OSHA Inspection: RUSK INDUSTRIES, INC.

Issued

May 15, 2023

Abate by

Jun 8, 2023

Penalty

Initial $11,162 · Current $5,581 Reduced

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 failed to 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.  On or about March 8, 2023, the employer failed to adequately implement engineering controls, work practices, and respiratory protection for employees that use jackhammers and handheld powered chipping tools for breaking up concrete. The jackhammering operations were done in the basement of the residential home at 911 Dresden Drive in Mansfield, Ohio 44905. Employees working with and around the Hilti TE 3000-AVR jackhammer were exposed to inhalation hazards associated with respirable crystalline silica dust as the jackhammer was not directly equipped with a water delivery system or a shroud and dust collection system in conjunction with a properly fitted respirator with a protection factor of 10 or greater when being used inside of a residential basement.

Issued

May 15, 2023

Abate by

Jun 8, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(1): The employer failed to ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of the Permissible exposure limit (PEL) of 50 micrograms per cubic meter, calculated across an 8-hour Time Weighted Average (TWA).  On or about March 8, 2023 at the jobsite at 911 Dresden Drive, Mansfield, Ohio 44905, employees were exposed to concentrations of respirable crystalline silica in excess of 50 micrograms per cubic meter as an 8-hour TWA, with exposures ranging from 51 - 251 micrograms per cubic meter. Jackhammer operators and other employees at the worksite were overexposed to respirable crystalline silica due to workplace activities that generated crystalline silica dust including operators using the Hilti TE 3000-AVR jackhammer to break up the concrete in the enclosed basement of the residential home.

Issued

May 15, 2023

Abate by

Jun 8, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(2)(i): The employer failed to assess the exposure of each employee who is 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.  On or about March 8, 2023 the employer failed to conduct an exposure assessment for respirable crystalline silica for field employees who worked at temporary worksites. On March 8, 2023 field employees were at the worksite at 911 Dresden Drive in Mansfield, Ohio 44905 where exposure assessments were not taken for tasks that generated silica dust including but not limited to jackhammering the concrete of the floor using a Hilti TE 3000-AVR jackhammer.

Issued

May 15, 2023

Abate by

Aug 18, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(3)(i): The employer failed to use engineering and work practice controls to reduce and maintain employees exposures to respirable crystalline silica to or below the PEL, unless the employer is able to demonstrate that such controls are not feasible. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection that complies with the requirements of paragraph (e) of this section.  On March 8 2023,  the employer failed to properly implement controls to protect field employees from being exposed to respirable crystalline silica in excess of the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter.  Field employees were working at a temporary worksite at 911 Dresden Drive in Mansfield, Ohio 44905 doing tasks including but not limited to using the Hilti TE 3000-AVR jackhammer to break up concrete in the facility.

Issued

May 15, 2023

Abate by

Jun 8, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(2): Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134.  On or about March 8, 2023 the employer failed to implement an appropriate respiratory protection program with, employee training, fit testing, and medical evaluation protocols for employees who use N95 TruAir Vented Respirators, the 3M Tekk Protection Half facepiece respirators, the North 5500 & 7700 Series Half Mask Air-Purifying Respirators, and KN95 Respirators. The respirators are used at sites not owned by the employer and use power tools such as the Hilti TE 3000-AVR jackhammer to break up concrete. This generates respirable crystalline silica dust that can be inhaled by the employees. Without proper training, fit testing or medical evaluations for the respirators, the employees may be exposed to respirable crystalline silica dust.

Issued

May 15, 2023

Abate by

Jun 8, 2023

Penalty

Initial $11,162 · Current $5,581 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1): The employer failed to establish and implement a written exposure control plan that contains at least a description of the tasks in the workplace that involve exposure to respirable crystalline silica, engineering controls, work practices, respiratory protection, housekeeping measures, and procedures used to restrict access to work areas.  On or about March 8, 2023, the employer failed to effectively implement a written exposure control plan for employees who were exposed to respirable crystalline silica dust while working with or near jackhammering operations. One identified operation that exposes employees to respirable crystalline silica is the use of jackhammers such as the Hilti TE 3000-AVR jackhammer to break up concrete at worksites. Without implementing an exposure control plan, employees may being unaware of the hazards found in their workplace and the controls they can use to prevent potential health effects from being exposed to these hazards.

Issued

May 15, 2023

Abate by

Jun 8, 2023

Penalty

Initial $11,162 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(h)(1)(i): The employer failed to make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who will be required under this section to use a respirator for 30 or more days per year.  On or about March 8, 2023, the employer failed to implement a medical surveillance program for field employees. Field employees conduct operations that generates respirable crystalline silica in the work area including using the Hilti TE 3000-AVR jackhammer twice a week to break up concrete. Using the jackhammer exposes both jackhammer operators and employees in the same area to hazards associated with respirable silica dust, including illnesses such as silicosis.

Issued

May 15, 2023

Abate by

Jun 8, 2023

Penalty

Initial $11,162 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1): The employer failed to include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer failed to ensure that each employee has access to crystalline silica safety data sheets, and is trained in accordance with the provisions of HCS and paragraph Employee information and training of Respirable crystalline silica standard. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.  On or about March 8, 2023, the employer failed to implement and provide training on a written Hazard Communication (HAZCOM) program for employees who were exposed to respirable crystalline silica dust while working with or near jackhammering operations. Using jackhammers such as the Hilti TE 3000-AVR jackhammer to break up concrete at worksites exposes employees to hazardous respirable dust including but not limited to crystalline silica inhalation. Failure to fully include chemicals such as crystalline silica dust in a HAZCOM program can lead to employees being unaware of the hazards found in their workplace and lead to potential health effects by being  exposed to the dust without proper screenings or controls in place.