OSHA Inspection: MICHELS MARINE, A DIVISION OF MICHELS CONSTRUCTION, INC.

Issued

Dec 21, 2023

Penalty

Initial $14,063 · Current $0 Reduced

General-duty citation text

29 CFR  1926.55(a)(2): Other substances-8-hour Time Weighted Averages. An employee's exposure, as determined from breathing-zone air samples, to any substance in Table 1 or 2 of this section with a permissible exposure limit not preceded by (C) must not exceed the limit specified for that substance measured as an 8-hour time-weighted average in any work shift.  On or about July 20, 2023, at the worksite located at N5059 WI-107, Irma, Wisconsin; an employee operating a Stihl gas-powered concrete saw (Model TS420-Z, Serial No. 4238 011 2821) in the "Flume" was exposed to Carbon Monoxide at a level of 225.4 ppm as an 8-hour Time Weighted Average, approximately 4.51 times the OSHA PEL of 50 ppm.  This exposure was determined by Carboxyhemoglobin calculations over 480 minutes.

Issued

Dec 21, 2023

Abate by

Jan 23, 2024

Penalty

Initial $14,063 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1203(f): When there are changes in the use or configuration of a non-permit confined space that might increase the hazards to entrants, or some indication that the initial evaluation of the space may not have been adequate, each entry employer must have a competent person reevaluate that space and, if necessary, reclassify it as a permit-required confined space.   On or about July 20, 2023, at an establishment located at N5059 WI-107, in Irma, Wisconsin, an employee of Michels Marine, a division of Michels Construction, Inc. was performing saw cutting operations in a confined space while utilizing a gasoline powered cutoff saw and the employer did not reclassify as a permit-required confined space resulting in an employee being over-exposed to Carbon Monoxide (CO).

Issued

Dec 21, 2023

Abate by

Jan 23, 2024

Penalty

Initial $14,063 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1204(c): Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following: 29 CFR 1926.1204(c)(1)- 29 CFR 1926.1204(c)(8).  On or about July 20, 2023, at an establishment located at N5059 WI-107, in Irma, Wisconsin, an employee of Michels Marine, a division of Michels Construction, Inc. was performing saw cutting operations in a confined space while utilizing a gasoline powered cutoff saw and the employer did not reclassify as a permit-required confined space resulting in an employee being over-exposed to Carbon Monoxide (CO).  The requirements of this section 29 CFR 1926.1204 (c)(1) to 29 CFR 1926.1204(c)(8) were not met to maintain safe permit entry safe operations. The requirement of 29 CFR 1926.1204(c)(4) to eliminate or control the atmospheric hazards with ventilation was not being met as the ventilation provided did not provide adequate means to protect employees and prevent an over-exposure of CO in the space. The requirements of 29 CFR 1926.1204(c)(7) to verify the space was safe to remain in was not met as an over-exposure occurred and the monitoring devices were not taking a representative sample of the air being breathed by the employee resulting in an over-exposure of CO.