OSHA Inspection: ZACH SCHMICK MASONRY, LLC

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $2,009 · Current $0 Reduced

General-duty citation text

29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user: (Construction Reference 1926.103)  a.) 6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were voluntarily utilizing a half-face, tight-fitting, elastomeric respirators while performing masonry tasks including, but not limited to, the hand mixing of silica containing masonry products, and did not participate in a medical evaluation.    b.) 6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were voluntarily utilizing a half-face, tight-fitting, elastomeric respirators while performing masonry tasks including, but not limited to, the hand mixing of silica containing masonry products, and the respirator was not stored as per manufacturer instructions in that the respirator was stored in a bucket with masonry tools and associated masonry debris.  c.) 6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were voluntarily utilizing a half-face, tight-fitting, elastomeric respirators while performing masonry tasks including, but not limited to, the hand mixing of silica containing masonry products, and the respirator was not cleaned as per manufacturer instructions in that the respirator was covered in masonry product and had masonry debris within the respirator face piece.  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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

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:  (Construction Reference 1926.103)  a.) 6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were voluntarily utilizing a half-face, tight-fitting, elastomeric respirators while performing masonry tasks including, but not limited to, the hand mixing of silica containing masonry products, and the employer did not provide the employee with the information contained in Appendix D of 29 CFR 1910.134.  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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $2,009 · Current $0 Reduced

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, and had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): (Construction Reference: 1926.59)  a.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were utilizing masonry products, including, but not limited to, Arriscraft Cast Stone and Lehigh Flamingo Custom Color Masonry Cement Type N for working operations.  The employer did not have a hazard communication program.  b.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were utilizing chemicals, including, but not limited to, gasoline to fuel a Stihl TS 420 Cutquik Cut-Off Machine.  The employer did not have a hazard communication program.  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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):  The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s):  a.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were utilizing masonry products, including, but not limited to, Arriscraft Cast Stone and Lehigh Flamingo Custom Color Masonry Cement Type N for working operations.  Safety data sheets for the masonry products were not readily accessible during the work shift to each employee when they were in the work area.  b.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were utilizing chemicals, including, but not limited to, gasoline to fuel a Stihl TS 420 Cutquik Cut-Off Machine.  Safety data sheets for the chemicals were not readily accessible during the work shift to each employee when they were in the work area.  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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: (Construction Reference: 1926.59)  a.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were utilizing masonry products, including, but not limited to, Arriscraft Cast Stone for working operations.  Employees did not have hazard communication training.   b.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were utilizing chemicals, including, but not limited to, gasoline to fuel a Stihl TS 420 Cutquik Cut-Off Machine.  Employees did not have hazard communication training.   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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $3,349 · Current $0 Reduced

General-duty citation text

29 CFR 1926.50(g):  Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  a.) 6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were mixing and utilizing masonry products including, but not limited to, Lehigh Flamingo Custom Color Masonry Cement Type N.  Suitable means for the flushing of the eyes were not provided when using these masonry products.  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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $3,349 · Current $6,000

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.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were cutting Arriscraft Cast Stone outside for less than four (4) hours with a Stihl TS420 Cutquik Cut-Off Machine, and the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified in 1926.1153(c)(1)(ii) as the handheld power saw was not equipped with integrated water delivery system that continuously fed water to the blade.  The employer did not otherwise have an exposure assessment for this operation.  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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(i)(1):  The employer did not ensure that each employee has access safety data sheets, and did not ensure that each employee was trained in accordance with the provisions of 29 CFR 1910.1200 and 29 CFR 1926.1153(i)(2) with at least the following hazards being addressed: Cancer, lung effects, immune system effects, and kidney effects:  a.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were performing masonry tasks including, but not limited to, mixing and cutting, with silica containing masonry products.  Safety data sheets for the masonry products were not readily accessible during the work shift to each employee when they were in the work area.  b.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were performing masonry tasks including, but not limited to, mixing and cutting, with silica containing masonry products.  Employees did not have hazard communication training or training associated with respirable crystalline silica.  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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(j)(2)(i):  The employer did not make and maintain an accurate record of all objective data relied upon to comply with the requirements of this section:  a.)  6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were hand mixing masonry products, including, but not limited to, Lehigh Flamingo Custom Color Masonry Cement Type N.  The employer did not have a record of the objective data for this work operation.   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 employees and their representatives were informed of this abatement.

Issued

Sep 27, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(2):The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  a.) 6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were wearing personal protective equipment including, but not limited to, safety glasses.  Employees did not have personal protective equipment training.  b.) 6391 Carlisle Pike, Mechanicsburg, Pennsylvania, on or about August 17, 2023, employees were fueling equipment with gasoline and were provide with portable fire extinguishers.  Employees did not have fire extinguisher training.  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 employees and their representatives were informed of this abatement.