OSHA Inspection: KIMBERLY CONSTRUCTION, LLC

Issued

Aug 18, 2025

Abate by

Sep 22, 2025

Penalty

Initial $398 · Current $398

General-duty citation text

Kimberly Construction, LLC: The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:   Kimberly Construction, LLC., 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                                   07/09/2025  01                                01b                              07/09/2025  01                                01c                                  07/09/2025  01                                01d                                07/09/2025  01                                02a                                   07/09/2025  01                                02b                                  07/09/2025  01                                02c                                   07/09/2025  01                                03                                   07/09/2025  01                                04                              07/09/2025  02                                01                                  07/09/2025  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF THE CORRECTIVE ACTION WORKSHEET).

Issued

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $4,965 · Current $4,965

Hazardous substances S103

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:  a) On or about March 14, 2025, the employer did not ensure that a written respiratory protection program was established and implemented for those employees required to wear respiratory protection. The employees were dry cutting stucco containing up 10% respirable crystalline silica  with a handheld circular saw. The employees were required to wear a HDX-N95 mask.   The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.  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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator.  a) On or about March 14, 2025,  the employer did not ensure that employees using tight-fitting facepiece respirators were fit tested prior to initial use of the respirator. Employees were required to use a HDX-N95 to dry cut stucco containing up to 10% respirable crystalline silica.   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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(k)(1):The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):  a) On March 14, 2025, Kimberly Construction, LLC did not ensure that each employee required to wear respiratory protection demonstrated knowledge why the respirator was necessary and how improper fit, usage, storage or maintenance can compromise the protective effect of the respirator. Employees were required to use a HDX-N95 when dry cutting stucco containing up to 10% respirable crystalline silica.  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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function.  a)  On or about March 14, 2025, the employer did not ensure that the employees required to use a HDX N-95 respirator did not have facial hair that interfered with the seal between the facepiece and the face.  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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $4,965 · Current $4,965

Hazardous substances S103

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 March 14, 2025, 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 stucco containing up to 10% 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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(1): The employer did not ensure that each employee is trained in accordance with the provisions of HCS and paragraph (i)(2) of this section:  a) On or about March 14, 2025, Kimberly Construction, LLC  did not include respirable crystalline silica in the program established to comply with the hazard communication standard (29 CFR 1910.1200). Employees were exposed to crystalline silica when removing house siding containing up to 10% silica.  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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $0 · Current $0

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 March 14, 2025,  at the above mentioned address,  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 identity of the competent person. Employees were exposed to crystalline silica when cutting stucco containing up 10% 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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $4,965 · Current $4,965

Hazardous substances S103

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 March 14, 2025 at the above mentioned address, Kimberly Construction LLC,. did not assess the exposure of employees to respirable crystalline silica when cutting stucco containing up to 10% 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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $4,965 · Current $4,965

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(g)(1):The employer did not established 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 March 14, 2025  at the above mentioned address, Kimberly Construction LLC. 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. Employees were exposed to dust containing up to 10% respirable crystalline silica (Quartz) when cutting stucco.  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

Jun 11, 2025

Abate by

Jul 9, 2025

Penalty

Initial $33,103 · Current $33,103

Hazardous substances S103

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 March 14, 2025 at the above mentioned address, employees of Kimberly Construction LLC. did not implement engineering controls and work practices, as specified in Table 1. Employees used a circular saw to cut stucco containing up to 10% 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.