OSHA Inspection: TRI STATE CHIMNEY & MASONRY SERVICE INC.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $4,688 · Current $2,350 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1): 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 (Construction Reference 1926.103):  101 Highland Ave, Holden MA: On or about 9/5/23, an employee was wearing the employer-required Honeywell full-face respirator while grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not establish and implement a written respiratory protection program.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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)  Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  101 Highland Ave, Holden MA: On or about 9/5/23, an employee was wearing the employer-required Honeywell full-face respirator while grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not provide a medical evaluation.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(1):  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):  (Construction Reference 1926.103)  101 Highland Ave, Holden MA: On or about 9/5/23, an employee was wearing the employer-required Honeywell full-face respirator while grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not ensure that employees passed the appropriate fit test.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k):  The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary (Construction Reference 1926.103):  101 Highland Ave, Holden MA: On or about 9/5/23, an employee was wearing the employer-required Honeywell full-face respirator while grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not provide comprehensive training annually and/or more often if necessary.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $2,679 · Current $0 Reduced

Hazardous substances 9000

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):  101 Highland Ave, Holden MA: On or about 9/5/23, an employee was grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $4,688 · Current $2,350 Reduced

Hazardous substances 9000

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.  101 Highland Ave, Holden MA: On or about 9/5/23, an employee was grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not implement the engineering controls and  work practices specified for the task on Table 1.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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:   101 Highland Ave, Holden MA: On or about 9/5/23, an employee was grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not assess the exposure of each employee who may reasonably be expected to be exposed to respirable crystalline silica at or above the action level.

Issued

Jan 11, 2024

Abate by

Mar 29, 2024

Penalty

Initial $2,679 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1):  The employer did not establish and implement a written exposure control plan:  101 Highland Ave, Holden MA: On or about 9/5/23, an employee was grinding out chimney mortar which contained 20% silica (quartz, total), and the employer did not establish and implement a written exposure control plan.