OSHA Inspection: ERS CONSTRUCTION, INC.

Issued

Jan 20, 2026

Penalty

Initial $2,838 · Current $1,700 Reduced

General-duty citation text

29 CFR 1926.451(g)(4)(ii): The top edge height of toprails or equivalent member on supported scaffolds manufactured or placed in service after January 1, 2000 shall be installed between 38 inches (0.97 m) and 45 inches (1.2 m) above the platform surface.  a) On September 11, 2025, employees were exposed to fall hazards while working on a supported scaffold where the toprail of the guardrail was not in place.  No abatement certification or documentation is required for this item.

Issued

Jan 20, 2026

Penalty

Initial $2,838 · Current $1,650 Reduced

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 tasks in Table 1, unless the employer assessed and limited the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) On September 11, 2025, ERS Construction, Inc., did not fully implement engineering controls and work practices, as specified in Table 1. An employee used  handheld powered chipping tools to remove brick and mortar containing  up to 30% 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.   No abatement certification or documentation is required for this item.

Issued

Jan 20, 2026

Penalty

Initial $0 · Current $0

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 September 11, 2025, ERS Construction, Inc, did not assess the exposure of  employees to respirable crystalline silica when chipping brick and mortar containing up to 30% crystalline silica.  No abatement certification or documentation is required for this item.

Issued

Jan 20, 2026

Abate by

Feb 23, 2026

Penalty

Initial $2,838 · Current $1,650 Reduced

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan that consists of 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 September 11, 2025, ERS Construction, Inc., did not establish and implement a written silica exposure control plan that complied with the requirements of 1926.1153(g)(1)(i) through (iv) when an employee was using a handheld powered chipping tool to remove brick and mortar containing up to 30% crystalline silica.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).