OSHA Inspection: SURE-DRY, LLC

Issued

2025-08-05 00:00:00

Abate by

2025-10-31 00:00:00

Penalty

Initial $9268.00 · Current $4634.00 Reduced

General-duty citation text

Construction Reference: 29 CFR 1926.103 Note: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR  1910.134(c): This paragraph requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be administered by a suitably trained program administrator. In addition, certain program elements may be required for voluntary use to prevent potential hazards associated with the use of the respirator.  a) On or about and at times prior to May 13, 2025, at various worksites located in Wisconsin; the employer did not establish and implement a written respiratory protection program for each employee that was required to wear a respirator while performing tasks, such as but not limited to using jackhammers indoors to break up concrete, exposing each employee to the hazards associated with inadequate physical/physiological capability and respirable crystalline silica.  Key provisions in a respiratory protection program include, but are not limited to the following: 1) Medical evaluations for respirator use 2) Fit testing 3) Information/training on cleaning, maintenance, and storage components 4) Recordkeeping

Issued

2025-08-05 00:00:00

Abate by

2025-10-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 29 CFR 1926.103 Note: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR  1910.134(e)(1): The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  a) On or about and at times prior to May 13, 2025, at various worksites located in Wisconsin; the employer did not provide a medical evaluation to determine each employee's ability to use a respirator when required to be worn, exposing each employee to the hazards associated inadequate physical/physiological capability.

Issued

2025-08-05 00:00:00

Abate by

2025-10-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 29 CFR 1926.103 Note: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR  1910.134(k): This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.  a) On or about and at times prior to May 13, 2025, at various worksites located in Wisconsin; the employer did not provide training to each employee that was required to wear a respirator while performing tasks, such as but not limited to using jackhammers indoors to break up concrete, exposing employees to the hazards associated with improper use of respirators.  All provisions of 29 CFR 1910.134(k)(1) through (k)(6) shall be provided to employees wearing respirators. Key elements include, but are not limited to the following: 1) Reason for respirators use 2) Respirator limitations and capabilities 3) Effective respirator inspection and use 4) Procedures for maintenance, care and storage of respirators 5) Recognition of signs/symptoms that may limit respirator use 6) The requirements of the respiratory protection standard

Issued

2025-08-05 00:00:00

Abate by

2025-09-03 00:00:00

Penalty

Initial $5296.00 · Current $2648.00 Reduced

General-duty citation text

29 CFR  1910.178(l)(1)(i): The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l).  a) On or about and at times prior to May 9, 2025, at the establishment located at 4205 Stewart Avenue, Wausau, Wisconsin; the employer did not ensure that each employee operating a Doosan LPG Forklift (Model G25S, SN 12-06714) was competent to operate the powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation required, exposing employees to struck-by hazards.

Issued

2025-08-05 00:00:00

Abate by

2025-09-03 00:00:00

Penalty

Initial $9268.00 · Current $4634.00 Reduced

Hazardous substances 9000

General-duty citation text

Construction Reference: 29 CFR 1926.59 Note: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.  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.  a) On or about and at times prior to May 13, 2025, at various worksites located in Wisconsin; the employer did not develop and implement a written hazard communication program when employees worked with hazardous chemicals at various worksites, such as but not limited to PL250HFRD or PL250HFRT, PLAD or PLAT, and respirable crystalline silica, exposing employees to chemical hazards.   All provisions of 29 CFR 1910.1200(e) through (h) must be contained in a written hazard communication program. Key elements include but are not limited to the following: 1) List of all hazardous chemicals 2) Employee information and training.

Issued

2025-08-05 00:00:00

Abate by

2025-09-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

Construction Reference: 29 CFR 1926.59 Note: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.  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 and at times prior to May 13, 2025, at various worksites located in Wisconsin; the employer did not ensure that when employees were exposed to hazardous chemicals, such as but not limited to PL250HFRD or PL250HFRT, PLAD or PLAT, and respirable crystalline silica, were provided effective information training on the hazardous chemicals, exposing an employee to the hazards associated with chemicals and respirable crystalline silica.

Issued

2025-08-05 00:00:00

Abate by

2025-09-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1): The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of the HCS and paragraph (i)(2) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.  a) On or about and at times prior to May 13, 2025, at various worksites located in Wisconsin; the employer did not ensure that when employees were exposed to respirable crystalline silica, they were provided effective information training on the HCS and information related to respirable crystalline silica, exposing employees to the hazards associated with respirable crystalline silica.

Issued

2025-08-05 00:00:00

Abate by

2025-12-31 00:00:00

Penalty

Initial $9268.00 · Current $4634.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(c)(1): 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.  At various worksites located in Wisconsin; the employer did not ensure that employees fully and properly implemented the engineering controls and work practices specified on Table 1, exposing employees to respirable crystalline silica in the following instances:  a) On or about and at times prior to May 9, 2025, employees used jackhammers indoors to break up concrete without a water delivery system that supplies a continuous stream or spray of water at the point of impact or equipped with a commercially available shroud and dust collection system and respiratory protection. b) On or about and at times prior to May 15, 2025, employees used handheld drills indoors to make holes in concrete blocks without being equipped with a commercially available shroud or cowling with a dust collection system.

Issued

2025-08-05 00:00:00

Abate by

2025-12-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(2)(i): 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 and at times prior to May 15, 2025, at various worksites located in Wisconsin; the employer did not assess the exposure of each employee who may reasonably be exposed to be exposed to respirable crystalline silica at or above the action level, exposing employees to the hazards associated with respirable crystalline silica. Employees used handheld drills indoors to make holes in concrete blocks without being equipped with commercially available shroud or cowling with dust collection system.

Issued

2025-08-05 00:00:00

Abate by

2025-12-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(d)(2)(iii)(D): Where the most recent exposure monitoring indicates that employee exposures are above the PEL, the employer shall repeat such monitoring within three months of the most recent monitoring.  a) On or about and at times prior to May 15, 2025,  at various worksites located in Wisconsin; the employer did not reassess employee exposures to respirable crystalline silica where the most recent exposure monitoring indicates that employee exposures are above the PEL, while employees were performing tasks, such as but not limited to using jackhammers to break up concrete indoors and mixing concrete, exposing employees to the hazards associated with respirable crystalline silica. On or about January 10, 2022, the most recent exposure monitoring conducted by a third-party consultant indicated that exposure to respirable crystalline silica was 92.77 �g/m3 as an 8-hour time-weighted average (TWA).

Issued

2025-08-05 00:00:00

Abate by

2025-12-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(2): The employer shall review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary.  a) On or about and at times prior to April 15, 2025, at various worksites located in Wisconsin; the employer did not ensure that their silica exposure control plan was reviewed and evaluated for effectiveness at least annually, exposing employees to the hazards associated with respirable crystalline silica.

Issued

2025-08-05 00:00:00

Abate by

2025-09-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(h)(1)(i): The employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who will be required under this section to use a respirator for 30 or more days per year.  a) On or about and at times prior to May 9, 2025, at various worksites located in Wisconsin; the employer did not ensure that medical surveillance was made available to employees who were required to wear a respirator under this section for 30 or more days per day, exposing employees to hazards associated with respirable crystalline silica.