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1):  Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use:   On or about November 3, 2022, employees used hazardous chemical products including, but not limited to oxygen, acetylene, propane, Portland cement, sand and greases.  Safety data sheets were not available.

Issued

Mar 31, 2023

Abate by

Feb 14, 2025

Penalty

Initial $0 · Current $0

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:   On or about November 3, 2022, employees used hazardous chemicals including, but not limited to oxygen, acetylene, propane, Portland cement, sand and greases and were not provided with training and information of the specific hazards of the chemicals and their proper use storage, and handling.