OSHA Inspection: ERIE CONSTRUCTION MID-WEST, LLC

Issued

Mar 29, 2024

Abate by

Apr 26, 2024

Penalty

Initial $9,218 · Current $9,218

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(1):  The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects:   On or about November 30, 2023, the employer did not include respirable crystalline silica in their hazard communication program and did not provide access to SDSs for respirable crystalline silica generated during concrete breaking. The employer did not provide training to employees on the health hazards of cancer, lung effect, immune system effects, and kidney effects related to exposure to respirable crystalline silica produced during while breaking portions of a concrete basement floor with an electric jackhammer.

Issued

Mar 29, 2024

Abate by

Apr 26, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1200(h)(1):  Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets: (Construction Reference: 1926.59)  On or about November 30, 2023, the employer did not provide employees with effective information on hazardous chemicals in their work areas at the time of their initial assignment.  Employees were not informed of the physical and health hazards of the chemicals they worked with, the requirements of this section, methods/observations they may use to detect the presence of a hazardous chemical, or the protective measures (controls, work practices, and PPE) necessary to protect them from those hazardous chemicals.

Issued

Mar 29, 2024

Abate by

Apr 26, 2024

Penalty

Initial $9,218 · Current $9,218

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 shall 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:  On or about November 30, 2023, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for utilizing a jackhammer to break concrete indoors. The employer did not assess the exposure of an employee to respirable crystalline silica in accordance with paragraph (d) of this section.

Issued

Mar 29, 2024

Abate by

Apr 26, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(2)(i):  The employer shall assess the exposure of each employee who is 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:  On or about November 30, 2023, the employer did not assess the exposure of each employee who was, or may have been, reasonably expected to be exposed to respirable crystalline silica at or above the action level. The employer did not assess employee exposures based on air monitoring or objective data when employees were using a jackhammer to break concrete indoors.

Issued

Mar 29, 2024

Abate by

Apr 26, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(e)(1)(ii): Respiratory protection was not provided for tasks not listed in Table 1, or where the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:   On or about November 30, 2023, the employer did not provide employees with respirators when they were exposed to airborne respirable crystalline silica while breaking concrete indoors with a jackhammer.