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

29 CFR 1926.1153(h)(1)(i): The employer did not make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who was required under this section to use a respirator for 30 or more days per year: a) Parking Garage Fifth Level; On or about December 16, 2024, and at times prior thereto; the employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. An employee using an angle grinder and jackhammer on concrete structural elements was exposed to respirable crystalline silica hazards at 128 micrograms per cubic meter which is approximately 2.564 times the permissible exposure level (PEL) of 50 micrograms per cubic meter. Results were based on a 477-minute sampling period with zero exposure used for the 3 minutes not sampled. b) Parking Garage Fifth Level; On or about December 16, 2024, and at times prior thereto; the employer did not make medical surveillance available at no cost to each employee, and at a reasonable time and place, for each employee who has been occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. An employee using an angle grinder and jackhammer on concrete structural elements was exposed to respirable crystalline silica hazards at 350 micrograms per cubic meter which is approximately 6.913 times the permissible exposure level (PEL) of 50 micrograms per cubic meter. Results were based on a 470-minute sampling period with zero exposure used for the 10 minutes not sampled.