Violation Detail
Standard Cited: 19261153 D03 I
This violation item has been deleted.
Inspection Nr: 1378267.015
Citation: 01005
Citation Type: Serious
Abatement Status:
Initial Penalty: $13,260.00
Current Penalty: $0.00
Issuance Date: 05/03/2019
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 06/07/2019
Gravity: 10
Report ID: 0522500
Contest Date: 05/28/2019
Final Order: 10/07/2019
Related Event Code (REC):
Emphasis:
Substance: 9000
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 10/07/2019 | $0.00 | 06/07/2019 | Serious | |
Penalty | C: Contested | 07/16/2019 | $13,260.00 | 06/07/2019 | Serious | |
Penalty | Z: Issued | 05/03/2019 | $13,260.00 | 06/07/2019 | Serious |
Text For Citation: 01 Item/Group: 005 Hazard:
29 CFR 1926.1153(d)(3)(i): Methods of compliance-Engineering and work practice controls. The employer shall 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. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection that complies with the requirements of paragraph (e) of this section. a. On or about February 13, 2019, at the worksite, employees dry cutting concrete using a circular saw with an abrasive blade and a shop vacuum to capture the resulting dust were over-exposed to silica dust at 1.6 times OSHA's Permissible Exposure Limit of 50 micrograms per cubic meter of air for an 8-hour time weighted average. The employer did not implement engineering controls/work practices to ensure that employees were not over-exposed to respirable crystalline silica dust. One acceptable engineering/work practice control found in 1910.1153(c)(1), Table 1, included the use of a saw equipped with an integrated water delivery system that would continuously feed water to the blade to control the generated dust.