Violation Detail
Standard Cited: 19100134 E01 Respiratory Protection.
Inspection Nr: 1496341.015
Citation: 02001B
Citation Type: Willful
Abatement Date: 04/06/2023 2
Initial Penalty: $0.00
Current Penalty: $0.00
Issuance Date: 04/02/2021
Nr Instances: 1
Nr Exposed: 3
Related Event Code (REC): C
Gravity: 5
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 | $0.00 | 04/06/2023 | Willful | |
Penalty | C: Contested | 04/15/2021 | $0.00 | 05/19/2021 | Willful | |
Penalty | Z: Issued | 04/02/2021 | $0.00 | 05/19/2021 | Willful |
Text For Citation: 02 Item/Group: 001B Hazard:
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: The employer does not protect each employee required to wear a respirator by providing a medical evaluation to determine the employee's ability to use a respirator before it was required to be used while fabricating countertops consisting of silica containing stone. This most recently occurred on or about, October 7, 2020, in the fabrication department, the employer had yet to determine if employees were medically able to wear a Moldex 8003, negative pressure, cartridge respirator when employees were required to wear the respirator while fabricating countertops consisting of granite, marble and generated respirable crystalline silica. 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.