OSHA Inspection: EGC CONSTRUCTION CORP

Issued

Jul 23, 2024

Abate by

Sep 9, 2024

Penalty

Initial $10,372 · Current $7,500 Reduced

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; (vi) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying 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;   a) On or about March 18, 2024, at Resilience US, Inc., 8814 Trade Port Drive, Hamilton, Ohio 45011 at fill 5, EGC did not establish and implement an adequate written respiratory program with worksite-specific procedures for employees who were required to wear a 3M 8511 N95 Respirator to perform work including but not limited to indoor concrete cutting using the Hilti DCH 300X electric cutter handheld wet saw with a 12-inch blade and jackhammering the concrete. The written respirator program did not include adequate worksite-specific procedures for the selection and use of respirators, medical evaluations, fit test procedures, employee training, or procedures on how to clean the respirators.

Issued

Jul 23, 2024

Abate by

Sep 9, 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 March 18,  2024, at Resilience US, Inc., 8814 Trade Port Drive, Hamilton, Ohio 45011 at fill 5, EGC 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)(ii) and (x) for employees who were operating a handheld concrete cutting saw using the Hilti DCH 300X electric cutter handheld wet saw with a 12-inch blade indoors and while wet jackhammering indoors was performed, which exposed employees to respirable crystalline silica. The employer provided a voluntary use respirator which had not been fit tested, the 3M 8511 N95 respirator and explained that it was not mandatory to wear it, and that they were not required by the standard to wear a respirator.

Issued

Jul 23, 2024

Abate by

Sep 9, 2024

Penalty

Initial $14,518 · Current $7,500 Reduced

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  (ii) Handheld power saws (any blade diameter) 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. (x) Jackhammers and handheld powered chipping tools used indoors and use tool with water delivery system that supplies a continuous stream or spray of water at the point of impact    a) On or about March 18,  2024, at Resilience US, Inc., 8814 Trade Port Drive, Hamilton, Ohio 45011 at fill 5, EGC had employees operating a handheld concrete cutting saw using the Hilti DCH 300X electric cutter handheld wet saw with a 12-inch blade indoors and wet jackhammering concrete slab while indoors without fully and properly implementing 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)(ii) and (x) per Table 1 or assessed and limited in accordance with paragraph (d) of this section.

Issued

Jul 23, 2024

Abate by

Sep 9, 2024

Penalty

Initial $10,372 · Current $0 Reduced

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 March 18,  2024, at Resilience US, Inc., 8814 Trade Port Drive, Hamilton, Ohio 45011 at fill 5, the employer, EGC, 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 handheld concrete cutting saw using the Hilti DCH 300X electric cutter handheld wet saw with a 12-inch blade while indoors and for an employee who was jackhammering concrete slab while indoors.

Issued

Jul 23, 2024

Penalty

Initial $10,372 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1153(i)(2)(i): Employee information and training. The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following: (A) The health hazards associated with exposure to respirable crystalline silica; (B) Specific tasks in the workplace that could result in exposure to respirable crystalline silica; (C) Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; (D) The contents of this section; (E) The identity of the competent person designated by the employer in accordance with paragraph (g)(4) of this section;   a) On or about March 18,  2024, at Resilience US, Inc., 8814 Trade Port Drive, Hamilton, Ohio 45011 at fill 5, the employer, EGC, did not ensure that employees demonstrated knowledge and understanding of 1926.1153(i)(2)(i)(A) through (E) for the employing filling out the JHA Concrete Demolition on how the work was to be performed and for an employee operating a handheld concrete cutting saw using the Hilti DCH 300X electric cutter handheld wet saw with a 12-inch blade while indoors.