OSHA Inspection: CXT INCORPORATED

Issued

Jun 23, 2023

Abate by

Jul 27, 2023

Penalty

Initial $11,162 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.134(f)(2):  The employer did not 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) Building 5, Prep Area:  On April 27, 2023 and times prior, employees were required to wear 3M 8210V tight fitting N95 particulate respirators while performing chipping and grinding operations on precast concrete buildings to protect employees from respirable crystalline silica.  The employer has not ensured that the employees were fit tested prior to the required respirator use.

Issued

Jun 23, 2023

Abate by

Jul 27, 2023

Penalty

Initial $0 · Current $0

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  (a) Building 5, Prep Area:  On April 27, 2023 and times prior, an employee was required to wear 3M 8210V tight fitting N95 particulate respirators while performing chipping and grinding operations on precast concrete buildings to protect the employee from respirable crystalline silica.  The employer has not ensured that the employee had a medical evaluation prior to the required respirator use.

Issued

Jun 23, 2023

Abate by

Dec 20, 2023

Penalty

Initial $15,625 · Current $10,000 Reduced

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:  (a) Building 5, Prep Area:  On April 27, 2023, an employee conducts grinding and chipping on precast concrete buildings.  The employee was exposed to the respirable crystalline at an 8-hour Time Weighted Average of 147.60 micrograms per cubic meter of air for the 378 minute sampling period.  The employer has not implemented all feasible engineering or administrative controls to achieve compliance with the permissible exposure limit of 50 micrograms per cubic meter of air for respirable crystalline silica.  (b) Building 5, Prep Area:  On April 27, 2023, an employee conducts grinding and chipping on precast concrete buildings.  The employee was exposed to the respirable crystalline at an 8-hour Time Weighted Average of 147.24 micrograms per cubic meter of air for the 411 minute sampling period.  The employer has not implemented all feasible engineering or administrative controls to achieve compliance with the permissible exposure limit of 50 micrograms per cubic meter of air for respirable crystalline silica.  (c) Building 5, Prep Area:  On April 27, 2023, an employee conducts grinding and chipping on precast concrete buildings.  The employee was exposed to the respirable crystalline at an 8-hour Time Weighted Average of 63.44 micrograms per cubic meter of air for the 294 minute sampling period.  The employer has not implemented all feasible engineering or administrative controls to achieve compliance with the permissible exposure limit of 50 micrograms per cubic meter of air for respirable crystalline silica.

Issued

Jun 23, 2023

Abate by

Dec 20, 2023

Penalty

Initial $0 · Current $0

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 micrograms per cubic meter of air, calculated as an 8-hour TWA:  (a) Building 5, Prep Area:  On April 27, 2023, an employee conducts grinding and chipping on precast concrete buildings.  The employee was exposed to the respirable crystalline at an 8-hour Time Weighted Average of 147.60 micrograms per cubic meter of air for the 378 minute sampling period.  The employee was exposed over the permissible exposure limit of 50.0 micrograms per cubic meter of air.  (b) Building 5, Prep Area:  On April 27, 2023, an employee conducts grinding and chipping on precast concrete buildings.  The employee was exposed to the respirable crystalline at an 8-hour Time Weighted Average of 147.24 micrograms per cubic meter of air for the 411 minute sampling period. The employee was exposed over the permissible exposure limit of 50.0 micrograms per cubic meter of air.  (c) Building 5, Prep Area:  On April 27, 2023, an employee conducts grinding and chipping on precast concrete buildings.  The employee was exposed to the respirable crystalline at an 8-hour Time Weighted Average of 63.44 micrograms per cubic meter of air for the 294 minute sampling period. The employee was exposed over the permissible exposure limit of 50.0 micrograms per cubic meter of air.

Issued

Jun 23, 2023

Abate by

Aug 10, 2023

Penalty

Initial $11,162 · Current $7,500 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(1):  The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica was, or could have been reasonably expected to be, in excess of the PEL:  (a)  Building 5, Prep Area:  On April 27, 2023, and times prior, employees conduct grinding and chipping on precast concrete buildings creating respirable crystalline silica.  Employee exposure monitoring conducted on April 27, 2023 indicated three employees with exposures greater than the permissible exposure limit of 50.0 micrograms per cubic meter of air.  A regulated area was not established to limit access to the prep area.

Issued

Jun 23, 2023

Abate by

Aug 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(i)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year:  (a)  Building 5, Prep Area:  On April 27, 2023, and times prior employees conduct grinding and chipping on precast concrete buildings creating respirable crystalline silica.  Employee exposure monitoring conducted on April 27, 2023 indicated three employees with exposures greater than the permissible exposure limit of 50.0 micrograms per cubic meter of air.  The employer has not made medical surveillance available to the employees exposed to respirable crystalline silica over the action level of 25 micrograms per cubic meter of air.

Issued

Jun 23, 2023

Abate by

Aug 10, 2023

Penalty

Initial $11,162 · Current $7,500 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(h)(1):  The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure were feasible:  (a)  Building 5, Prep Area:  On April 27, 2023, and times prior employees conduct grinding and chipping on precast concrete buildings creating respirable crystalline silica dust.  Employees use push brooms to dry sweep the silica dust from the floors of precast buildings.

Issued

Jun 23, 2023

Abate by

Aug 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(h)(2)(i):  The employer allowed compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica without being used in conjunction with a ventilation system to capture blown dust:  (a)  Building 5, Prep Area:  On April 27, 2023, and times prior employees conduct grinding and chipping on precast concrete buildings creating respirable crystalline silica dust.  Employees use compressed air to remove the silica dust from the surfaces of the precast buildings.