Text For Citation: 01 Item/Group: 004B Hazard:

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was 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) Shoe Shine Area - Statler Tower, Buffalo, NY - On or about 3/3/21, the employer did not assess the exposure level, to respirable crystalline silica, of employees who used a mini excavator, equipped with a "hob-knocker"/jackhammer device, to demolish concrete floors and walls inside the building. Employees performed the job using equipment that was not equipped with an enclosed cab. The demolition was conducted dry without the use of water or a dust suppressant to minimize dust emissions. NO ABATEMENT CERTIFICATION REQUIRED