OSHA Inspection: J.P. DONOVAN CONSTRUCTION, INC.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $16,131 · Current $9,679 Reduced

General-duty citation text

29 CFR  1910.95(b)(1):When employees were subjected to sound exceeding those levels listed in Table G-16, feasible administrative controls were not utilized.  a. On or about November 21, 2023, sandblasting area, the employer did not establish and implement feasible administrative control for employees performing tasks such as, but not limited to, to clean the metal piece that has not been painted. Employees were observed working in a high noise area without personal protective equipment or any engineering controls to protect the employee from exposure to hearing loss. An employee was exposed to a noise dose of 620.5%, or an equivalent dba of 103.2 dBA, which was capable of causing permanent hearing loss. The sampling was performed during one shift for 417 minutes on February 2, 2024. Zero exposure was assumed for the remaining 63 minutes. The employer did not have feasible administrative controls and did not have a  continuing, effective hearing conservation program.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(c)(1):The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:  a. On or about November 21, 2023, sandblasting area, the employer did not establish and implement a continuing effective hearing conservation program for employees performing tasks such as, but not limited to, to clean the metal piece that has not been painted. Employees were observed working in a high noise area without personal protective equipment or any engineering controls to protect the employee from exposure to hearing loss. An employee was exposed to a noise dose of 620.5%, or an equivalent dba of 103.2 dBA, which was capable of causing permanent hearing loss. The sampling was performed during one shift for 417 minutes on February 2, 2024. Zero exposure was assumed for the remaining 63 minutes.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.95(d)(1): A representative monitoring program was not developed and implemented when information indicated that an employee's exposure may equal or exceed an 8 hour time weighted average of 85dBA.  a. On or about November 21, 2023, sandblasting area, the employer did not establish and implement a representative monitoring program for employees performing tasks such as, but not limited to, to clean the metal piece that has not been painted. Employees were observed working in a high noise area without personal protective equipment or any engineering controls to protect the employee from exposure to hearing loss. An employee was exposed to a noise dose of 620.5%, or an equivalent dba of 103.2 dBA, which was capable of causing permanent hearing loss. The sampling was performed during one shift for 417 minutes on February 2, 2024. Zero exposure was assumed for the remaining 63 minutes. The employer did not have feasible administrative controls and did not have a  continuing, effective hearing conservation program. did not belong to a noise conservation program.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.95(g)(1):The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a. On or about November 21, 2023, sandblasting area, the employer did not establish and implement audiometric testing program for employees performing tasks such as, but not limited to, removing existing old paint, rust, and lamination flakes. Employees were observed working in a high noise area without personal protective equipment or any engineering controls to protect the employee from exposure to hearing loss. An employee was exposed to a noise dose of 620.5%, or an equivalent dba of 103.2 dBA, which was capable of causing permanent hearing loss. The sampling was performed during one shift for 417 minutes on February 2, 2024. Zero exposure was assumed for the remaining 63 minutes.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.95(k)(1):The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  a. On or about November 21, 2023, sandblasting area, the employer did not train each employee exposed to noise at or above the PEL of 85 dBA PEL. Employees perform tasks such as, but not limited to, to clean the metal piece that has not been painted. Employees were observed working in a high noise area without personal protective equipment or any engineering controls to protect the employee from exposure to hearing loss. An employee was exposed to a noise dose of 620.5%, or an equivalent dba of 103.2 dBA, which was capable of causing permanent hearing loss. The sampling was performed during one shift for 417 minutes on February 2, 2024. Zero exposure was assumed for the remaining 63 minutes.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $11,524 · Current $6,914 Reduced

General-duty citation text

29 CFR  1910.106(b)(6): Sources of ignition were not eliminated or controlled where the presence of flammable vapors was possible:   a. On or about November 21, 2023, paint area; employees were exposed to burn hazards, in that, a painter was working near flammable paints such as, but not limited to Carbozinc II HS Base, Zinc Filler Type II and Thinner 33 Clear 0910, with a lit cigarette.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $11,524 · Current $6,914 Reduced

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. On or about November 21, 2023, Paint Area: employees were exposed to respiratory hazards, in that, an employees performing spray painting on steel and aluminum parts using a 3M 6001 Half Face respirator was not fit tested prior to initial use of the respirator and at least annually thereafter.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $0 · Current $0

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)   a. On or about November 21, 2023, Paint area: employees were exposed to respiratory hazards, in that, an employees performing spray painting on steel and aluminum parts using a 3M 6001 Half Face respirator was did not provided with a medical evaluation to determine the employee's ability to use a respirator before the employee was required to use the respirator in the workplace place.

Issued

May 14, 2024

Abate by

Jul 2, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(i)(5)(iii): The employer did not ensure that the compressor's sorbent bed and filters were maintained and replaced or refurbished periodically as instructed by the manufacturer.  a. On or about November 21, 2023, sandblasting area: Employees conducting sandblasting operations were exposed to respiratory hazards, in that, the employer did not ensure that the compressor sorbent bed and filter were maintained and replaced or refurbished  periodically as instructed by the manufacturer.