OSHA Inspection: HENRY BRICK COMPANY, INC.

Issued

Feb 20, 2024

Abate by

Apr 30, 2024

Penalty

Initial $11,292 · Current $5,759 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:  a) Shale Area and Mixing area; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear N95 respirators in the workplace without the employer establishing and implementing a written respiratory protection program with worksite-specific procedures.  b) Brick Face Saw Area; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear N95 respirators in the workplace without the employer establishing and implementing a written respiratory protection program with worksite-specific procedures.

Issued

Feb 20, 2024

Abate by

Apr 30, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(2): Where respirator use was required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  a) Shale Area, Brick Face Saw Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto; the employer exposed employees to respiratory hazards in that employees performed work in an area requiring employees to use respirators to reduce exposure to respirable Silica without having a respiratory protection program meeting the requirements of 29 CFR 1910.134 in place.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

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:  a) Shale Area and Mixing area; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear a tight-fitting N95 negative pressure respirator without first being medically evaluated to ensure the employees were medically able to wear a negative pressure respirator.  b) Brick Face Saw Area; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear a tight-fitting N95 negative pressure respirator without first being medically evaluated to ensure the employees were medically able to wear a negative pressure respirator.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

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):  a) Shale Area and Mixing area; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear N95 negative pressure respirators without first being fit tested.  b) Brick Face Saw Area; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear N95 negative pressure respirators without first being fit tested.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:  a) Shale Area and Mixing areas; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear N95 negative pressure respirators without first being provided training as required by the standard.  b) Brick Face Saw Area; On or about August 31, 2023: the employer exposed employees to respiratory hazards in that employees were required to wear N95 negative pressure respirators without first being provided training as required by the standard.

Issued

Feb 20, 2024

Abate by

Apr 30, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

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 cmg/m3, calculated as an 8-hour TWA:  a) Shale Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto, the employer exposed employees to an airborne concentration of respirable crystalline silica in excess of 50 cmg/m3, calculated as an 8-hour time weight average (TWA). An employee removing roots from the lines and cleaning was exposed to respirable crystalline silica hazards at 57.5 micrograms per cubic meter which is approximately 1.15 times the permissible exposure level (PEL) of 50 micrograms per cubic meter. Results were based on a 523-minute sampling period.   b) Brick Face Saw Area; On or about August 31, 2023, and at times prior thereto, the employer exposed employees to an airborne concentration of respirable crystalline silica in excess of 50 cmg/m3, calculated as an 8-hour TWA. An employee operating the brick face saw was exposed to respirable crystalline silica hazards at 326 micrograms per cubic meter which is approximately 6.52 times the permissible exposure level of 50 micrograms per cubic meter. Results were based on a 499-minute sampling period.

Issued

Feb 20, 2024

Abate by

Apr 30, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(3)(i): The employer did not perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area:  a) Brick Face Saw Area; On or about August 31, 2023, and at times prior thereto, the employer failed to assess the employee cutting brick faces to determine their 8-hour TWA exposure. An employee operating the brick face saw was exposed to respirable crystalline silica hazards at 326 micrograms per cubic meter which is approximately 6.52 times the permissible exposure level of 50 micrograms per cubic meter. Results were based on a 499-minute sampling period.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(3)(iii): Where the most recent exposure monitoring indicated that employee exposures were at or above the action level but at or below the PEL, the employer did not repeat such monitoring within six months of the most recent monitoring:  a) Shale Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto, the employer exposed employees to an airborne concentration of respirable crystalline silica in excess of 50 cmg/m3, calculated as an 8-hour TWA. An employee removing roots from the lines and cleaning was exposed to respirable crystalline silica hazards at 57.5 micrograms per cubic meter which is approximately 1.15 times the permissible exposure level of 50 micrograms per cubic meter. Results were based on a 523-minute sampling period. Sampling on August 7, 2018, showed exposures over the action level and the employer did not resample within six months of the monitoring.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica was, or could have been reasonably expected to be, in excess of the PEL:  a) Brick Face Saw Area; On or about August 31, 2023, and at times prior thereto, the employer exposed employees to an airborne concentration of respirable crystalline silica in excess of 50 cmg/m3, calculated as an 8-hour TWA. An employee operating the brick face saw was exposed to respirable crystalline silica hazards at 326 micrograms per cubic meter which is approximately 6.52 times the permissible exposure level of 50 micrograms per cubic meter and the employer failed to establish a regulated area. Results were based on a 499-minute sampling period.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(2): The employer did not post signs at all entrances to regulated areas that bear the following legend:   DANGER RESPIRABLE CRYSTALLINE SILICA  MAY CAUSE CANCER  CAUSES DAMAGE TO LUNGS  WEAR RESPIRATORY PROTECTION IN THIS AREA  AUTHORIZED PERSONNEL ONLY   a) Brick Face Saw Area; On or about August 31, 2023, and at times prior thereto, the employer exposed employees to an airborne concentration of respirable crystalline silica in excess of 50 cmg/m3, calculated as an 8-hour TWA. An employee operating the brick face saw was exposed to respirable crystalline silica hazards at 326 micrograms per cubic meter which is approximately 6.52 times the permissible exposure level of 50 micrograms per cubic meter and the employer did not post the required signage. Results were based on a 499-minute sampling period.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

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, and the employer did not demonstrate that such controls are not feasible:  a) Shale Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto, the employer exposed employees to an airborne concentration of respirable crystalline silica in excess of 50 cmg/m3, calculated as an 8-hour TWA. An employee removing roots from the lines and cleaning was exposed to respirable crystalline silica hazards at 57.5 micrograms per cubic meter which is approximately 1.15 times the permissible exposure level of 50 micrograms per cubic meter and 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. Results were based on a 523-minute sampling period.   b) Brick Face Saw Area; On or about August 31, 2023, and at times prior thereto, the employer exposed employees to an airborne concentration of respirable crystalline silica in excess of 50 cmg/m3, calculated as an 8-hour TWA. An employee operating the brick face saw was exposed to respirable crystalline silica hazards at 326 micrograms per cubic meter which is approximately 6.52 times the permissible exposure level of 50 micrograms per cubic meter and 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.  Results were based on a 499-minute sampling period.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(i)(1)(i): The employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year:  a) Shale Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto, the employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. An employee shoveling spillage from the line and cleaning was exposed to respirable crystalline silica hazards at 55.21 micrograms per cubic meter which is approximately 2.2 times the action level of 25 micrograms per cubic meter.   b) Shale Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto, the employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. An employee removing roots from the lines and cleaning was exposed to respirable crystalline silica hazards at 57.5 micrograms per cubic meter which is approximately 2.3 times the action level of 25 micrograms per cubic meter.   c) Brick Face Saw Area; On or about August 31, 2023, and at times prior thereto, the employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. An employee operating the brick face saw was exposed to respirable crystalline silica hazards at 326 micrograms per cubic meter which is approximately 13 times the action level of 25 micrograms per cubic meter.

Issued

Feb 20, 2024

Abate by

Mar 19, 2024

Penalty

Initial $11,292 · Current $5,759 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(3)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the following: (A) the health hazards associated with exposure to respirable crystalline silica; (B) specific tasks in the workplace that could result in exposure to respirable crystalline silica; (C) specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; (D) the contents of this section; and, (E) the purpose and a description of the medical surveillance program required by paragraph (i) of this section:  a) Shale Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto, the employer did not provide effective training on silica to employees exposed over the action level. An employee shoveling spillage from the line and cleaning was exposed to respirable crystalline silica hazards at 55.21 micrograms per cubic meter which is approximately 2.2 times the action level of 25 micrograms per cubic meter.   b) Shale Area and Clay Prep area; On or about August 31, 2023, and at times prior thereto, the employer did not provide effective training on silica to employees exposed over the permissible exposure level. An employee removing roots from the lines and cleaning was exposed to respirable crystalline silica hazards at 57.5 micrograms per cubic meter which is approximately 1.15 times the permissible exposure level of 50 micrograms per cubic meter.   c) Brick Face Saw Area; On or about August 31, 2023, and at times prior thereto, the employer did not provide effective training on silica to employees exposed over the permissible exposure level. An employee operating the brick face saw was exposed to respirable crystalline silica hazards at 326 micrograms per cubic meter which is approximately 6.52 times the permissible exposure level of 50 micrograms per cubic meter.