OSHA Inspection: APEL CONSTRUCTION SERVICES, INC

Issued

Jun 25, 2024

Abate by

Jul 22, 2024

Penalty

Initial $8,067 · Current $4,000 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) In the fabrication area, the employer did not establish and implement a written respiratory protection program with worksite specific procedures for employees exposed to respirable crystalline silica above the permissible exposure limit during stone product fabrication.

Issued

Jun 25, 2024

Abate by

Oct 25, 2024

Penalty

Initial $0 · Current $0

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 ug/m3, calculated as an 8-hour TWA:  (a) In the fabrication area, a fabricator was exposed to respirable crystalline silica at an 8-hour time-weighted average (TWA) concentration of  67 micrograms per cubic meter (ug/m3) of air.  Sampling was performed for 465 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.

Issued

Jun 25, 2024

Abate by

Oct 25, 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) In the fabrication area, the employer did not establish and implement a written respiratory protection program with worksite specific procedures for employees exposed to respirable crystalline silica above the permissible exposure limit during stone product fabrication.

Issued

Jun 25, 2024

Abate by

Jul 22, 2024

Penalty

Initial $8,067 · Current $4,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(1): 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) or the scheduled monitoring option in paragraph (d)(3) of this section:  (a) In the fabrication area, the employer did not assess the exposure of each employee who was, or could reasonably have been expected to be, exposed to respirable crystalline silica at or above the action level of 25 ug/m3, calculated as an 8-hour time-weighted average, during stone product fabrication.

Issued

Jun 25, 2024

Abate by

Jul 22, 2024

Penalty

Initial $0 · Current $0

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) In the fabrication area, the employer did not establish a regulated area by demarcation and posting signs where employees were exposed to respirable crystalline silica above the permissible exposure limit during stone product fabrication.

Issued

Jun 25, 2024

Abate by

Jul 22, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(i): The employer did not establish and implement a written exposure control plan:  (a) In the fabrication area, employees were exposed to respirable crystalline silica during stone product fabrication and the employer did not establish a written exposure control plan that included the following: a description of the tasks in the workplace that involve exposure to respirable crystalline silica; a description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; and a description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.

Issued

Jun 25, 2024

Abate by

Oct 25, 2024

Penalty

Initial $0 · Current $0

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) In the fabrication area, the employer did not make medical surveillance available to employees who were exposed to respirable crystalline silica at concentrations greater than the action level of 25 micrograms per cubic meter of air (ug/m3), as an 8-hour time-weighted average, during stone product fabrication.

Issued

Jun 25, 2024

Abate by

Jul 22, 2024

Penalty

Initial $8,067 · Current $4,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer did not ensure that each employee had access to safety data sheets, and was trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer did not ensure that at least the following hazards were addressed: Cancer, lung effects, immune system effects, and kidney effects:  (a) In the fabrication area, employees were exposed to respirable crystalline silica during stone product fabrication, and the employer did not include respirable crystalline silica in a hazard communication program.  Employees did not have access to safety data sheets and were not trained on the health effects of respirable crystalline silica and the contents of 29 CFR 1910.1053.

Issued

Jun 25, 2024

Abate by

Jul 22, 2024

Penalty

Initial $0 · Current $0

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:  (a) In the fabrication area, the employer did not develop, implement, and maintain a written hazard communication program for employees who were exposed to hazardous chemicals during stone product fabrication, including, but not limited to, respirable crystalline silica.

Issued

Jun 25, 2024

Abate by

Aug 12, 2024

Penalty

Initial $16,134 · Current $12,000 Reduced

Hazardous substances 8111

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 1910.95(c) through (o) whenever employee noise exposures equaled or exceeded an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:  (a) In the fabrication area, a fabricator was exposed to noise levels at 80.39% of the permissible 8-hour TWA (90 dBA). The equivalent dBA level of 80.39% is approximately 88.4 dBA. Sampling was performed for 469 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.  (b) In the fabrication area, a fabricator was exposed to noise levels at 90.80% of the permissible 8-hour TWA (90 dBA). The equivalent dBA level of 90.80% is approximately 89.2 dBA. Sampling was performed for 488 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.  (c) In the fabrication area, a fabricator was exposed to noise levels at 88.48% of the permissible 8-hour TWA (90 dBA). The equivalent dBA level of 88.48% is approximately 89.1 dBA. Sampling was performed for 480 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.  (d) In the fabrication area, a fabricator was exposed to noise levels at 121.7% of the permissible 8-hour TWA (90 dBA). The equivalent dBA level of 121.7% is approximately 91.4 dBA. Sampling was performed for 496 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.  (e) In the fabrication area, a fabricator was exposed to noise levels at 92.91% of the permissible 8-hour TWA (90 dBA). The equivalent dBA level of 92.91% is approximately 89.4 dBA. Sampling was performed for 481 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.  (f) In the fabrication area, a fabricator was exposed to noise levels at 108.5% of the permissible 8-hour TWA (90 dBA). The equivalent dBA level of 108.5% is approximately 90.6 dBA. Sampling was performed for 472 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.  (g) In the fabrication area, a fabricator was exposed to noise levels at 86.90% of the permissible 8-hour TWA (90 dBA). The equivalent dBA level of 86.90% is approximately 88.9 dBA. Sampling was performed for 482 minutes during one shift on February 23, 2024.  Zero exposure was assumed for the unsampled time.  Apel Construction Services, Inc. dba il granito was previously cited for a violation of this occupational safety and health standard, 29 CFR  1910.95(c)(1), which was contained in OSHA inspection number 1612719, citation number 1, item number 1, and was affirmed as a final order on December 5, 2022, with respect to a workplace located at 10551 Goodnight Lane, Suite A, Dallas, Texas 75220.