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

29 CFR 1926.1153(e)(2): Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134. On or about March 8, 2023 the employer failed to implement an appropriate respiratory protection program with, employee training, fit testing, and medical evaluation protocols for employees who use N95 TruAir Vented Respirators, the 3M Tekk Protection Half facepiece respirators, the North 5500 & 7700 Series Half Mask Air-Purifying Respirators, and KN95 Respirators. The respirators are used at sites not owned by the employer and use power tools such as the Hilti TE 3000-AVR jackhammer to break up concrete. This generates respirable crystalline silica dust that can be inhaled by the employees. Without proper training, fit testing or medical evaluations for the respirators, the employees may be exposed to respirable crystalline silica dust.