OSHA Inspection: WACLAW CILULKO DBA AMERICAN MASONRY & SUPPLY, INC.

Issued

Jul 11, 2024

Abate by

Jul 30, 2024

Penalty

Initial $427 · Current $427

General-duty citation text

29 CFR  1903.19(d)(1): The employer did not submit to the Agency documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.  a) Waclaw Cilulko dba American Masonry, Inc., failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:  Citation Number	Item Number	Abatement Date 01	                                1a	                        5/21/2024 01	                                1b                    	5/21/2024 01	                                1c                   	5/21/2024 01	                                2a	                        5/21/2024 01	                                2b	                        5/21/2024 01                             	2c	                        5/21/2024

Issued

May 2, 2024

Abate by

May 21, 2024

Penalty

Initial $3,803 · Current $3,803

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   a) On or about January 8, 2024, at the above addressed jobsite, Waclaw Cilulko dba American Masonry & Supply, Inc. did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that includes labeling and other forms of warning, safety data sheets, and training.   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.

Issued

May 2, 2024

Abate by

May 21, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(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)   a) On or about January 8, 2024, at the above addressed jobsite, Waclaw Cilulko dba American Masonry & Supply, Inc. did not include respirable crystalline silica in the program established to comply with the hazard communication standard (29 CFR 1910.1200).  Employees were exposed to hazardous chemicals, including but not limited to, respirable crystalline silica when performing grinding of mortar during masonry work.   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.

Issued

May 2, 2024

Abate by

May 21, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica:  a) On or about January 8, 2024, at the above addressed jobsite, Waclaw Cilulko dba American Masonry & Supply, Inc.  did not ensure that each employee was trained on the health hazards associated with silica specific tasks where exposure could occur, protective measures including respiratory protection, work practices, and engineering controls, and the purpose of the medical surveillance program. Employees were exposed to hazardous chemicals, including but not limited to, respirable crystalline silica when performing grinding of mortar during masonry work.  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.

Issued

May 2, 2024

Abate by

May 21, 2024

Penalty

Initial $3,803 · Current $3,803

General-duty citation text

29 CFR  1926.1153(c)(1): For each employee engaged in a task identified on 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 January 8, 2024, at the above addressed jobsite, Waclaw Cilulko dba American Masonry & Supply, Inc. did not fully and properly implement engineering controls and work practices as specified in Table 1 when using handheld angle grinders to remove mortar containing up to 20 percent 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.  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.

Issued

May 2, 2024

Abate by

May 21, 2024

Penalty

Initial $0 · Current $0

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 January 8, 2024, at the above addressed jobsite,  Waclaw Cilulko dba American Masonry & Supply, Inc. did not assess the exposure to respirable crystalline silica of employees grinding mortar containing up to 20 percent respirable crystalline silica (Quartz).  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.

Issued

May 2, 2024

Abate by

May 21, 2024

Penalty

Initial $0 · Current $0

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 January 8, 2024, at the above addressed jobsite, Waclaw Cilulko dba American Masonry & Supply, Inc. 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 at this jobsite occurred when an employees used handheld angle grinders to remove mortar containing up to 20 percent respirable crystalline silica (Quartz).  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.