OSHA Inspection: NATHAN CONSTRUCTION LLC

Issued

Apr 25, 2023

Penalty

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

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) On or about April 11, 2023, the employer had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) for using a STIHL TS 420 quick cut handheld power saw, in that, the employer had not ensured employees were using a continuous watering system when dry cutting bricks containing respirable silica dust.

Issued

Apr 25, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(d)(2)(i):General. The employer shall 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.  a) On or about April 11, 2023, the employer had not assessed employees' exposure to respirable crystalline silica with either the performance option or monitoring while dry cutting  on bricks.

Issued

Apr 25, 2023

Abate by

Aug 21, 2023

Penalty

Initial $4,688 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(e)(1)(ii):General. 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: For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:  a) On or about April 11, 2023, the employer did not ensure employees were utilizing respiratory protection and had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) for using a STIHL TS 420 quick cut handheld power saw, in that, the employer had not ensured employees were using a continuous watering system while dry cutting bricks containing respirable silica dust and no respiratory protection was being used.

Issued

Apr 25, 2023

Abate by

Aug 21, 2023

Penalty

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

General-duty citation text

29 CFR  1926.1153(g)(1):Written exposure control plan. The employer shall establish and implement a written exposure control plan that contains at least the following elements: (i): A description of the tasks in the workplace that involve exposure to respirable crystalline silica; (ii): A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; (iii): A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and (iv): A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors.  a) On or about April 10, 2023, the employer had not established and implemented a written silica exposure control plan for employees exposed to respiratory crystalline while dry cutting bricks.

Issued

Apr 25, 2023

Abate by

Aug 21, 2023

Penalty

Initial $4,688 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(h)(1):Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  a) On or about April 11, 2023, the employer had not provided hazard communication training to employees who work with chemicals, such as but not limited to respirable crystalline silica (carcinogen).

Issued

Apr 25, 2023

Abate by

Aug 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(i):Employee information and training. The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following:  A) The health hazards associated with exposure to respirable crystalline silica; B) Specific tasks in the workplace that could result in exposure to respirable crystalline silica; C)Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; D) The contents of this section; E) The identity of the competent person designated by the employer in accordance with paragraph (g)(4) of this section; and  a) On or about April 11, 2023, the employer had not provided employees, who perform work, such as but not limited to cutting bricks, with information and training required by this section.