OSHA Inspection: NUSSBAUM ENTERPRISES, INC.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $2897.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:    On or about April 6, 2017, the employer did not evaluate the respiratory hazards and have a reasonable estimate of employee exposure to respiratory hazards for the employee that cut brick and mixed mortar.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

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:  On or about April 6, 2017, an employee wore a half-mask tight-fitting facepiece respirator and the employer did not provide a medical evaluation to determine the employee's ability to use a respirator.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter:   On or about April 6, 2017, the employer did not provide an annual fit test for the employee who wore tight-fitting half-mask facepiece respirator.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  On or about April 6, 2017, an employee exposed to Particulates Not Otherwise Regulated and silica wore a tight-fitting facepiece respirator and the employer did not prohibit employees with facial hair that interfered with the seal of the respirator from using a tight fitting respirator.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals:  On or about April 6, 2017, the employer provided a half-mask tight-fitting facepiece respirator and the respirator was stored in an open box of respirators at the construction area on a Case 586G forklift and was exposed to dust and sunlight.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training that covered the required elements in 1910.134(k)(1)(i) through 1910.134(k)(1)(vii):  On or about April 6, 2017, the employer required the employees mixing mortar and cutting brick/stone to wear a tight-fitting half-mask facepiece respirator and the employer did not ensure employees were trained on the following at least annually:    a) Why respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator;  b) What the limitations and capabilities of the respirator are;  c) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;   d) How to inspect, put on and remove, use, and check the seals of the respirator;  e) What the procedures are for maintenance and storage of the respirator;  f) How to recognize the medical signs and symptoms that may limit or prevent the effective use of respirators; and  g) The general requirements of this section.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $2897.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    On or about April 6, 2017, employees used Lehigh Masonry Cement Type S, Solomon Colors Inc. Concentrated Mortar Color, Red Brick, and Sandstone, and the employer did not develop, implement, and maintain a written hazard communication program with at least a description of how the criteria for the following requirements would be met by the company:    a) use of labels and other forms of warning,  b) access to safety data sheets,  c) provision of hazardous chemical information and training to employees,  d) maintenance of an updated list of hazardous chemicals present at the job site,   e) methods the employer will use to inform employees of the hazards of non-routine tasks and hazards associated with chemicals contained in unlabeled pipes in their work areas.  f) methods the employer will use to inform other employers on-site on their  precautionary measures to protect employees during normal operating conditions and in foreseeable emergencies, the labeling system used in the workplace and to provide other employers on-site access to safety data sheets.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that safety data sheets were readily accessible to the employees in their work area during each work shift:  On or about April 6, 2017, the employer did not have safety data sheets for Lehigh Masonry Cement Type S, Solomon Colors Inc. Concentrated Mortar Color, Red Brick, and Sandstone readily accessible for the employees in their work area when the chemicals were used.

Issued

2017-06-15 00:00:00

Abate by

2017-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  On or about April 6, 2017, employees were exposed to Lehigh Masonry Cement Type S, Solomon Colors Inc. Concentrated Mortar Color, Red Brick, and Sandstone, and the employer did not provide information and training on the hazardous chemicals in their work area and the pictograms.