OSHA Inspection: MID-CONTINENTAL RESTORATION CO., INC.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $16,550 · Current $9,344 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1910.134(d)(3)(i)(B)(1): The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration (Construction Reference 1926.103).  On or about March 20, 2025, and at times prior, located in the basement, employees were required to wear a full face respirator that did not maintain employee exposure to respirable crystalline silica at or below the maximum use concentration when measured outside the respirator.

Issued

Sep 18, 2025

Abate by

Dec 15, 2025

Penalty

Initial $16,550 · Current $0 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1910.134(d)(3)(iii)(B)(2): The employer did not implement a change schedule for respirators not equipped with an End of Service Life Indicator ESLI that would ensure cartridges were changed before the end of their service life (Construction Reference 1926.103(a)).  On or about March 20, 2025, and at times prior, located in the basement, a respirator cartridge change schedule based on objective data was not implemented for employees who were required to wear respirators with respirator cartridges while using grinders and jack hammers on concrete.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $16,550 · Current $9,344 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested (Construction Reference 1926.103).  On or about March 20, 2025, and at times prior, respirator fit testing was not provided to employees who are required to wear a tight-fitting full-face respirator when using grinders and jackhammers on concrete.

Issued

Sep 18, 2025

Abate by

Oct 15, 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 (Construction Reference 1926.103).  On or about March 20, 2025, and at times prior, located in the basement, employees performed concrete grinding operations that contained respirable crystalline silica while wearing a tight-fitting respirator were permitted to have facial hair between the sealing surface of the tight-fitting respirator facepiece and the face.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $16,550 · Current $9,344 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.55(a)(2): An employee's exposure, as determined from breathing-zone air samples, to any substance in Table 1 or 2 of this section with a permissible exposure limit not preceded by (C) must not exceed the limit specified for that substance measured as an 8-hour time-weighted average in any work shift.  During concrete grinding operations on crystalline silica containing building materials, employees were exposed to an airborne concentration of respirable dust which exceeded 5 milligrams per cubic meter of air, as an 8-hour time-weighted average as follows:  a.) On or about March 24, 2025, located in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable dust was 116.15 milligrams per cubic meter of air when using a jackhammer to cut out the cracks on the concrete floor. This exposure exceeded the OSHA respirable dust PEL of 5 milligrams per cubic meter of air by 23.23 times. The monitoring consisted of one sample collected during a 147-minute sampling period and one sample collected during a 259-minute sampling period. The remaining time of 74 minutes was included in the 8-hour TWA as a zero respirable dust exposure period.   b.) On or about March 24, 2025, located in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable dust was 84.37 milligrams per cubic meter of air during concrete grinding operations while using a scaffold. This exposure exceeded the OSHA respirable dust PEL of 5 milligrams per cubic meter of air by 16.87 times. The monitoring consisted of one sample collected during a 135-minute sampling period and one sample collected during a 274-minute sampling period. The remaining time of 71 minutes was included in the 8-hour TWA as a zero respirable dust exposure period.   c.) On or about March 24, 2025, located in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable dust was 61.3 milligrams per cubic meter of air during concrete grinding operations. This exposure exceeded the OSHA respirable dust PEL of 5 milligrams per cubic meter of air by 12.26 times. The monitoring consisted of one sample collected during a 153-minute sampling period and one sample collected during a 262-minute sampling period. The remaining time of 65 minutes was included in the 8-hour TWA as a zero respirable dust exposure period.   d.) On or about March 24, 2025, located in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable dust was 36.85 milligrams per cubic meter of air during concrete grinding operations. This exposure exceeded the OSHA respirable dust PEL of 5 milligrams per cubic meter of air by 7.37 times. The monitoring consisted of one sample collected during a 154-minute sampling period and one sample collected during a 258-minute sampling period. The remaining time of 68 minutes was included in the 8-hour TWA as a zero respirable dust exposure period.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $16,550 · Current $0 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1926.55(b): Feasible administrative or engineering controls were not implemented to reduce employee exposure(s) to a substance(s) listed in Table 1 or 2 of �1926.55.  On or about March 20, 2025, and at times prior, located in the basement, the employer did not fully and properly implement engineering controls for tasks exposing employees to respirable dust in the following instances:  a.) Employees utilized grinders on the concrete walls. b.) Employees utilized a jackhammer on the concrete floor.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $7,093 · Current $5,437 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1926.451(e)(2)(ii): Hook-on and/or attachable ladders were not positioned so that their bottom rung would not be more than 24 inches (61 cm) above the scaffold supporting level.  On or about March 20, 2025, and at times prior, located in the basement, an employee conducted grinding operations on the concrete wall from a scaffold that had the first rung elevated more than 24 inches above the ground.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $16,550 · Current $9,344 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(d)(1):The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 g/m3, calculated as an 8-hour TWA.  During concrete grinding operations for crystalline silica containing building materials, employees were exposed to an airborne concentration of respirable crystalline silica which exceeded 50 micrograms per cubic meter of air, as an 8-hour time-weighted average as follows:  a.) On or about March 24, 2025, in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable crystalline silica was 18,519.81 micrograms per cubic meter of air when using a jackhammer to cut out the cracks on the concrete floor. This exposure exceeded the OSHA respirable crystalline silica PEL of 50 micrograms per cubic meter of air by 370 times. The monitoring consisted of one sample collected during a 147-minute sampling period and one sample collected during a 259-minute sampling period. The remaining time of 74 minutes was included in the 8-hour TWA as a zero respirable crystalline silica exposure period.   b.) On or about March 24, 2025, in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable crystalline silica was 11,785.42 micrograms per cubic meter of air during concrete grinding operations while using a scaffold. This exposure exceeded the OSHA respirable crystalline silica PEL of 50 micrograms per cubic meter of air by 236 times. The monitoring consisted of one sample collected during a 135-minute sampling period and one sample collected during a 274-minute sampling period. The remaining time of 71 minutes was included in the 8-hour TWA as a zero respirable crystalline silica exposure period.   c.) On or about March 24, 2025, in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable crystalline silica was 7,263.63 micrograms per cubic meter of air during concrete grinding operations. This exposure exceeded the OSHA respirable crystalline silica PEL of 50 micrograms per cubic meter of air by 145 times. The monitoring consisted of one sample collected during a 153-minute sampling period and one sample collected during a 262-minute sampling period. The remaining time of 65 minutes was included in the 8-hour TWA as a zero respirable crystalline silica exposure period.   d.) On or about March 24, 2025, in the basement, an employee's personal 8-hour time-weighted average (TWA) exposure to airborne concentrations of respirable crystalline silica was 5,078.08 micrograms per cubic meter of air during concrete grinding operations. This exposure exceeded the OSHA respirable crystalline silica PEL of 50 micrograms per cubic meter of air by 102 times. The monitoring consisted of one sample collected during a 154-minute sampling period and one sample collected during a 258-minute sampling period. The remaining time of 68 minutes was included in the 8-hour TWA as a zero respirable crystalline silica exposure period.

Issued

Sep 18, 2025

Abate by

Oct 15, 2025

Penalty

Initial $0 · Current $0

Hazardous substances S103

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 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.  On or about March 20, 2025, and at times prior, located in the basement, the employer did not fully and properly implement engineering controls, work practices, and respiratory protection specified in Table 1 for tasks exposing employees to respirable crystalline silica in the following instances:  a.) Employees used grinders on the concrete walls. b.) Employees used a jackhammer on the concrete floor.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $16,550 · Current $9,344 Reduced

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.  On or about March 20, 2025, and at times prior, located in the basement, employees were using grinders and jackhammers on concrete and the employer did not assess the employees exposure to respirable crystalline silica.

Issued

Sep 18, 2025

Abate by

Jan 15, 2026

Penalty

Initial $11,823 · Current $4,303 Reduced

Hazardous substances S103

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 (HCS) (29 CFR 1910.1200).  On or about March 20, 2025, and at times prior, located in the basement, employees were using grinders and a jackhammer on concrete and the employer did not establish a hazard communication program that included respirable crystalline silica.