| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2017-01-25
|
| Emphasis |
N: SILICA
|
| Case Closed |
2018-09-11
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1089661 |
| Safety |
Yes |
|
| Type |
Referral |
| Activity Nr |
1092550 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19260021 B03 |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
3802.5 |
| Initial Penalty |
7605.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.21(b)(3): Employees required to handle or use poisons, caustics, and other harmful substances were not instructed regarding the safe handling and use, and were not made aware of the potential hazards, personal hygiene, and personal protective measures required: a) At the Destiny USA garage renovation, on or about 8/2/2016: The controlling contractor, Pyramid Management Group LLC, failed to protect laborers exposed to caustic wet cement and airborne silica dust. The laborers were not instructed about the skin and respiratory hazards of the work; caustic chemical skin burns occurred as a result, and the silica dust hazard from extensive manual jackhammering was described to laborers as dust, not toxic silica dust requiring specific precautions. Abatement documentation must be submitted. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19260052 B |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
4436.5 |
| Initial Penalty |
8873.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
7 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.52(b): Employees were subjected to sound levels exceeding those listed in table D-2 of 29 CFR 1926.52 and feasible administrative or engineering controls were not utilized to reduce sound levels: (a) At the Destiny USA Mall, Syracuse worksite, on or about 8/2/2016: An employee performing jackhammering was exposed to continuous noise at a level of 898% of the dose of the permissible exposure limit (PEL). The equivalent dBA for the 898% is approximately 108.8 dBA calculated as the 8 hour time weighted sound pressure level. The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 318 minutes. A zero increment was included for the remaining 162 minutes. Administrative and engineering controls were not evaluated or implemented. (b) At the Destiny USA Mall, Syracuse worksite, on or about 8/2/2016: An employee performing jackhammering was exposed to continuous noise at a level of 923% of the dose of the permissible exposure limit (PEL). The equivalent dBA for the 923% is approximately 109.0 dBA calculated as the 8 hour time weighted sound pressure level. The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 318 minutes. A zero increment was included for the remaining 162 minutes. Administrative and engineering controls were not evaluated or implemented. (c) At the Destiny USA Mall, Syracuse worksite, on or about 8/2/2016: An employee performing jackhammering was exposed to continuous noise at a level of 759% of the dose of the permissible exposure limit (PEL). The equivalent dBA for the 759% is approximately 107.5 dBA calculated as the 8 hour time weighted sound pressure level. The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 324 minutes. A zero increment was included for the remaining 156 minutes. Administrative and engineering controls were not evaluated or implemented. (d) At the Destiny USA Mall, Syracuse worksite, on or about 8/2/2016: An employee performing jackhammering was exposed to continuous noise at a level of 496% of the dose of the permissible exposure limit (PEL). The equivalent dBA for the 496% is approximately 104.5 dBA calculated as the 8 hour time weighted sound pressure level. The OSHA permissible exposure limit is 90 dBA. Sampling was conducted for 203 minutes. A zero increment was included for the remaining 277 minutes. Administrative and engineering controls were not evaluated or implemented. Abatement documentation must be submitted. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19260052 D01 |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
4 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.52(d)(1): In all cases where the sound levels exceeded the values shown in Table D-2 of 29 CFR 1926.52, a continuing, effective hearing conservation program was not administered: (a) At the Destiny USA garage renovation, on or about 8/2/2016: The controlling contractor, Pyramid Management Group LLC failed to insure implementation of a hearing conservation program where jackhammer operators were exposed to noise levels exceeding the values in Table D-2. See Citation1, Item 2a for exposure detail. Abatement documentation must be submitted. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19260101 A |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
7 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.101(a): Ear protective devices were not provided and/or were not used when it was not feasible to reduce noise levels or duration of exposures to those specified in Table D-2, Permissible Noise Exposure, in 29 CFR 1926.52: (a) At the Destiny USA garage renovation, on or about 8/2/2016: The controlling contractor, Pyramid Management Group LLC, failed to insure that jackhammer operators were protected from to noise levels exceeding the values in Table D-2, where some jackhammer operators were observed not wearing hearing protective devices when working. See Citation 1, Item 2A for exposure detail. Abatement documentation must be submitted. |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19260055 A |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
4436.5 |
| Initial Penalty |
8873.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.55(a): Exposure of employees to inhalation, ingestion, skin absorption, or contact with any material or substance at a concentration above those specified in the "Threshold Limit Values of Airborne Contaminants for 1970" of the American Conference of Governmental Industrial Hygienists, shall be avoided. See Appendix A to this section. (a) At the Destiny USA garage renovation, on or after 5/19/2016: The controlling contractor, Pyramid Management group LLC, did not prevent the exposure of a jackhammer operator to crystalline quartz silica dust at the 8 hour time weighted average of 1.79 mg/m3, which was 1.29 times the Permissible Exposure Limit (PEL) of 1.39 mg/m3. Sampling was conducted for 465 minutes and a zero increment was included for the remaining 15 minutes. Abatement documentation must be submitted. |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19260055 B |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.55(b): Feasible administrative or engineering controls were not implemented to reduce employee exposure: (a) At the Destiny USA garage renovation on or after 5/19/2016: The controlling contractor, Pyramid Management Group LLC, did not ensure that administrative or engineering controls were employed where a jackhammer operator was exposed to crystalline quartz silica dust at the 8 hour time weighted average of 1.79 mg/m3, which was 1.29 times the Permissible Exposure Limit (PEL) of 1.39 mg/m3. Abatement documentation must be submitted. |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
3802.5 |
| Initial Penalty |
7605.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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: (Construction Reference 1926.103) (a) At the Destiny USA garage renovation, on or after 5/19/2016: The controlling contractor, Pyramid Management Group LLC, did not ensure that there was a written respiratory protection program established or implemented where jackhammer operators were exposed to silica dust and were required to wear N-95 filtering facepiece respirators. Abatement certification must be submitted. |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 D01 III |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form: (Construction Reference 1926.103) (a) At the Destiny USA garage renovation, on or after 5/19/2016: The controlling contractor, Pyramid Management Group LLC, did not ensure that employee exposure monitoring was done to evaluate the severity of the silica hazard created during work where jackhammer operators were exposed to silica dust and were required to wear N-95 filtering facepiece respirators for that dusty work. Abatement certification must be submitted. |
|
| Citation ID |
01004C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K06 |
| Issuance Date |
2017-01-27 |
| Abatement Due Date |
2017-02-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2017-02-21 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer: (Construction Reference 1926.103) (a) At the Destiny USA garage renovation, on or ater 5/19/2016: The controlling contractor, Pyramid Management Group LLC, did not ensure that the jackhammer operators who were given N-95 filtering facepiece respirators for the dusty work, were provided the information and limitations of the respirators, as in Appendix D of the respirator standard. Abatement certification must be submitted. |
|
|
