OSHA Inspection: CHRIS SOPIARZ, LLC.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $6250.00 · Current $6250.00

General-duty citation text

29 CFR 1910.134(d)(3)(i)(B)(1):  The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration (Construction Reference 1926.103):  (a) On June 13, 2023, an employee grinding mortar off a building was exposed to an 8-hour time weighted average (TWA) of 69.62 milligrams/cubic meter (mg/m3) for respirable crystalline silica (RCS), approximately 1,392 times the Permissible Exposure Limit (PEL) of 0.050 mg/m3. The  employee was wearing a half facepiece elastomeric respirator with an assigned protection factor (APF) of 10, therefore, the maximum use concentration of this respirator was 0.50 mg/m3.

Issued

2023-08-01 00:00:00

Abate by

2023-12-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 (Construction Reference 1926.103):  (a) Medical evaluations were not provided prior to use to determine employees ability to wear required half facepiece elastomeric respirators when grinding mortar off a building.

Issued

2023-08-01 00:00:00

Abate by

2023-12-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 (Construction Reference 1926.103):   (a) Employees required to wear tight-fitting half facepiece elastomeric respirators when grinding mortar off a building  were not fit tested prior to initial use.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A):  Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function (Construction Reference 1926.103):   (a) An  employee wearing a tight-fitting half facepiece elastomeric respirator when grinding mortar off a building had facial hair that came between the seal of the respirator and the face.

Issued

2023-08-01 00:00:00

Abate by

2023-12-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(1):  The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of the items in section (i)-(vii) (Construction Reference 1926.103):   (a)  Prior to respirator use, the employer did not provide training for employees required to  wear half facepiece elastomeric respirators when grinding mortar off a building.

Issued

2023-08-01 00:00:00

Abate by

2023-12-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(e)(2):  Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  (a) 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 employees required to wear half facepiece elastomeric respirators when grinding mortar off a building.

Issued

2023-08-01 00:00:00

Abate by

2024-01-16 00:00:00

Penalty

Initial $6250.00 · Current $6250.00

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met (Construction Reference: 1926.59):  (a) The employer did not develop and implement a written hazard communication program to include the health hazards of respirable crystalline silica and the tasks that generate exposure to include hammer drilling and grinding of stone and mortar.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(g)(1):  The employer did not establish and implement a written exposure control plan:  (a) The employer did not establish and implement a written respirable crystalline silica exposure control plan to address employee exposure during hammer drilling and grinding of stone and mortar.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(i)(2)(i):  The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of at least the information contained in paragraphs (i)(2)(i)(A)-(i)(2)(i)(F) of this standard:   (a) Employees  hammer drilling stone and grinding mortar had received no prior training on the requirements of this standard, to include but not be limited to, the hazards of respirable crystalline silica, work tasks that expose employees to silica, table 1 requirements per  engineering controls (i.e. vacuum shrouded dust collection tools), work practices, respiratory protection, and housekeeping methods (i.e. HEPA-filtered vacuum) to reduce their exposure to silica.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $5358.00 · Current $5358.00

General-duty citation text

29 CFR 1926.300(b)(1):  Power operated tool(s), designed to accommodate guards, were not equipped with such guards when in use:  (a) The Masterforce Angle Grinder(s) (model 241-0780) utilized to grind mortar off  the foundation of a  building was not guarded.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $6250.00 · Current $6250.00

General-duty citation text

29 CFR 1926.1153(c)(1):  For each employee engaged in a task identified on Table 1, the employer did not 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 June 5, 2023, and times prior thereto, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task per table 1 ((vii) Handheld and stand-mounted drills (including impact and rotary hammer drills)) to reduce employees exposure to respirable crystalline silica when utilizing hammer drills to remove stone and mortar from a building.  (b) On or about June 13, 2023, and times prior thereto, the employer did not provide adequate respiratory protection, engineering controls, and work practices for the task per table 1 ((xi) Handheld grinders for mortar removal) to reduce employees exposure, as an employee was exposed to respirable crystalline silica over the permissible exposure limit (PEL) while utilizing handheld grinders to remove mortar from a building.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(d)(1):  The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3 (0.050 mg/m3), calculated as an 8-hour TWA:  (a) On June 13, 2023, an employee grinding mortar off a building located at 5759 189th Street Chippewa Falls, WI was exposed to an 8-hour time weighted average (TWA) of 69.62 milligrams/cubic meter (mg/m3) for respirable crystalline silica (RCS), approximately 1,392 times the Permissible Exposure Limit (PEL) of 0.050 mg/m3. The exposure level was derived from samples collected over a 292-minute sampling period, with zero exposure assumed for the unsampled period of 188 minutes.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(d)(2)(i):  The employer did not assess the exposure of each employee who was 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 June 5, 2023, and times prior thereto, the employer did not assess employees exposure to respirable crystalline silica while utilizing hammer drills to remove stone and mortar from a building.  (b) On or about June 13, 2023, and times prior thereto, the employer did not assess employees exposure as an employee was exposed to respirable crystalline silica over the permissible exposure limit (PEL) while utilizing handheld grinders to remove mortar from a building.

Issued

2023-08-01 00:00:00

Abate by

2023-08-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(d)(3)(i):  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:  (a) On June 13, 2023,  an employee grinding mortar off a building was exposed to an 8-hour time weighted average (TWA) of 69.62 milligrams/cubic meter (mg/m3) for respirable crystalline silica (RCS), approximately 1,392 times the Permissible Exposure Limit (PEL) of 0.050 mg/m3. The employer did not implement engineering controls and work practices to reduce and maintain exposure to or below the PEL.