OSHA Inspection: MAL CONSTRUCTION, INC.

Issued

Mar 3, 2023

Penalty

Initial $3,349 · Current $2,500 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 tasks in Table 1,  unless the employer assessed and limited the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) On October 27, 2022, MAL Construction, Inc., did not implement engineering controls and work practices, as specified in Table 1 of 1926.1153 when an employee was cutting bricks containing silica with a handheld, gas powered saw.  No abatement certification is needed for this citation.

Issued

Mar 3, 2023

Penalty

Initial $0 · Current $0

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) On October 27, 2022, MAL Construction, Inc.,  did not assess the exposure of employee(s) who were cutting brick containing crystalline silica.   No abatement certification is needed for this citation.

Issued

Mar 3, 2023

Abate by

Apr 19, 2023

Penalty

Initial $3,349 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) On October 27, 2022, MAL Construction, Inc., did not establish and implement a written silica exposure control plan that complied with the requirements of 1926.1153(g)(1)(i) through (iv) when an employee was cutting brick containing crystalline silica with a handheld gas-powered  saw.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 3, 2023

Abate by

Apr 5, 2023

Penalty

Initial $0 · Current $0

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) On October 27, 2022, MAL Construction, Inc., did not designate a competent person to make frequent and regular inspection of the job site, materials, and equipment to implement a written exposure plan for silica at the jobsite.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 3, 2023

Abate by

Apr 5, 2023

Penalty

Initial $3,349 · Current $2,500 Reduced

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.  29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which described how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) would be met:  a) On October 27, 2022, MAL Construction, Inc., did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling and other forms of warning; 2) Safety data sheet availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.  Employee(s) were exposed to hazardous chemicals including but not limited to crystalline silica.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 3, 2023

Abate by

Apr 5, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not ensure that each employee was trained in accordance with the provisions of hazard communication standard and paragraph (i)(2) of this section:  a) On October 27, 2022, MAL Construction, Inc., did not ensure that all employees exposed to crystalline silica received training required by the hazard communication standard and 29 CFR 1926.1153(i)(2).   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 3, 2023

Abate by

Apr 5, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(i):The employer did not ensure that employees covered by this section could demonstrate knowledge and understanding of at least the requirements outlined in 29 CFR 1926(i)(2)(i)(A) through (F) where there was exposure to respirable crystalline silica:  a) On October 27, 2022, MAL Construction, Inc., did not ensure that an employee cutting brick containing silica was trained in accordance with the standard.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).