OSHA Inspection: MADMIK, LLC

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 05609000

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:   a) Inside Lowe's retail store, 265 McLean Blvd., Paterson, NJ at aisle 21: On or about March 14, 2023The employer required employees to wear P95 filtering facepiece respirators, but did not establish a written respiratory protection program.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 05609000

General-duty citation text

29 CFR  1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall 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) Lowe's retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used a walk behind saw to cut concrete, while another employee sprayed water using a garden sprayer on the saw cuts to control dust in an enclosed space. The employer required employees to wear P95 filtering facepiece respirators, but did not fully and properly implement the engineering controls, work practices, and respiratory protection exposing them to inhalation of silica dust.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 9000

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:   a) Lowe' s retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete, while another employee assisted by spraying water on the saw cuts to control dust. The employer required employees to wear P95 filtering facepiece respirators, but did not base the selection of the respirators on the hazards to which employee were exposed.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 05609000

General-duty citation text

29 CFR  1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:   a) Lowe's retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete, while another employee assisted by spraying water on the saw cuts to control dust. The employer required employees to wear P95 filtering facepiece respirators, but did not identify and evaluate the employees' exposure to respiratory hazards.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(e)(1): General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.   a) Lowe' s retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete, while another employee assisted by spraying water on the saw cuts to control dust. The work was done inside a plastic sheeting enclosure the employees built for the job. The employees were not provided medical evaluation when required to wear a P95 filtering facepiece respirators.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.   a) Lowe's retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete. The work was done inside a plastic sheeting enclosure the employees built for the job. The employees were required to wear P95 filtering facepiece respirators without being properly fit tested prior to use.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 05609000

General-duty citation text

29 CFR  1910.134(k)(3): The employer shall provide the training prior to requiring the employee to use a respirator in the workplace.   a) Lowe' s retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete, while another employee assisted by spraying water on the saw cuts to control dust. The employer did not provide training prior to requiring employees to wear P95 filtering facepiece respirators.

Issued

Aug 23, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 0560

General-duty citation text

29 CFR  1910.1000(a)(2):Other substances -- 8-hour Time Weighted Averages. An employee's exposure to any substance in Table Z-1, the exposure limit of which is not preceded by a "C", shall not exceed the 8-hour Time Weighted Average given for that substance any 8-hour work shift of a 40-hour work week.   a) Lowe' s retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete. The work was done inside a plastic sheeting enclosure the employees built for the job. The employees were exposed to carbon monoxide from the exhaust generated by the gasoline powered walk-behind saw and the gasoline-powered cut off saw. The employees' carbon monoxide exposure level for the employees was determined to be 88 ppm (parts per million) and 82 ppm, respectively, as an 8-Hour Time Weighted Average (TWA), which exceeded the OSHA Permissible Exposure Limit of 50 ppm.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 05609000

General-duty citation text

29 CFR  1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:    a) Lowe' s retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete, while another employee assisted by spraying water on the saw cuts to control dust.  The employees were exposed to carbon monoxide from the exhaust generated by the gasoline powered walk-behind saw and the gasoline-powered cut off saw and silica dust from the concrete dust generated. The employer did not develop and implement a written hazard communication program.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 05609000

General-duty citation text

29 CFR  1910.1200(g)(1): Chemical manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers shall have a safety data sheet in the workplace for each hazardous chemical which they use.   a) Lowe' s retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete, while another employee assisted by spraying water on the saw cuts to control dust.  The employees were exposed to carbon monoxide from the exhaust generated by the gasoline powered walk-behind saw and the gasoline-powered cut off saw and silica dust from the concrete, but the employer did not provide safety data sheets to employees.

Issued

Aug 23, 2023

Abate by

Sep 19, 2023

Penalty

Initial $4,688 · Current $2,813 Reduced

Hazardous substances 05609000

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: (Construction Reference: 1926.59)   a) Lowe' s retail store, 265 McLean Blvd., Paterson, NJ: On or about March 14, 2023, an employee used gas-powered saws to cut concrete, while another employee assisted by spraying water on the saw cuts to control dust.  The employees were exposed to carbon monoxide from the exhaust generated by the gasoline powered walk-behind saw and the gasoline-powered cut off saw and silica dust from the concrete, but the employer did not provide the required training.