Violation Detail
Standard Cited: 19101053 G01
Inspection Nr: 1637468.015
Citation: 01004
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $15,625.00
Current Penalty: $9,375.00
Issuance Date: 04/04/2023
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 04/28/2023
Gravity: 10
Report ID: 0522300
Contest Date:
Final Order: 04/25/2023
Related Event Code (REC):
Emphasis:
Substance: 9000
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 04/25/2023 | $9,375.00 | 04/28/2023 | Serious | |
| Penalty | Z: Issued | 04/04/2023 | $15,625.00 | 04/28/2023 | Serious |
Text For Citation: 01 Item/Group: 004 Hazard:
29 CFR 1910.1053(g)(1): 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 exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls; (ii) Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; (iii) During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL; and (iv) During periods when the employee is in a regulated area. On or about March 2, 2023, the Laborer chipping cement from the mixing drum was exposed to mixed respirable dust containing quartz, cristobalite, and tridymite at the actual exposure level of 1953 ug/m3 for the 40 minutes sampled. The employer provided a half face MSA Comfo Classic with P100 dust filter to the employee. Based on the actual exposure levels a half face is not appropriate.
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