OSHA Inspection: KIMBERLY CONSTRUCTION, LLC

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $2,837 · Current $2,837

General-duty citation text

29 CFR 1926.102(a)(1): The employer did not ensure that each affected employee used appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:  a) On January 28, 2025, employees were exposed to struck-by hazards while using pneumatic nail guns and using electric power saws without wearing eye protection.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $4,965 · Current $4,965

General-duty citation text

29 CFR 1926.300(b)(1): Power operated tool(s), designed to accommodate guards, were not equipped with such guards when in use:  a) On January 28, 2025, employees operated a Rigid R4222 Miter saw with the blade guard bypassed in the up position.   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 demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.304(f): Section 4.1.9(c) American National Standards Institute 01.1-1961, Safety code for /Woodworking Machinery as adopted by 29 CFR 1926.304(f): Radial saw(s) used for ripping were not provided with anti-kickback fingers, guards, and spreaders.  a) On January 28, 2025, employees operated a table saw without the use of anti-kickback fingers.  b) On January 28, 2025, employees operated a table saw without the use of a spreader.   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 demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.304(i)(1): Each circular hand-fed rip saw was not guarded by a hood which completely enclosed that portion of the saw blade above the table and that portion of the saw above the material being cut:  a) On January 28, 2025, employees were using a circular hand-fed rip saw without guarding on the portion of the blade above the table to cut siding and trim boards.   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 demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $3,547 · Current $3,547

General-duty citation text

29 CFR 1926.451(g)(1): Employees on scaffolds more than 10 feet (3.1 m) above a lower level were not protected from falling to that lower level by fall protection established in paragraphs (g)(1)(i)-(vii) of this section:  a) On January 28, 2025, employees were working on pump jack scaffolds approximately 13 feet above the ground without fall protection.  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 demonstration that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $3,547 · Current $3,547

General-duty citation text

29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the tasks in Table 1, unless the employer assessed and limited the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) On January 28, 2025, Kimberly Construction, LLC., did not fully implement engineering controls and work practices, as specified in Table 1 of 1926.1153 when an employee was cutting fiber-cement siding and trim boards containing 30% crystalline silica.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $0 · Current $0

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 January 28, 2025, Kimberly Construction, LLC did not assess the exposure to respirable crystalline silica of an employee using a handheld electric power saw without a dust collector to cut fiber-cement siding and trim boards containing 30% crystalline silica.   b)  On January 28, 2025, Kimberly Construction, LLC did not assess the exposure to respirable crystalline silica of an employee using a table saw without engineering controls to rip cut fiber-cement siding and trim boards containing 30% crystalline silica.   c) On January 28, 2025, Kimberly Construction, LLC did not assess the exposure to respirable crystalline silica of an employee using a miter saw without engineering controls to cut fiber-cement siding and trim boards containing 30% crystalline silica.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 21, 2025

Abate by

Apr 23, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) On January 28, 2025, Kimberly Construction, LLC did not establish and implement a written silica exposure control plan that complied with the requirements of 1926.1153(g)(1)(i) through (iv) when an employee was using a handheld electric power saw without a dust collector to cut fiber-cement siding and trim boards containing 30% crystalline silica.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).