OSHA Inspection: OLDCASTLE APG NORTHEAST, INC.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $14,733 · Current $14,733

Hazardous substances 90009130

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) Oldcastle APG Northeast - On or about July 7, 2023, employees working as baggers on bagging line 5 were required to wear half-face respirators to protect them from inhalation dust hazards while bagging ready mix concrete, containing crystalline silica.  The employer did not provide employees with medical evaluations prior to being fit-tested or required to use respirators in accordance with this section.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 90009130

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) Oldcastle APG Northeast - On or about July 7, 2023, employees working as baggers on bagging line 5 were required to wear half-face respirators to protect them from inhalation dust hazards while bagging ready mix concrete, containing crystalline silica.  The employer did not fit-test employees prior to initial use of the respirator.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 90009130

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 items in section (i)-(vii):   a) Oldcastle APG Northeast - On or about July 7, 2023, employees working as baggers on bagging line 5 were required to wear half-face respirators to protect them from inhalation dust hazards while bagging ready mix concrete, containing crystalline silica.  The employer did not provide employees with training on respirators in accordance with this section.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $9,822 · Current $9,822

General-duty citation text

29 CFR  1910.212(a)(1):  One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:  a)  Oldcastle APG Northeast - Line 4 - On or about July 7, 2023, employees walking and working around the dispenser clamp offs (one on each side of machine) for line 4 bagging machine were exposed to crush hazards to the hands.  b)  Oldcastle APG Northeast - Line 5 - On or about July 7, 2023, employees walking and working around the dispenser clamp offs (one on each side of machine) for line 5 bagging machine were exposed to crush hazards to the hands.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $7,366 · Current $7,366

General-duty citation text

29 CFR  1910.303(b)(2):  Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:   a)  Oldcastle APG Northeast - On or about July 7, 2023, bagger employees were exposed to electrical hazards from several extension cords that were daisy chained in sequence to power a pedestal fan being utilized upon the mezzanine deck between bagger machines 4 and 5.   The electrical equipment was not used in accordance with the listing.   Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.  For Reference:  Underwriters Laboratories (UL), refers to extension cords connected in a series .

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.305(g)(1)(iv)(A):  Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:   a) Oldcastle APG Northeast - On or about July 7, 2023, an extension cord was being utilized as a substitute to fixed wiring to power a fixed 36 inch  cooling fan on line 5 , exposing employees to fire and electrical hazards.     Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Abate by

May 6, 2024

Penalty

Initial $15,625 · Current $15,625

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 (ug/m�) calculated as an 8-hour TWA:   a)  Oldcastle APG Northeast - On or about July 7, 2023, a Bagger working on line 5, was exposed to an 8 hour time weighted average of 65 ug of crystalline silica per cubic meter  of air (ug/m�).   This exposure is 1.3 times the permissible exposure limit (PEL) of 50 micrograms per cubic meter (ug/m�) of air. This exposure occurred over a 460 minute sampling period. A zero exposure was assumed for the 25 minutes not sampled.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Dec 21, 2023

Abate by

May 6, 2024

Penalty

Initial $0 · Current $0

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)  Oldcastle APG Northeast - On or about July 7, 2023, a Bagger working on line 5, was exposed to an 8 hour time weighted average of 65 ug/m� of air.   This exposure is 1.3 times the permissible exposure limit (PEL) of 50 micrograms per cubic meter (ug/m�) of air . This exposure occurred over a 460 minute sampling period. A zero exposure was assumed for the 25 minutes not sampled.  The employer did not implement engineering and work practice controls in accordance with this section.  Feasible abatement methods include but are not limited to: 1) Improve or redesign the physical structure and/or ventilation draw of the ductwork to increase CFM and capture velocity.  2) Administratively reduce exposure time by rotating employees to other jobs in the facility instead of spending their entire shift bagging.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Dec 21, 2023

Abate by

May 6, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan that contained at least the following elements: a description of the tasks in the workplace that involve exposure to respirable crystalline silica; a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.    a)  Oldcastle APG Northeast - On or about July 7, 2023, employees were exposed to respirable crystalline silica and the employer did not establish and implement a written exposure control plan in accordance with this section.   Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Abate by

Feb 9, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9130

General-duty citation text

29 CFR  1910.1000(a): 29 CFR 1910.1000(a):  The employer shall ensure that no employee is exposed to any substance at a level in excess of the exposure limit given for that substance in Table Z-1 of this standard.   a)  Oldcastle APG Northeast - On or about July 7, 2023, a Bagger working on line 5, was exposed to an 8 hour time weighted average of 7.42 mg of Respirable Particulates Not Otherwise Regulated (PNOR) per cubic meter of air.   This exposure is 1.477 times the permissible exposure limit (PEL) of 5 milligrams per cubic meter (mg/m�) of air . This exposure occurred over a 460 minute sampling period.  A zero exposure was assumed for the 25 minutes not sampled.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Dec 21, 2023

Abate by

May 6, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9130

General-duty citation text

29 CFR  1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):   a)  Oldcastle APG Northeast - On or about July 7, 2023, a Bagger working on line 5, was exposed to an 8 hour time weighted average of 7.42 mg of Respirable Particulates Not Otherwise Regulated (PNOR) per cubic meter of air.   This exposure is 1.477 times the permissible exposure limit (PEL) of 5 milligrams per cubic meter (mg/m�) of air . This exposure occurred over a 460 minute sampling period.  A zero exposure was assumed for the 25 minutes not sampled.  The employer did not implement feasible engineering or administrative controls to reduce employee exposure to PNOR below the PEL.  Feasible abatement methods include but are not limited to: 1) Improve or redesign the physical structure and/or ventilation draw of the ductwork to increase CFM and capture velocity.  2) Administratively reduce exposure time by rotating employees to other jobs in the facility instead of spending their entire shift bagging.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Dec 21, 2023

Abate by

May 6, 2024

Penalty

Initial $15,625 · Current $15,625

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(i)(2): The employer did not make available an initial (baseline) medical examination within 30 days after initial assignment when the employee had not received a medical examination that meets the requirements of this section within the last three years:    a)  Oldcastle APG Northeast - On or about July 7, 2023, an employee was exposed to respirable crystalline silica above the action level and the employer did not provide an initial medical examination within 30 days after initial assignment in accordance with this section.     Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(6)(i): Within 15 working days after completing an exposure assessment in accordance with paragraph (d) of this section, the employer did not individually notify each affected employee in writing of the results of that assessment or post the results in an appropriate location accessible to all affected employees:   a)  Oldcastle APG Northeast - On or about July 7, 2023, the employer did not notify each affected employee in writing or post the results after completing multiple silica exposure assessments on various days between January 25, 2023 and September 21, 2023.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(6)(ii): Whenever an exposure assessment indicated that employee exposure was above the PEL, the employer did not describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL:   a)  Oldcastle APG Northeast - On or about July 7, 2023, the employer conducted exposure assessments for silica in which there was an employee that exceeded the PEL for silica.  The employer did not notify this employee in writing the corrective action that was going to be taken to reduce employee exposure to or below the PEL.     Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Dec 21, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 900091309135

General-duty citation text

29 CFR  1910.134(k)(6):The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:  a)  Oldcastle APG Northeast - On or about June 19, 2023, employees wearing N95 respirators voluntarily, were not informed of the basic advisory information on respirators contained in Appendix D 19 10.134.  No abatement certification or documentation required.