Text For Citation: 01 Item/Group: 002 Hazard:

29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, 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. In the alternative 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. (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, an employee operating a Bosch chipping tool at street level was exposed to respirable crystalline silica dust. The employer did not ensure that employee used water at the point of impact or localized exhaust to control the silica dust generated during chipping. (b) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, an employee operating a Hilti TE 3000 jackhammer within the sub-street level to break up a concrete footer was exposed to respirable crystalline silica dust. The employer did not ensure that employee used water at the point of impact or localized exhaust to control the silica dust generated during jackhammering. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19