Violation Detail
Standard Cited: 19261153 C01
Inspection Nr: 1769699.015
Citation: 02001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $110,618.00
Current Penalty: $75,400.00
Issuance Date: 11/20/2024
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 12/23/2024
Gravity: 5
Report ID: 0830400
Contest Date:
Final Order: 12/12/2024
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 | 12/12/2024 | $75,400.00 | 12/23/2024 | Serious | |
Penalty | Z: Issued | 11/20/2024 | $110,618.00 | 12/23/2024 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard:
29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section: (a)Peska Construction, Inc. at Sioux Falls Hy-Vee #2, 4101 South Louise Avenue, Sioux Falls, SD 57106: On or about and at times prior to August 19, 2024, the exposing employer did not ensure an employee operating a Stihl TS 420 cut-off machine to cut concrete was protected from respirable crystalline silica by through the implementation of controls specified in Table 1 or by limiting employee exposure to respirable crystalline silica in accordance with paragraph (d) of this section. Employees who inhale respirable crystalline silica are at an increased risk of developing serious disease including but not limited to; silicosis, lung cancer, chronic obstructive pulmonary disease and kidney cancer.