| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2022-01-27
|
| Emphasis |
N: RCS-NEP
|
Related Activity
| Type |
Referral |
| Activity Nr |
1861419 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
3916.0 |
| Initial Penalty |
3916.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(1):A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: On or about January 25, 2022 and days prior to, at the job site located at 9195 Collins Ave Surfside, FL 33154, in the parking garage area of a residential building, the employer did not develop a written Respiratory Program for employees who are required to wear respirators who are exposed to Respirable Crystalline Silica dust while performing chip hammering and restoring concrete. |
|
| Citation ID |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
3916.0 |
| Initial Penalty |
3916.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1):Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: (Construction Reference: 1926.59) On or about January 25, 2022 and days prior to, jobsite located at 9195 Collins Ave Surfside, FL, in the parking garage area of a residential building, the employer did not provide effective information and training on hazardous chemicals such as, but not limited to Respirable Crystalline Silica for employees who were exposed while jackhammering a concrete parking garage. |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19260052 A |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
3916.0 |
| Initial Penalty |
3916.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.52(a):Employer did not provide protection against the effects of noise was not provided for employee(s) exposed to sound levels which exceeded those listed in Table D-2 of 29 CFR part 1926.52: On or about January 25, 2022 and days prior, to at jobsite located at 9195 Collins Avenue Surfside, FL 33160, residential parking area, the employer did not provide hearing protection for employees who were exposed to noise levels above the OSHA Action Level of 85 decibels (dBA). The equivalent dBA level is approximately 96.8 dBA. The sampling was performed for 345 minutes during one shift. Zero exposure was assumed for the un-sampled period of time. |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19260052 B |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.52(b): Employees subjected to sound levels exceeding those listed in Table D-2 and feasible administrative or engineering controls failed to reduce sound levels within the levels on the table and personal protective equipment as required by 1926 subpart E were not provided and/or used to reduce sound levels within the levels of the table: On or about January 25, 2022 and days prior to, at jobsite located at 9195 Collins Avenue Surfside, FL 33160, residential parking area, the employer did not administer a continuing, effective hearing conservation program which included noise monitoring, audiometric testing of employees and training of employee who were exposed to noise levels above the OSHA Action Level of 85 decibels (dBA). The equivalent dBA level is approximately 96.8 dBA. The sampling was performed for 345 minutes during one shift. Zero exposure was assumed for the un-sampled period of time. |
|
| Citation ID |
01003C |
| Citaton Type |
Serious |
| Standard Cited |
19260052 D01 |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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: On or about January 25, 2022 and days prior to, at jobsite located at 9195 Collins Avenue Surfside, FL 33160, residential parking area, the employer did not administer a continuing, effective hearing conservation program which included noise monitoring, audiometric testing of employees and training of an employee who was exposed to noise levels above the OSHA Action Level of 85 decibels (dBA). The equivalent dBA level is approximately 96.8 dBA. The sampling was performed for 345 minutes during one shift. Zero exposure was assumed for the un-sampled period of time. |
|
| Citation ID |
01004 |
| Citaton Type |
Serious |
| Standard Cited |
19260095 A |
| Issuance Date |
2022-06-30 |
| Current Penalty |
2797.0 |
| Initial Penalty |
2797.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.95(a): Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, was not provided, used, or maintained in a sanitary and reliable condition it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact. On or about January 25, 2022 and days prior to, at jobsite located at 9195 Collins Avenue Surfside, FL 33160, residential parking area, the employer did not ensure an employee was wearing appropriate hand protection while conducting concrete operations, thereby exposing employee to skin laceration, severe irritation and defatting. |
|
| Citation ID |
01005A |
| Citaton Type |
Serious |
| Standard Cited |
19261153 C01 |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
3916.0 |
| Initial Penalty |
3916.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(c)(1)(x): For each employee engaged in a task identified on Table 1, using jackhammers and handheld powered chipping tools, 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. On or about January 25, 2022 and days prior to, at the jobsite 9195 Collins Avenue Surfside, FL , the employer did not implement the use of either a water delivery system or shroud and dust collection system, with handheld powered chipping tools used by employees completing concrete restoration tasks on residential parking garage area of a residential building. |
|
| Citation ID |
01005B |
| Citaton Type |
Serious |
| Standard Cited |
19261153 D01 |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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 Time Weighted Average (TWA): On or about January 25, 2022 and days prior to, at the jobsite 9195 Collins Ave Surfside, FL 33154, the employer did not ensure employees were not exposed to an airborne concentration of respirable Crystalline Silica in excess of 50 g/m3, for an employee who was performing concrete restoration operations that consisted of chipping concrete in a parking garage area without applying engineering or administrative controls was exposed to Crystalline Silica dust. The employee's 8-hour Time Weighted Averages (TWA) exposure to Crystalline Silica was 84.0 mg/m3 million parts per cubic meter and the Permissible Exposure Level (PEL) was 5 mg/m3. The employee was measured for 420 minutes with a zero dose assumed for any un-sampled period. |
|
| Citation ID |
01005C |
| Citaton Type |
Serious |
| Standard Cited |
19261153 D02 I |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(d)(2)(i):The employer did not 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 January 25, 2022 and days prior to, at the jobsite 9195 Collins Avenue Surfside, FL, the employer did not assess Respirable Crystalline Silica exposure of employees using chip hammering tools during concrete restoration operation in a parking garage area of a residential building. |
|
| Citation ID |
01005D |
| Citaton Type |
Serious |
| Standard Cited |
19261153 G01 |
| Issuance Date |
2022-06-30 |
| Abatement Due Date |
2022-07-27 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2022-07-27 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(g)(1):The employer did not establish and implement a written exposure control plan: On or about January 25, 2022 and days prior to, at the jobsite 9195 Collins Ave Surfside, FL 33154, the employer did not develop a written exposure control plan for employees who were exposed to Crystalline silica that was above the action level of 25mg/m3 when performing concrete restoration operations that consisted of chipping concrete in a parking garage area of residential building. |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19030019 D01 |
| Issuance Date |
2023-02-22 |
| Abatement Due Date |
2023-04-10 |
| Current Penalty |
338.0 |
| Initial Penalty |
338.0 |
| Final Order |
2023-04-19 |
| Nr Instances |
9 |
| Nr Exposed |
2 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1903.19(d)(1): The employer did not submit to the Agency documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required: a) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 1, issued on 06/30/2022 with an abatement due date of 07/27/2022. b) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 2, issued on 06/30/2022 with an abatement due date of 07/27/2022. c) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 3a, issued on 06/30/2022 with an abatement due date of 07/27/2022. d) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 3b, issued on 06/30/2022 with an abatement due date of 07/27/2022. e) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 3c, issued on 06/30/2022 with an abatement due date of 07/27/2022. f) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 5a, issued on 06/30/2022 with an abatement due date of 07/27/2022. g) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 5b, issued on 06/30/2022 with an abatement due date of 07/27/2022. h) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 5c, issued on 06/30/2022 with an abatement due date of 07/27/2022. i) On or about 11/08/2022, the employer failed to submit documentation and certification of corrective action for citation 1, item 5d, issued on 06/30/2022 with an abatement due date of 07/27/2022. |
|
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