PORTSMOUTH, NH —
OSHA Inspection: TOM AHERN, LLC
Complaint inspection · Health discipline
At a glance
On , OSHA opened a complaint health inspection of TOM AHERN, LLC in 159 STATE STREET, PORTSMOUTH, NH 03801 (NAICS 238140). OSHA activity number 346943426.
OSHA opens inspections for many reasons — routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.
Where did this inspection happen?
- Establishment
- TOM AHERN, LLC
- Site address
- 159 STATE STREET
- City
- PORTSMOUTH
- State
- NH
- ZIP
- 03801
- Mailing
- 36 LEE ROAD, BARRINGTON, NH 03825
What kind of inspection was it?
- Inspection type
- Complaint (B)
- Scope
- Partial (B)
- Discipline
- Health
- Advance notice
- No
- Union status
- B
When did the case open and close?
- Opened
- Closing conference
- Case closed
- Last modified
- Data loaded
Establishment context
- NAICS code
- 238140
- Employees
- 3
- Ownership type
- A
Citations
8 citations on file for this inspection.
1910.134 C01
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $3,349 · Current $1,600 Reduced
General-duty citation text
29 CFR 1910.134(c)(1) as required by 1926.103: 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: Site - On or about August 29, 2023, employees were required to wear respirators while using handheld grinders for mortar removal, and the employer did not ensure that an effective respiratory protection program was established. There was no written program covering respirator selection, fit-testing, medical clearance, storage/cleaning, and training requirements.
Recent events (2)
- — I (S) $1600
- — Z (S) $3349
1910.134 E01
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $0 · Current $0
General-duty citation text
29 CFR 1910.134(e)(1) as required by 1926.103: 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: Site - On or about August 29, 2023, employees were required to wear respirators while using handheld grinders for mortar removal, and the employer did not provide a medical evaluation.
Recent events (2)
- — I (S) $0
- — Z (S) $0
1910.134 F01
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $0 · Current $0
General-duty citation text
29 CFR 1910.134(f)(1) as required by 1926.103: The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): Site - On or about August 29, 2023, employees were required to wear respirators while using handheld grinders for mortar removal, and the employer did not ensure employees passed an appropriate fit test.
Recent events (2)
- — I (S) $0
- — Z (S) $0
1910.134 K
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $0 · Current $0
General-duty citation text
29 CFR 1910.134(k) as required by 1926.103: The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary: Site - On or about August 29, 2023, employees were required to wear respirators while using handheld grinders for mortar removal, and the employer did not provide respirator training.
Recent events (2)
- — I (S) $0
- — Z (S) $0
1926.1153 C01
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $3,349 · Current $0 Reduced
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: Site - On or about August 29, 2023, employees were using handheld grinders for mortar removal in excess of 4 hours, and the employer did not ensure respirators with a minimum assigned protection factor of 25 were worn.
Recent events (2)
- — I (S) $0
- — Z (S) $3349
1926.1153 G01
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $0 · Current $0
General-duty citation text
29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan: Site - On or about August 29, 2023, employees were using handheld grinders for mortar removal in excess of 4 hours, and the employer did not establish a written exposure control plan.
Recent events (2)
- — I (S) $0
- — Z (S) $0
1926.1153 H01 I
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $0 · Current $0
General-duty citation text
29 CFR 1926.1153(h)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year: Site - On or about August 29, 2023, the employer did not ensure that medical surveillance was made available to employees exposed to silica and required to use a respirator for more than 30 days per year.
Recent events (2)
- — I (S) $0
- — Z (S) $0
1926.1153 I01
- Issued
- Nov 30, 2023
- Abate by
- Jan 4, 2024
- Penalty
- Initial $0 · Current $0
General-duty citation text
29 CFR 1926.1153(i)(1): The employer did not ensure that each employee is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section: Site - On or about August 29, 2023, employees were using handheld grinders for mortar removal, and the employer did not ensure that training was provided on the health hazards associated with silica.
Recent events (2)
- — I (S) $0
- — Z (S) $0
More inspections at TOM Ahern, LLC
View TOM Ahern, LLC's full OSHA safety record →
More inspections in this industry (NAICS 238140)
More inspections in NH
Source
This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 346943426.
Look up any company's OSHA accident reports by company, or browse severe injury reports by year, state, and company.