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Violation Detail

Standard Cited: 19260101 B Hearing protection.

Inspection Nr: 1186237.015

Citation: 02001B

Citation Type: Serious

Abatement Status: Not Completed - AD Discretion

Initial Penalty: $0.00

Current Penalty: $0.00

Issuance Date: 03/16/2017

Nr Instances: 3

Nr Exposed: 10

Abatement Date: 04/05/2017

Gravity: 10

Report ID: 0316100

Contest Date: 04/07/2017

Final Order: 03/14/2018

Related Event Code (REC):

Emphasis:

Substance: 8110

Substance: 8111


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 03/14/2018 $0.00 04/05/2017 Serious  
Penalty C: Contested 04/07/2017 $0.00 04/05/2017 Willful  
Penalty Z: Issued 03/16/2017 $0.00 04/05/2017 Willful  

Text For Citation: 02 Item/Group: 001B Hazard:

29 CFR 1926.101(b): Ear protective devices inserted in the ear were not fitted or determined individually by competent persons: (a) 2nd Floor NE Stairwell Area - On or about November 4, 2016, Laborer, who was engaged in demolition activities, was exposed to continuous noise at 331.7% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 98.6 dBA. This exposure was observed over a 347 minute sampling period. A zero exposure was assumed for the 133 minutes not sampled. The employee wore ear plugs that were not fitted by a competent person. (b) 2nd Floor SE Stairwell Area - On or about November 4, 2016, Laborer, who was engaged in demolition activities, was exposed to continuous noise at 447.7% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 100.8 dBA. This exposure was observed over a 343 minute sampling period. A zero exposure was assumed for the 137 minutes not sampled. The employee wore ear plugs that were not fitted by a competent person. (c) 2nd Floor NE/SE Stairwell Area - On or about November 4, 2016, Laborer, who was wetting down the demolition areas and removing material from the demolition areas, was exposed to continuous noise at 115.7% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 91.0 dBA. This exposure was observed over a 326 minute sampling period. A zero exposure was assumed for the 154 minutes not sampled. The employee wore ear plugs that were not fitted by a competent person. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the 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 of abatement, or other written records.

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