OSHA Inspection: ACT PLUMBING

Issued

Nov 27, 2024

Penalty

Initial $4,839 · Current $0 Reduced

General-duty citation text

29 CFR  1910.134(d)(1)(iii):The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH.  a) On or about September 25, 2024, at the jobsite located at 4700 Beechwood Rd Cincinnati, OH, the employer did not evaluate employee exposure to carbon monoxide and respirable crystalline silica prior to them working inside a residential apartment complex with a gas-powered Husqvarna K770 Power Cutter and  an electric Bosch BH2770VC Turbo Jackhammer with a gas-powered generator to cut silica containing concrete floor.

Issued

Nov 27, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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.  a) On or about September 25, 2024, at the worksite located at 4700 Beechwood Rd, Cincinnati, Ohio 45244, the employer did not assess the exposure of employees to respirable crystalline silica, who were operating a Bosch BH2770VC Turbo Jackhammer and a Husqvarna K770 Power cutter, while cutting concrete floors indoors, by using either the performance option or scheduled monitoring option

Issued

Nov 27, 2024

Abate by

Feb 14, 2025

Penalty

Initial $4,839 · Current $2,500 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the requirements of 1910.1200(e)(1)(i) and (e)(1)(ii).  a)On or about September 25, 2024, the employer had not developed, implemented, or maintained a written hazard communication program for employees exposed to chemicals and gases, such as but limited to Carbon monoxide (asphyxiant) and respirable crystalline Silica (carcinogen).

Issued

Nov 27, 2024

Abate by

Feb 14, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 05609000

General-duty citation text

29 CFR  1910.1200(h)(1):Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  a)On or about September 25, 2024, the employer did not train employees on chemicals and  poisonous gases in their work area, such as but limited to Carbon monoxide (asphyxiant) and respirable crystalline Silica (carcinogen) generated by the gas-powered Husqvarna K770 Power Cutter and Bosch BH2770VC Turbo Jackhammer powered by a gas generator to cut concrete indoors.

Issued

Nov 27, 2024

Abate by

Feb 14, 2025

Penalty

Initial $0 · Current $0

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; and  a) On or about September 25, 2024, the employer had not trained or provided employees with the information required by this section prior to allowing them to use a Husqvarna K770 Power Cutter and Bosch BH2770VC Turbo Jackhammer, to cut concrete floor indoors to install plastic drain pipe.

Issued

Nov 27, 2024

Penalty

Initial $4,839 · Current $0 Reduced

Hazardous substances 9000

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.  a)	On or about September 25, 2024, at the jobsite located at 4700 Beechwood Rd. Cincinnati, Ohio 45244, the employer had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) when using a Husqvarna K770 Power Cutter indoors, in that an integrated water delivery system that continuously fed water to the blade was not used, and employees were not using respiratory protection.   b)	On or about September 25, 2204, at the jobsite located at 4700 Beechwood Rd. Cincinnati, Ohio 45244, the employer had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(x) when using a Bosch BH2770VC Turbo Jackhammer indoors, in that a water deliver or dust collection system was not used, and employees were not using respiratory protection.

Issued

Nov 27, 2024

Abate by

Feb 14, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(1)(ii):  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: For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1.  a) On or about September 25, 2024, the employer did not ensure employees were utilizing respiratory protection and had not implemented the engineering controls specified in 29 CFR 1926.1153(c)(1)(ii) for using a Husqvarna K770 Power Cutter and Bosch BH2770VC Turbo Jackhammer indoors, in that, the employer had not ensured employees were using respiratory protection while cutting concrete floors (containing crystalline silica) indoors to install plastic drain pipe.

Issued

Nov 27, 2024

Abate by

Feb 14, 2025

Penalty

Initial $4,839 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1):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 September 25, 2024, the employer had not established and implemented a written silica exposure control plan for employees exposed to respiratory crystalline silica while cutting concrete floor indoors to install plastic drain pipe.