Text For Citation: 01 Item/Group: 001D Hazard:

29 CFR 1926.1153(d)(3)(i): The employer failed to use engineering and work practice controls to reduce and maintain employees exposures to respirable crystalline silica to or below the PEL, unless the employer is able to demonstrate that such controls are not feasible. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection that complies with the requirements of paragraph (e) of this section. On March 8 2023, the employer failed to properly implement controls to protect field employees from being exposed to respirable crystalline silica in excess of the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter. Field employees were working at a temporary worksite at 911 Dresden Drive in Mansfield, Ohio 44905 doing tasks including but not limited to using the Hilti TE 3000-AVR jackhammer to break up concrete in the facility.