OSHA Inspection: JAMES O'BRIEN & CO.

Issued

Apr 29, 2024

Abate by

May 22, 2024

Penalty

Initial $11,292 · Current $1,613 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(c)(1): For each employee engaged in a task identified in 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.  a) On or about December 14, 2023 at 740 Rosewood Avenue, Winnetka, IL  60093,  James O'Brien & Co dba O'Brien Landscape did not fully and properly implement engineering controls and work practices, as specified in Table 1 when using a Stihl TS 410 power cutter saw to the curb of the sidewalk containing up to 9% of respirable crystalline silica (Quartz) without equipping the tool with a water delivery system that supplies a continuous stream or spray of water at the point of impact or a tool equipped with a commercially available shroud and dust collection system.

Issued

Apr 29, 2024

Abate by

May 22, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

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:  a) On or about December 14, 2023 at 740 Rosewood Avenue, Winnetka, IL 60093,  James O'Brien & Co dba O'Brien Landscape did not assess the exposure to respirable crystalline silica of an employee cutting the curb of a sidewalk containing up to 9% respirable crystalline silica (Quartz).

Issued

Apr 29, 2024

Abate by

Jul 12, 2024

Penalty

Initial $11,292 · Current $11,292

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(g)(1): The employer did not  establish and implement a written exposure control plan that consists of at least the following elements:  (i) A description of the tasks in the workplace that involve exposure to respirable crystalline silica; (ii) A description of the engineering controls used to limit employee exposure to respirable crystalline silica for each task; (iii) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica ; and (iv)  A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure.  a)   On or about December 14, 2023, at 747 Rosewood Avenue, Winnetka, IL, 60093, James O'Brien & Co dba O'Brien Landscape did not develop and implement a Silica Exposure Control Plan with an accurate description of all the tasks in the workplace that involved exposure to respirable crystalline silica. Exposure for this jobsite occurred when an employee used a Stihl TS 410 power cutter saw to cut the curb of the sidewalk containing up to 9% respirable crystalline silica (Quartz).

Issued

Apr 29, 2024

Abate by

May 23, 2024

Penalty

Initial $1,613 · Current $1,613

General-duty citation text

29 CFR  1904.41(a)(1): The establishment had 20 or more employees at any time during the previous calendar year, and the establishment was classified in an industry listed in appendix A to subpart E of this part, and the employer did not electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee by the specified date:   a) On or about April 25, 2024, the employer failed to electronically submit information from their OSHA Form 300A or equivalent for calendar year 2023 by March 2, 2024. The establishment employed 30 employees and was classified with NAICS code 561730 during calendar year 2023.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.