Violation Detail
Standard Cited: 19101053 F01
Inspection Nr: 1637468.015
Citation: 01002B
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $0.00
Current Penalty: $0.00
Issuance Date: 04/04/2023
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 08/31/2023
Gravity: 10
Report ID: 0522300
Contest Date:
Final Order: 04/25/2023
Related Event Code (REC): C
Emphasis:
Substance: 9000
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | P: Petition to Mod Abatement | 06/21/2023 | $0.00 | 08/31/2023 | Serious | |
| Penalty | I: Informal Settlement | 04/25/2023 | $0.00 | 06/20/2023 | Serious | |
| Penalty | Z: Issued | 04/04/2023 | $0.00 | 05/19/2023 | Serious |
Text For Citation: 01 Item/Group: 002B Hazard:
29 CFR 1910.1053(f)(1): The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible: For the employee including, but not limited to, the employee whose exposure is described in Citation 1, Item 2(a): the Laborer chipping cement from the mixing drum was exposed to mixed respirable dust containing quartz, cristobalite, and tridymite at 162.75 ug/m3, which is approximately 3.255 times the permissible exposure limit (PEL) of 50 ug/m3; Exposure calculations included a zero increment for 440 minutes not sampled. At this time, employees are being exposed to levels above the PEL and the employer shall require mandatory use of a respirator until feasible engineering controls can be put in place. General methods of control applicable in this circumstance include, but are not limited to the following: 1) Re-evaluate the ventilation systems for ways to improve air movement/capture of the high levels of silica dust generated while chipping cement inside the mixer to further ensure the most adequate removal of the silica dust from the worker exposure; 2) Re-evaluate the existing work practices in the cement mixer to reduce the worker exposures to the airborne silica dust; STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented, or whenever such controls fail to reduce employee exposure to the respirable dust permissible exposure limits. Abatement period by (5 working days) STEP 2: Submit to the area director a written, detail plan of abatement outlining a schedule for the implementation of engineering and/or administrative measure to control employee exposure to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following action which must be consistent with the abatement dates required by this citation. Abatement period by (15 working days) 1) Evaluation of engineering/administrative control options; 2) Selection of optimum control methods and completion of design; 3) Procurement, installation and operation of selected control measures; and 4) Testing and acceptance or modification/redesign of controls. STEP 3: Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance. Abatement period by (30 working days)
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