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

29 CFR 1926.1153(e)(1): Respirable crystalline silica. Respiratory protection-General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph and 29 CFR 1910.134. Respiratory protection is required: (i) Where specified by Table 1 of paragraph (c) of this section; a) On or about March 18, 2024, at Resilience US, Inc., 8814 Trade Port Drive, Hamilton, Ohio 45011 at fill 5, EGC did not require the use of a respirator with an assigned protection factor (APF) of 10 for exposures to respirable crystalline silica, per 29 CFR 1926.1153(c)(1)(ii) and (x) for employees who were operating a handheld concrete cutting saw using the Hilti DCH 300X electric cutter handheld wet saw with a 12-inch blade indoors and while wet jackhammering indoors was performed, which exposed employees to respirable crystalline silica. The employer provided a voluntary use respirator which had not been fit tested, the 3M 8511 N95 respirator and explained that it was not mandatory to wear it, and that they were not required by the standard to wear a respirator.