OSHA Inspection: DECLAN DOHERTY

Issued

2025-08-29 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $3972.00 · Current $3972.00

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 our about June 12, 2025 at the above mentioned address, employees of Declan Doherty dba Declan Doherty did not implement engineering controls and work practices, as specified in Table 1. Employees used an an angle grinder to remove old mortar joints containing 7% 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.

Issued

2025-08-29 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S103

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  June 12, 2025, Declan Doherty dba Declan Doherty did not assess the exposure of employees to respirable crystalline silica when removing mortar joints containing up to 7% 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

2025-08-29 00:00:00

Abate by

2025-09-25 00:00:00

Penalty

Initial $3972.00 · Current $0.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(g)(1):The employer did not establish 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 June 12, 2025  at the above mentioned address, Declan Doherty dba Declan Doherty. 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 7% respirable crystalline silica (Quartz) when using an angle grinder to remove mortar joints.  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.