OSHA Inspection: SMYKAL CONSTRUCTION, INC.

Issued

2026-04-10 00:00:00

Abate by

2026-05-18 00:00:00

Penalty

Initial $2270.00 · Current $1362.00 Reduced

General-duty citation text

29 CFR  1910.134(c)(2)(ii): The employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks): [Construction Reference 1926.103]    On or about February 25, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not establish or implement a written respirator protection program for employees who were allowed to utilize half-face negative pressure elastomeric respirators on a voluntary basis.  Necessary provisions of 29 CFR 1910.134(c), (e), (g), (h), and (k) through (m) must be contained in a written respirator protection program. Key elements include but are not limited to the following:  1) Medical clearance for respirator use 2) Instruction for use, cleaning, maintenance, and storage of respirators 3) Employee information and training 4) Recordkeeping 5) Program evaluation

Issued

2026-04-10 00:00:00

Abate by

2026-05-29 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 allowed to use the respirator in the workplace: [Construction Reference 1926.103]    On or about February 25, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not provide medical evaluations to employees to ensure they were able to use half-face negative pressure elastomeric respirators.

Issued

2026-04-10 00:00:00

Abate by

2026-05-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.134(k)(6): The basic advisory information on respirators, as presented in Appendix D of this section, shall be provided by the employer in any written or oral format, to employees who wear respirators when such use is not required by this section or by the employer: [Construction Reference 1926.103]    On or about February 25, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not provide the basic advisory information on respirators, as presented in Appendix D of this section, to employees who used half-face negative pressure elastomeric respirators on a voluntary basis.

Issued

2026-04-10 00:00:00

Abate by

2026-05-18 00:00:00

Penalty

Initial $2838.00 · Current $1703.00 Reduced

Hazardous substances 9000

General-duty citation text

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: [Construction Reference 29 CFR 1926.59]  On or about February 25, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not develop or implement a written hazard communication program when employees were working with hazardous chemical such as but not limited to respirable crystalline silica (RCS) while cutting control joints in concrete flatwork and carbon monoxide while using a kerosene torpedo heater indoors.  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 hazardous chemicals 2) Complete and accessible SDS collection 3) Non-routine tasks 4) Container labeling 5) Employee information and training

Issued

2026-04-10 00:00:00

Abate by

2026-06-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.): [Construction Reference 29 CFR 1926.59]  On or about February 25, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin;  the employer did not maintain copies of the required safety data sheets for each hazardous chemical in the workplace when employees were working with chemicals such as but not limited to respirable crystalline silica (RCS) while cutting control joints in concrete flatwork and carbon monoxide while using a kerosene torpedo heater indoors.

Issued

2026-04-10 00:00:00

Abate by

2026-05-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

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: [Construction Reference 29 CFR 1926.59]  On or about February 25, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not provide employees with information and training on the hazards of the chemical in their work areas when employees were working with hazardous chemical such as but not limited to respirable crystalline silica (RCS) while cutting control joints in concrete flatwork and carbon monoxide while using a kerosene torpedo heater indoors.  All provisions of 29 CFR 1910.1200(h)(1) through (h)(3) shall be provided to employees as hazard communication information and training. Key provisions include but are not limited to the following: 1) The requirements of this section.  2) Any operations in their work area where hazardous chemicals are present. 3) The location and availability of the written hazard communication program, list(s) of hazardous chemicals, and safety data sheets. 4) How employees could detect hazardous chemicals in the work areas.  5) The physical hazards, health hazards and combustible dust hazards of the chemicals in their work areas.  6) The measures employees could take to protect themselves from hazardous chemicals through procedures and/or personal protective equipment (PPE). 7) The details of a hazard communication program including descriptions of labeling on containers and safety data sheets (SDS).

Issued

2026-04-10 00:00:00

Abate by

2026-05-18 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 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 February 26, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not communicate and did not ensure employees received communication on the hazards of RCS including the hazards of cancer, lung effect, immune system effect and kidney effect when the employees were cutting control joints in concrete flatwork, which could generate airborne respirable crystalline silica (RCS).

Issued

2026-04-10 00:00:00

Abate by

2026-05-29 00:00:00

Penalty

Initial $2838.00 · Current $1703.00 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:  On or about February 26, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not fully and properly implement the engineering controls specified in Table 1 when employees were engaged in the task (iv) of using a Husqvarna walk-behind saw (Soff-Cut 150) to cut control joints into concrete flatwork, which could generate airborne respirable crystalline silica (RCS). The employer did not utilize an integrated water delivery system.

Issued

2026-04-10 00:00:00

Abate by

2026-06-17 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:  On or about February 26, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not assess the exposure of each employee who may reasonably be exposed to respirable crystalline silica (RCS) at or above the action level when the employer did not implement the engineering controls specified in Table 1 as employees used a Husqvarna walk-behind saw (Soff-Cut 150) to cut control joints into concrete flatwork, which could generate airborne respirable crystalline silica (RCS).

Issued

2026-04-10 00:00:00

Abate by

2026-05-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 following elements of (g)(1)(i) through (iv) of this section:  On or about February 26, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin; the employer did not implement a written exposure control plan when employees were cutting control joints in flat work with a Husqvarna walk-behind saw (Soff-Cut 150) , 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

2026-04-10 00:00:00

Abate by

2026-05-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 February 26, 2026, at a worksite located at N8231 Lake Road in Iola, Wisconsin;  the employer did not provide information and training to employees who were cutting control joints with a Husqvarna walk-behind saw (Soff-Cut 150), 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