OSHA Inspection: JOSEPH WAGNER DBA JOSEPH WAGNER

Issued

2025-06-23 00:00:00

Abate by

2025-08-08 00:00:00

Penalty

Initial $398.00 · Current $398.00

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:   Joseph Wagner dba Joseph Wagner, 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                                01a                                   05/02/2025  01                                01b                                   05/02/2025  01                                01c                                   05/02/2025  01                                02a                                   05/02/2025  01                                02b                                   05/02/2025  01                                03                                     05/02/2025  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET).

Issued

2025-04-08 00:00:00

Abate by

2025-05-02 00:00:00

Penalty

Initial $3547.00 · Current $3547.00

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 described how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) would be met:  a) On or about October 29, 2024, at the above addressed jobsite, the employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200 that describes at least the following:  1. Requirement for labeling of containers of hazardous chemicals,  2. Training of employees, 3. A complete list of hazardous chemicals known to be in the workplace, 4. Methods to inform employees of the hazards of non-routine tasks, and 5. Methods to inform other employer(s) of material safety data sheets availability, the labeling system, and any precautionary measures to protect employees.  Employees were exposed to hazardous chemicals while cutting bricks containing up to 9% 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

2025-04-08 00:00:00

Abate by

2025-05-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 (29 CFR 1910.1200):    a) On or about October 29, 2024, the employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (29 CFR 1910.1200).  An employee was exposed to crystalline silica when cutting concrete steps containing 9% silica (quartz) using a Stihl TS400 Cut-off Saw.  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, or written records.

Issued

2025-04-08 00:00:00

Abate by

2025-05-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1926.1153(i)(2)(i):The employer did not ensure that each covered employee could demonstrate knowledge and understanding of at least the information contained in paragraphs (A) - (F) of this section.  a) On or about October 29, 2024, at the above addressed jobsite, the employer 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 crystalline silica when cutting bricks containing up 9% 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

2025-04-08 00:00:00

Abate by

2025-05-02 00:00:00

Penalty

Initial $3547.00 · Current $3547.00

General-duty citation text

29 CFR  1926.1153(c)(1): For each employee engaged in a task identified in 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 October 29, 2024, at the above addressed jobsite, the employer did not implement engineering controls, work practices and respiratory protection specified in Table 1 for employee(s) performing cutting of concrete steps using a Stihl TS400 Cut-off Saw.  Employee(s) were exposed to dust containing up to 9% 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, or written records.

Issued

2025-04-08 00:00:00

Abate by

2025-05-02 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 October 29, 2024, at the above addressed jobsite, the employer did not assess the exposure to respirable crystalline silica of employee(s) cutting concrete steps containing up to 9% 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, or written records.

Issued

2025-04-08 00:00:00

Abate by

2025-05-02 00:00:00

Penalty

Initial $3547.00 · Current $3547.00

General-duty citation text

29 CFR  1926.1153(g)(1):The employer did not establish and implement a written exposure control plan that consists 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 October 29, 2024, at the above addressed jobsite, the employer 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 the jobsite occurred when an employees used Stihl TS400 Cut-Off Saw to cut concrete steps containing up to 9% 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, or written records.