OSHA Inspection: R.W. SIDLEY INC.

Issued

Apr 4, 2023

Abate by

May 8, 2023

Penalty

Initial $11,162 · Current $6,697 Reduced

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 1910.95(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:  On March 2, 2023, a Laborer chipping cement from the mixing drum was exposed to continuous noise levels at 83.8% of the permissible daily exposure (8-hour, time-weighted average sound level of 85 dbA or equivalently, a dose of 50 percent), during the 35 minute sampling period.   Exposure calculations include a zero increment for the 440 minutes not sampled. The employer did not include the employee in the hearing conservation program.

Issued

Apr 4, 2023

Abate by

May 8, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.95(g)(6): The employer did not obtain a new audiogram annually for each employee exposed to noise at or above an 8 hour time weighted average exposure of 85 decibels:   March 2, 2023, a Laborer chipping cement from the mixing drum was exposed to continuous noise levels at 83.8% of the permissible daily exposure (8-hour, time-weighted average sound level of 85 dbA or equivalently, a dose of 50 percent), during the 35 minute sampling period.   Exposure calculations include a zero increment for the 440 minutes not sampled. The employee has not received an annual audiometric test.

Issued

Apr 4, 2023

Abate by

May 8, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(k)(2): The training program was not repeated annually for each employee included in the hearing conservation program:  On or about March 2, 2023, the employer had not provided annual training to employees exposed to an 8-hour time weighted average of 85 decibels.

Issued

Apr 4, 2023

Abate by

Aug 31, 2023

Penalty

Initial $15,625 · Current $9,375 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(c): The employer did not ensure that no employee was exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA:  On or about March 2, 2023, the Laborer chipping cement from the mixing drum was exposed to mixed respirable dust containing quartz, cristobalite, and tridymite at 162.75 ug/m3, which is approximately 3.255 times the permissible exposure limit (PEL) of 50 ug/m3; Exposure calculations included a zero increment for 440 minutes not sampled. At this time employees are being exposed to levels of respirable dust containing quartz, cristobalite, and tridymite above the PEL.

Issued

Apr 4, 2023

Abate by

Aug 31, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(f)(1): The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible:  For the employee including, but not limited to, the employee whose exposure is described in Citation 1, Item 2(a):  the Laborer chipping cement from the mixing drum was exposed to mixed respirable dust containing quartz, cristobalite, and tridymite at 162.75 ug/m3, which is approximately 3.255 times the permissible exposure limit (PEL) of 50 ug/m3; Exposure calculations included a zero increment for 440 minutes not sampled. At this time, employees are being exposed to levels above the PEL and the employer shall require mandatory use of a respirator until feasible engineering controls can be put in place.  General methods of control applicable in this circumstance include, but are not limited to the following:  1) Re-evaluate the ventilation systems for ways to improve air movement/capture of the high levels of silica dust generated while chipping cement inside the mixer to further ensure the most adequate removal of the silica dust from the worker exposure;  2) Re-evaluate the existing work practices in the cement mixer to reduce the worker exposures to the airborne silica dust;  STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented, or whenever such controls fail to reduce employee exposure to the respirable dust permissible exposure limits. Abatement period by (5 working days)  STEP 2: Submit to the area director a written, detail plan of abatement outlining a schedule for the implementation of engineering and/or administrative measure to control employee exposure to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following action which must be consistent with the abatement dates required by this citation. Abatement period by (15 working days)  1) Evaluation of engineering/administrative control options;  2) Selection of optimum control methods and completion of design;  3) Procurement, installation and operation of selected control measures; and  4) Testing and acceptance or modification/redesign of controls.  STEP 3: Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance. Abatement period by (30 working days)

Issued

Apr 4, 2023

Abate by

Apr 21, 2023

Penalty

Initial $15,625 · Current $7,813 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(i)(A): The exposure control plan did not contain a description of all tasks in the workplace that involve exposure to respirable crystalline silica:   On or about March 2, 2023, the Laborer chipping cement from the mixing drum was exposed to mixed respirable dust containing quartz, cristobalite, and tridymite at 162.75 ug/m3, which is approximately 3.255 times the permissible exposure limit (PEL) of 50 ug/m3; Exposure calculations included a zero increment for 440 minutes not sampled. At this time, employees are being exposed to levels above the PEL and the employer did not include this job task within the company silica exposure control plan.

Issued

Apr 4, 2023

Abate by

Apr 21, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(ii): The employer did not review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary:  On or about December 6, 2022, the employer did not review the written exposure control plan at least annually and update it as necessary. The last time the employer reviewed the exposure control plan was April 28, 2021.

Issued

Apr 4, 2023

Abate by

Apr 28, 2023

Penalty

Initial $15,625 · Current $9,375 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(1): Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required:  (i)  Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls; (ii)  Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; (iii)  During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL; and (iv)  During periods when the employee is in a regulated area.  On or about March 2, 2023, the Laborer chipping cement from the mixing drum was exposed to mixed respirable dust containing quartz, cristobalite, and tridymite at the actual exposure level of 1953 ug/m3 for the 40 minutes sampled. The employer provided a half face MSA Comfo Classic with P100 dust filter to the employee. Based on the actual exposure levels a half face is not appropriate.