OSHA Inspection: 5D CONSTRUCTION LLC

Issued

Jul 8, 2024

Abate by

Jul 18, 2024

Penalty

Initial $2,765 · Current $1,659 Reduced

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: (Construction Reference 1926.103)(a):  A written respiratory program was not developed for employees required to wear N95 respirators while performing grinding and stick welding duties. Employees were exposed to respiratory hazards.

Issued

Jul 8, 2024

Abate by

Jul 18, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1):  The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: (Construction Reference 1926.103)(a):  At least two employees were required to use a N95 disposable particulate filtering facepiece respirator were not medically cleared prior to use. Employees were exposed to respiratory hazards.

Issued

Jul 8, 2024

Abate by

Jul 18, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested whenever a different respirator facepiece (size, style, model or make) was used: (Construction Reference 1926.103)(a):  At least two employees were required to use an N95 disposable particulate filtering facepiece respirator without being fit tested for a proper fit and seal prior to use. Employees were exposed to respiratory hazards.

Issued

Jul 8, 2024

Penalty

Initial $2,765 · Current $1,659 Reduced

General-duty citation text

29 CFR  1926.303(b)(1): Grinding machines were not equipped with safety guards in conformance with the requirements of ANSI B7.1-1970, Safety Code for the Use, Care, and Protection of abrasive wheels, and paragraph (d) of this section.  Main Entrance Arch: An employee was using an unguarded DWE4011 4-1/2" DeWalt Angle Grinder to grind the rust off the existing main beam. The employee was exposed to laceration hazards.

Issued

Jul 8, 2024

Penalty

Initial $5,531 · Current $3,319 Reduced

General-duty citation text

29 CFR 1926.451(b)(1): Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451(b)(1)(i)-(ii):  Left side of the building adjacent to the main entrance doors/underneath the arch: Employees used a 13.3-foot mobile scaffold that was not fully planked to access the work area on top of the arch, install structural beams, and perform painting duties. Employees were exposed to fall hazards.

Issued

Jul 8, 2024

Penalty

Initial $5,531 · Current $3,319 Reduced

General-duty citation text

29 CFR 1926.451(g)(4)(i): Guardrail systems were not installed along all open sides and ends of platforms before being released for use by employees other than erection/dismantling crews:  Left side of the building adjacent to the main entrance doors/underneath the arch: Employees used a 13.3-foot mobile scaffold that did not have guardrails along all open sides and ends of the work platform to access the work area on top of the arch, install structural beams, and perform painting duties. Employees were exposed to fall hazards.

Issued

Jul 8, 2024

Penalty

Initial $5,531 · Current $3,319 Reduced

General-duty citation text

29 CFR  1926.452(w)(2): Scaffold casters and wheels were not locked with positive wheel and/or wheel and swivel locks, or equivalent means, to prevent movement of the scaffold while the scaffold was used in a stationary manner:  Left side of the building adjacent to the main entrance doors/underneath the arch: Employees used an 13.3-foot mobile scaffold with the wheels unlocked to access the work area on top of the arch, install structural beams, and perform painting duties. The employee was exposed to fall hazards.

Issued

Jul 8, 2024

Penalty

Initial $6,452 · Current $4,516 Reduced

General-duty citation text

29 CFR 1926.501(b)(1): Each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.  Main Entrance Arch: Employees that were performing restoration tasks such as welding, grinding and housekeeping tasks on top of the arch which was 15-feet at the lower part and 20-feet at the top, were not protected from falling. The employees were exposed to fall hazards.

Issued

Jul 8, 2024

Abate by

Jul 18, 2024

Penalty

Initial $4,610 · Current $2,766 Reduced

General-duty citation text

29 CFR  1926.502(d)(6)(i): Unless the snaphook is a locking type and designed for the following connections, snaphooks shall not be engaged directly to webbing, rope or wire rope:   Diesel Powered Boom Lift: A snap hook not designed for tie back attachment was engaged directly onto the shock absorbing lanyard webbing. Employees were exposed to fall hazards.

Issued

Jul 8, 2024

Abate by

Jul 18, 2024

Penalty

Initial $518 · Current $311 Reduced

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: (Construction Reference: 1926.59)(a):  A written HAZCOM program was not developed for employees required to work with hazardous chemicals such as Klean Strip Paint Thinner, Zinsser Cover Stain Primer, 7-Line Int./Ext. Gloss Alkyd (green), 7-Line Int./Ext. Gloss Alkyd (yellow), Lincoln Electric E6011 Fleetweld 180-RSP, and Rust Converting Metal Primer that were in use at the jobsite. Employees were exposed to chemical hazards.

Issued

Jul 8, 2024

Abate by

Jul 18, 2024

Penalty

Initial $518 · Current $311 Reduced

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s):  Copies of the safety data sheets were not maintained onsite for hazardous chemicals to include Klean Strip Paint Thinner, Zinsser Cover Stain Primer, 7-Line Int./Ext. Gloss Alkyd (green), 7-Line Int./Ext. Gloss Alkyd (yellow), Lincoln Electric E6011 Fleetweld 180-RSP, and Rust Converting Metal Primer that were in use at the jobsite. Employees were exposed to chemical hazards.