OSHA Inspection: EDWARD JANUSZ DBA EJ GENERAL CONSTRUCTION INC.

Issued

Jun 1, 2023

Abate by

Jun 28, 2023

Penalty

Initial $376 · Current $376

General-duty citation text

29 CFR  1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated.  a) Edward Janusz dba EJ General Construction Inc. failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:   Citation Number, Item Number, Abatement Date  Citation 1, Item 1a, 1910.134(c)(1) Citation 1, Item 1b, 1910.134(e)(1) Citation 1, Item 1c, 1910.134(f)(2) Citation 1, Item 1d, 1910.134(h)(1)(i) Citation 1, Item 1e, 1910.134(k)(1) Citation 1, Item 2a, 1910.1200(e)(1) Citation 1, Item 2b, 1910.1153(i)(1) Citation 1, Item 2c, 1910.1153(i)(2)(i) Citation 1, Item 3c, 1910.1153(g)(1)  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET)

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $3,349 · Current $3,349

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 1926.103)  a) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not ensure that a written respiratory protection program was established for those employees required to use respiratory protection, including a GVS half face respirator with P100 cartridges, when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $0 · Current $0

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 1926.103)  a) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not provide a medical evaluation to determine employee(s) ability to use a respirator before the employee was fit tested or required to use a GVS half face respirator with P100 cartridges when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $0 · Current $0

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 1926.103)  a) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not ensure that employees using tight-fitting facepiece respirators were fit tested prior to initial use of the respirator. Employees were required to use a GVS half face respirator with P100 cartridges when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:  (Construction Reference 1926.103)  a) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not ensure that employees wearing tight-fitting respiratory protection cleaned and disinfected the respirators as often as necessary to maintain them in a sanitary condition. Employees were required to use a GVS half face respirator with P100 cartridges when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k)(1): The employer did not provide effective training that covered the required elements in 1910.134(k)(1)(i)-(vii): (Construction Reference 1926.103)   a) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not ensure that each employee required to wear respiratory protection demonstrated knowledge why the respirator was necessary and how improper fit, usage, storage or maintenance can compromise the protective effect of the respirator. Employees were required to use a GVS half face respirator with P100 cartridges when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $3,349 · Current $3,349

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): (Construction Reference: 1926.59)    a) On November 3, 2022, Edward Janusz dba EJ General 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 of containers of hazardous chemicals; 2) Safety data sheet availability; 3) Training of employees; 4) A complete list of hazardous chemicals known to be in the workplace; 5) Methods to inform employees of the hazards on non-routine tasks; and 6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.  Employees were exposed to chemicals, including but not limited to, crystalline silica, when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):     a) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not include respirable crystalline silica in the program established to comply with the hazard communication standard. Employees were exposed to crystalline silica when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $0 · Current $0

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 at least the information contained in paragraphs (i)(2)(i)(A)-(i)(2)(i)(F) of this standard.    a) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not ensure that each employee was trained on the health hazards associated with silica, specific tasks where exposure could occur, protective measures including respiratory protection, work practices, and engineering controls, and the purpose of the medical surveillance program. Employees were exposed to crystalline silica when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Mar 15, 2023

Penalty

Initial $3,349 · Current $3,349

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) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not fully and properly implement the engineering controls, work practices and respiratory protection specified for the task on Table 1. Employees were required to use a Bosch GWS13-50 Angle Grinder when grinding mortar joints at the side of a residential building.     No abatement certification or documentation is required for this item.

Issued

Mar 15, 2023

Penalty

Initial $0 · Current $0

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) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not assess the exposure to crystalline silica for each employee exposed at the jobsite. Employees were required to use a Bosch GWS13-50 Angle Grinder when grinding mortar joints at the side of a residential building.     No abatement certification or documentation is required for this item.

Issued

Mar 15, 2023

Abate by

Apr 10, 2023

Penalty

Initial $0 · Current $0

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) On November 3, 2022, Edward Janusz dba EJ General Construction Inc. did not establish and implement a site-specific written exposure control plan. Employees were required to use a Bosch GWS13-50 Angle Grinder when grinding mortar joints at the side of a residential building.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.