Violation Detail
Standard Cited: 19100134 C01 Respiratory Protection.
Inspection Nr: 1496341.015
Citation: 02001A
Citation Type: Willful
Abatement Date: 04/06/2023 2
Initial Penalty: $30,037.00
Current Penalty: $30,037.00
Issuance Date: 04/02/2021
Nr Instances: 1
Nr Exposed: 3
Related Event Code (REC): C
Gravity: 10
Report ID: 0522300
Contest Date: 04/15/2021
Final Order: 03/06/2023
Emphasis:
Substance: 9010
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 03/06/2023 | $30,037.00 | 04/06/2023 | Willful | |
Penalty | C: Contested | 04/15/2021 | $30,037.00 | 05/19/2021 | Willful | |
Penalty | Z: Issued | 04/02/2021 | $30,037.00 | 05/19/2021 | Willful |
Text For Citation: 02 Item/Group: 001A Hazard:
29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: The employer does not protect employees overexposed to respirable crystalline silica by implementing a written respiratory protection program when employees are required to wear a respirator while fabricating countertops consisting of granite, marble and other silica containing stone. This most recently occurred on or about, October 7, 2020, in the fabrication department, the employer had yet to establish and implement a written respiratory protection program when employees were required to wear a Moldex 8003, negative pressure, cartridge respirator, while overexposed to respirable crystalline silica, a carcinogen, generated while fabricating countertops consisting of granite, marble and other silica containing stone. 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. The documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.