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Violation Detail

Standard Cited: 19261153 D02 I  

This violation item has been deleted.

Inspection Nr: 1731471.015

Citation: 01005

Citation Type: Serious

Abatement Status: Corrected During Inspection

Initial Penalty: $11,292.00

Current Penalty: $0.00

Issuance Date: 07/16/2024

Nr Instances: 1

Nr Exposed: 12

Abatement Date:

Gravity: 10

Report ID: 0213900

Contest Date: 08/06/2024

Final Order: 06/22/2026

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty J: ALJ Decision 06/22/2026 $0.00   Serious  
Penalty C: Contested 08/06/2024 $11,292.00   Serious  
Penalty Z: Issued 07/16/2024 $11,292.00   Serious  

Text For Citation: 01 Item/Group: 005 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) Pinewald Aqua water tower: The employer did not conduct an exposure assessment of employees spray painting the interior and exterior of the 1.5 million gallon Pinewald water tower using Perma Clean 100 Epoxy Part A product code A-4165 that contained 5-10% microcrystalline silica. An employee who sprayed the interior of the tower using the paint for 473 minutes on 3/11/24 was exposed to an airborne concentration of silica at an 8 hour time weighted average of 37.45 ug/m3 which was 1.5 times the action level of 25 ug/m3.

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