OSHA Inspection: M. D. THOMAS CONSTRUCTION, LLC

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 00:00:00

Penalty

Initial $6620.00 · Current $5296.00 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR  1926.52(d)(1): In all cases where the sound levels exceeded the values shown in Table D-2 of 29 CFR 1926.52, a continuing, effective hearing conservation program was not administered:    a)	On December 16, 2025, outdoors on exterior balconies, An employee was operating hammer chisels, angle grinders and multi-tools while repairing concrete balcony flooring with levels of noise exceeding the OSHA 8 hr. Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 90 dba without an effective hearing conservation program being administered by the employer.     b)	On December 16, 2025, outdoors on exterior balconies, An employee was operating hammer chisels, angle grinders and multi-tools while repairing concrete balcony flooring with levels of noise exceeding the OSHA 8 hr. Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 90 dba without an effective hearing conservation program being administered by the employer.

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 00:00:00

Penalty

Initial $6620.00 · Current $5296.00 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 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 December 16, 2025, outdoors on exterior balconies, Laborer 1 was operating hammer chisels, angle grinders and multi-tools without the employer fully and properly implementing engineering controls, work practices and respiratory protection specified for the task on Table 1 while repairing concrete balcony flooring.  B)	On December 16, 2025, outdoors on exterior balconies, Laborer 2 was operating hammer chisels, angle grinders and multi-tools without the employer fully and properly implementing engineering controls, work practices and respiratory protection specified for the task on Table 1 while repairing concrete balcony flooring.  C)	On December 16, 2025, outdoors on exterior balconies, Laborer 3 was operating hammer chisels, angle grinders and multi-tools without the employer fully and properly implementing engineering controls, work practices and respiratory protection specified for the task on Table 1 while repairing concrete balcony flooring.

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

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:  A)	On December 16, 2025, outdoors on exterior balconies, Laborer 1 was operating hammer chisels, angle grinders and multi-tools without the employer assuring they were not overexposed to the OSHA established Permissible Exposure Limit for silica of 0.5 milligrams per cubic meter while repairing concrete balcony flooring.  B)	On December 16, 2025, outdoors on exterior balconies, Laborer 2 was operating hammer chisels, angle grinders and multi-tools without the employer assuring they were not overexposed to the OSHA established Permissible Exposure Limit for silica of 0.5 milligrams per cubic meter while repairing concrete balcony flooring.   C)	On December 16, 2025, outdoors on exterior balconies, Laborer 3 was operating hammer chisels, angle grinders and multi-tools without the employer assuring they were not overexposed to the OSHA established Permissible Exposure Limit for silica of 0.5 milligrams per cubic meter while repairing concrete balcony flooring.

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 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 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 December 16, 2025, outdoors on exterior balconies, employees(s) are operating hammer chisels, angle grinders and multi-tools without the employer assessing exposure to silica for the employee repairing concrete balcony flooring. Three employees air monitoring resulted in overexposure to the OSHA Silica 8-hour Time Weighted Average Permissible Exposure Limit of 0.05 milligrams per cubic meter.

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 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 did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year:  a) On December 16, 2025, outdoors on exterior balconies, employees(s) are operating hammer chisels, angle grinders and multi-tools without the employer making medical surveillance available for employees repairing concrete balcony flooring. Three employees air monitoring resulted in overexposure to the OSHA Silica Time Weighted Average Permissible Exposure Limit of 0.05 milligrams per cubic meter.

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(2):Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:  a)	On December 16, 2025, outdoors on exterior balconies, employee(s) were required to wear tight fitting respiratory protection without the employer implementing a respiratory protection program in accordance with the standard. Employees were repairing concrete balcony flooring using hammer chisels, angel grinders and multi-tools.

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:   a)	On December 16, 2025, outdoors on exterior balconies, Laborer 1 was required to wear tight fitting respiratory protection without the employer providing a medical evaluation before initial use while repairing concrete balcony flooring using hammer chisels, angel grinders and multi-tools.  b)	On December 16, 2025, outdoors on exterior balconies, Laborer 2 was required to wear tight fitting respiratory protection without the employer providing a medical evaluation before initial use while repairing concrete balcony flooring using hammer chisels, angel grinders and multi-tools.  c)	On December 16, 2025, outdoors on exterior balconies, Laborer 3 was required to wear tight fitting respiratory protection without the employer providing a medical evaluation before initial use while repairing concrete balcony flooring using hammer chisels, angel grinders and multi-tools.

Issued

2026-04-03 00:00:00

Abate by

2026-04-24 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2):Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a)	On December 16, 2025, outdoors on exterior balconies, Laborer 1 was required to wear tight fitting respiratory protection without the employer assuring a fit test was conducted before initial use while repairing concrete balcony flooring using hammer chisels, angel grinders and multi-tools.  b)	On December 16, 2025, outdoors on exterior balconies, Laborer 2 was required to wear tight fitting respiratory protection without the employer assuring a fit test was conducted before initial use while repairing concrete balcony flooring using hammer chisels, angel grinders and multi-tools.  c)	On December 16, 2025, outdoors on exterior balconies, Laborer 3 was required to wear tight fitting respiratory protection without the employer assuring a fit test was conducted before initial use while repairing concrete balcony flooring using hammer chisels, angel grinders and multi-tools.