OSHA Inspection: ANDERSON BROTHERS INC

Issued

Jul 18, 2025

Abate by

Sep 26, 2025

Penalty

Initial $2,838 · Current $1,419 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable: (Construction Reference 1926.103)  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did not establish and implement a written respiratory protection program when an employee was required to wear respiratory protection from airborne respirable crystalline silica while conducting masonry work such as, but not limited to tuckpointing with grinders and toothing out by saw cutting.  All provisions of 29 CFR 1910.134(c) through (m) shall be contained in a written Respiratory Protection Program. Key elements include, but are not limited to the following:  1) Respirator selection 2) Filter changeout schedules 3) Medical evaluations for respirator use 4) Fit testing 5) Employees training on use, limitations, care and storage of respirators 6) Program evaluation 7) Recordkeeping

Issued

Jul 18, 2025

Abate by

Sep 26, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

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:  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did provide medical evaluations to an employee to determine their ability to use a negative pressure tight-fitting half-face respirators when the employee was conducting tuckpointing with grinders and toothing out by saw cutting.

Issued

Jul 18, 2025

Abate by

Sep 26, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(1): The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph:  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did not ensure an employee using a tight-fitting negative pressure half-face respirator had passed an appropriate QLFT or QNFT when the employee was conducting tuckpointing with grinders and toothing out by saw cutting.

Issued

Jul 18, 2025

Abate by

Aug 15, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k)(1): 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:  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did not provide effective training to an employee when the employee was conducting tuckpointing with grinders and toothing out by saw cutting.  All provisions of 29 CFR 1910.134(k)(1) through (k)(5) 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

Issued

Jul 18, 2025

Abate by

Aug 15, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition:  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did not ensure an employee's tight-fitting half-face respirator was cleaned and disinfected as often as necessary to be maintained in a sanitary condition. The employee's respirator had accumulations of dust located on the outside of the respirator, inside the cavity of the respirator, and along its sealing surfaces of the respirator.

Issued

Jul 18, 2025

Abate by

Aug 15, 2025

Penalty

Initial $2,838 · Current $1,419 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1):  The employer shall establish and implement a written exposure control plan that contains at least the following elements:  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did not establish and implement a written exposure control plan when an employee was conducting tuckpointing with grinders and toothing out by saw cutting which could generate airborne respirable crystalline silica (RCS).  All provisions of 29 CFR 1926.1153(g)(1)(i) through (iv) must be contained in a written exposure control plan. Key elements include but are not limited to the following:  1) Description of workplace tasks that involve RCS. 2) Description of engineering/work practice controls and respirator protection for tasks. 3) Description of housekeeping measured to limit RCS exposure. 4) Description of procedures to limit workplace access and number of employees exposed to RCS.

Issued

Jul 18, 2025

Abate by

Aug 15, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(1): The employer shall include respirable crystalline silica (RCS) 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 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:  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did not communicate and did not ensure an employee received communication on the hazards of RCS including the hazards of cancer, lung effect, immune system effect and kidney effect when the employee was conducting tuckpointing with grinders and toothing out by saw cutting.

Issued

Jul 18, 2025

Abate by

Aug 15, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the information contained in subparagraphs (i)(2)(A) through (F):  On or about May 12, 2025, at a worksite located at 224 State Street in Oshkosh, WI; the employer did not provide information and training to an employee who was conducting tuckpointing with grinders and toothing out by saw cutting which could generate airborne respirable crystalline silica (RCS).  Information and training shall include, but is not limited to the following: 1) RCS health hazards 2) Specific tasks that could result in RCS exposures 3) Specific protective measures to be used (engineering, work-practice, PPE) 4) Contents of the RCS standard 5) Identity of the competent person 6) Purpose and description of the RCS medical surveillance program