Violation Detail
Standard Cited: 19261153 C01
Inspection Nr: 1810988.015
Citation: 02001
Citation Type: Willful
Abatement Status: Not Completed - AD Discretion
Initial Penalty: $33,103.00
Current Penalty: $33,103.00
Issuance Date: 06/11/2025
Nr Instances: 1
Nr Exposed: 3
Abatement Date: 07/09/2025
Gravity: 10
Report ID: 0524200
Contest Date:
Final Order: 07/10/2025
Related Event Code (REC):
Emphasis:
Substance: S103
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | Z: Issued | 06/11/2025 | $33,103.00 | 07/09/2025 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard:
29 CFR 1926.1153(c)(1): For each employee engaged in a task identified in 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) On or about March 14, 2025 at the above mentioned address, employees of Kimberly Construction LLC. did not implement engineering controls and work practices, as specified in Table 1. Employees used a circular saw to cut stucco containing up to 10% of respirable crystalline silica (Quartz) without equipping the tool with a water delivery system that supplies a continuous stream or spray of water at the point of impact or a tool equipped with a commercially available shroud and dust collection system. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.