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Violation Detail
Standard Cited: 19100134 C01 Respiratory Protection.
Inspection Nr: 1141439.015
Citation: 01002A
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $2,100.00
Current Penalty: $1,050.00
Issuance Date: 07/28/2016
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 04/30/2017
Gravity: 1
Report ID: 0830300
Contest Date: 08/18/2016
Final Order: 04/17/2017
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 04/17/2017 | $1,050.00 | 04/30/2017 | Serious | |
| Penalty | C: Contested | 08/19/2016 | $2,100.00 | 09/01/2016 | Serious | |
| Penalty | Z: Issued | 07/28/2016 | $2,100.00 | 09/01/2016 | Serious |
Text For Citation: 01 Item/Group: 002A Hazard:
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: (a) On or about April 9, 2016 and at times prior to that date, for the employees exposed to potential respiratory hazards where the employer mandated the use of Moldex, model no. 2300N95 and/or 3M, model no. 8511N95 particulate respirators while conducting grain elevator work activities at 103 Railroad Avenue, Fredonia, North Dakota. Abatement Note: A minimally acceptable respiratory protection program shall include all of the following requirements: 1. Written standard operating procedures governing the selection and use of respirators shall be established. 2. Only approved respirators shall be used. Respirators shall be selected on the basis of hazards to which the worker is exposed. 3. Respirators must be provided free-of-charge where respirators are needed to protect the health of the employees. 4. Employers must provide (free-of-charge) a medical evaluation to determine each employee's fitness to wear a respirator before initial use. 5. Before initial respirator use, fit testing is required for all employees using negative or positive pressure tight-fitting respirators where such respirators are required by OSHA or where the employer requires the use of such a respirator. 6. The user shall be instructed and trained in the proper use of respirators and their limitations. 7. Surveillance of work area conditions and degree of employee exposure or stress shall be conducted. 8. Employer must ensure the use of respirators where respirators are needed to protect the health of the employees. 9. Respirators shall be regularly cleaned and disinfected to keep them in a sanitary condition. 10. Respirators shall be stored in a clean and sanitary location to prevent damage and contamination. 11. Respirators shall be inspected during cleaning and repaired when necessary. 12. There shall be regular inspection and evaluation to determine the continued effectiveness of the program. 13. Compressed breathing air must meet at least the requirements for Grade D breathing air. 14. The employer must establish and retain medical evaluations and fit-testing records.