OSHA Inspection: J.N.S CONSTRUCTION CORP. II

Issued

Aug 18, 2023

Abate by

Nov 6, 2023

Penalty

Initial $5,358 · Current $5,000 Reduced

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) On or about May 16, 2023, at the above addressed jobsite, employees were required to wear air 3M N95 8511 respiratory protection when conducting insulation removal operations.  The employer failed to develop and implement a written respiratory protection program, which included worksite specific procedures, thereby exposing employees to hazards including, but not limited to, respirable silica dusts.   The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, string, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.

Issued

Aug 18, 2023

Abate by

Nov 6, 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)  On or about May 16, 2023, at the above addressed jobsite, the employer had not ensured that each employee required to wear 3M N95 8511 respirators had been provided with a medical evaluation.

Issued

Aug 18, 2023

Abate by

Nov 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a)  On or about May 16, 2023, at the above addressed jobsite, employees were required to wear tight-fitting facepiece respirators.   The employer did not ensure employees were provided with a fit test prior to the initial use of the respirator(s), thereby exposing employees to the hazards including, but not limited to, respirable silica dust.

Issued

Aug 18, 2023

Abate by

Nov 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1):  The employer did not provide effective training to ensure that each employee could demonstrate knowledge of 1910.134(k)(1)(i) - (vii):  a)  On or about, May 16, 2023, at the above addressed jobsite, employees were provided with and required to wear 3M N95 8511 respirators for exposure to materials including respirable silica dust.  The employer did not ensure that each employee could demonstrate knowledge of the required training elements of the standard including, but not limited to, why respiratory protection is necessary, factors that compromise protection, proper fit, proper use, limitations and capabilities, change schedules, emergency use, inspection, maintenance and/or storage, general requirements of 29 CFR 1910.134, and how to recognize medical signs and symptoms.

Issued

Aug 18, 2023

Penalty

Initial $3,572 · Current $2,000 Reduced

General-duty citation text

29 CFR  1926.100(a):  Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:  a) On or about May 16, 2023, at the above addressed jobsite, an employee working on the ground assisting an employee in a scissor lift, was not wearing a hard hat to protect against falling materials and debris.

Issued

Aug 18, 2023

Penalty

Initial $6,250 · Current $6,000 Reduced

General-duty citation text

29 CFR  1926.501(b)(1):  Each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.  a) On or about May 16, 2023, at the above addressed jobsite, an employee performing commercial framing operations, approximately forty-two (42) feet above ground, was not protected from falls from the unfinished 4th floor, thereby exposing the employee to fall hazards.

Issued

Aug 18, 2023

Abate by

Aug 24, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1926.501(b)(14):  Each employee working on, at, above, or near wall openings (including those with chutes attached), where the outside bottom edge of the wall opening was 6 feet (1.8 m) or more above lower levels and the inside bottom edge of the wall opening is less than 39 inches (1.0 M) above the walking/working surface, is not protected from falling by the use of a guardrail system, a safety net system, or a personal fall arrest system.  a) On or about May 15, 2023, at the above addressed jobsite, employees were performing commercial carpentry operations near unguarded wall openings, approximately (35) thirty- five above a lower level not protected from falls, thereby exposing the employees to fall hazards.