OSHA Inspection: MAHER CONCRETE CUTTING INC

Issued

Jul 17, 2024

Abate by

Aug 21, 2024

Penalty

Initial $4,839 · Current $4,839

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable: (I) Procedures for selecting respirators for use in the workplace; (ii) Medical evaluations of employees required to use respirators; (iii) Fit testing procedures for tight-fitting respirators; (iv) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; (v) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; (vii) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; (viii) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and (ix) Procedures for regularly evaluating the effectiveness of the program.   a) On or about February 29, 2024, at Hydro Systems Company, 3798 Round Bottom Road, Newtown, OH 45244, Maher Concrete Cutting, Inc., did not establish and implement a written respiratory program addressing sections 29 CFR 1910.134(c)(1)(i)-(v) and (vii)-(ix)  with worksite-specific procedures for employees who were required to perform work including but not limited to indoor concrete cutting using the Diamond Products CC3700E Walk Behind Wet Saw fitted with a 26-inch circular blade which exposed employees to respirable crystalline silica.

Issued

Jul 17, 2024

Abate by

Aug 21, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(e)(1): Respirable crystalline silica. Respiratory protection-General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required: (I) Where specified by Table 1 of paragraph (c) of this section;    a) On or about February 29, 2024, inside the building at Hydro Systems Company, 3798 Round Bottom Road, Newtown, OH 45244, inside a 9-feet by 9-feet plastic enclosure at the dock and inside a plastic enclosure behind the dock, Maher Concrete Cutting Inc. did not require the use of a respirator with an assigned protection factor (APF) of 10 for exposures to respirable crystalline silica, per 29 CFR 1926.1153(c)(1)(iv), for an employee who was operating a Diamond Products CC3700E Walk Behind Wet Saw fitted with a 26-inch circular blade for indoor concrete cutting tasks.

Issued

Jul 17, 2024

Abate by

Aug 21, 2024

Penalty

Initial $4,839 · Current $4,839

General-duty citation text

29 CFR  1926.1153(c)(1): Specified exposure control methods. 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. Table 1 Specified Exposure Control Methods  When Working With Materials Containing Crystalline Silica for Equipment/Task (iv) Walk-behind saws used indoors with an integrated water delivery system feeding water continuously to the blade which is used for less than 4 hours a respirator with an assigned protection factor (APF) of 10 is required at minimum.  a) On or about February 29, 2024, inside the building at Hydro Systems Company, 3798 Round Bottom Road, Newtown, OH 45244, inside a 9-feet by 9-feet plastic enclosure at the dock and inside a plastic enclosure behind the dock, the employer, Maher Concrete Cutting Inc, had an employee operating a Diamond Products CC3700E Walk Behind Wet Saw with a 26-inch circular saw blade while cutting concrete and did not fully and properly implement the respiratory protection for respirable crystalline silica specified for the equipment and task in that no respirator was provided per the requirements of 1926.1153(c)(1)(iv) Table 1 nor had the employer assessed and limited the exposure in accordance with paragraph (d) of this section.

Issued

Jul 17, 2024

Abate by

Aug 21, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1153(d)(2)(i): General. 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. (d)(2)(ii) Performance option. The employer shall assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica. (d)(2)(iii)(A) Scheduled monitoring option. The employer shall perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area. Where several employees perform the same tasks on the same shift and in the same work area, the employer may sample a representative fraction of these employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) who are expected to have the highest exposure to respirable crystalline silica.  a) On or about February 29, 2024, inside the building at Hydro Systems Company, 3798 Round Bottom Road, Newtown, OH 45244, inside a 9-feet by 9-feet plastic enclosure at the dock and inside a plastic enclosure behind the dock, the employer, Maher Concrete Cutting Inc, did not assess the exposure of employees to respirable crystalline silica, who were operating a Diamond Products CC3700E Walk Behind Wet Saw with a 26-inch circular saw blade to cut concrete indoors, by using air monitoring data, objective data, or scheduled air monitoring.

Issued

Jul 17, 2024

Abate by

Aug 21, 2024

Penalty

Initial $4,839 · Current $4,839

General-duty citation text

29 CFR  1926.1153(g)(1): Respirable Crystalline Silica. Written exposure control plan. The employer shall establish and implement a written exposure control plan that contains 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, work practices, and respiratory protection 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, including exposures generated by other employers or sole proprietors.   a) On or about February 29, 2024, inside the building at Hydro Systems Company, 3798 Round Bottom Road, Newtown, OH 45244, inside a 9-feet by 9-feet plastic enclosure at the dock and a plastic enclosure behind the dock, Maher Concrete Cutting Inc. did not establish and implement a written exposure control plan for respirable crystalline silica per CFR 1926.1153(g)(1)(i) through (iv) for an employee operating a Diamond Products CC3700E Walk Behind Wet Saw fitted with a 26-inch circular saw blade, who was cutting concrete.