OSHA Inspection: CHOATE THOMAS WAYNE DBA CHOATE THOMAS WAYNE

Issued

2026-05-26

Penalty

Initial $1447 · Current $700 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) On or about 28 April 2026, employee(s) were exposed to respirable crystalline silica (up to 8%) dust when chipping the concrete walkway between the street and the sidewalk using a Harbor Freight HERCULES FORCE Hex Breaker Hammer.  Employee(s) did not utilize respiratory protection.   The employer failed to implement the engineering controls referenced in Table 1 Section (X), in that jackhammer was not equipped with either a water delivery system that supplied a continuous stream or spray of water at the point of impact; or with a commercially available shroud and dust collection system.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2026-05-26

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(d)(2)(i): General. The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section.   a) On or about 28 April 2026, the employer did not assess the exposure of its employees to respirable crystalline silica (quartz).   Worker(s) were exposed to respirable crystalline silica (up to 8%) dust when chipping the concrete walkway between the street and the sidewalk using a Harbor Freight HERCULES FORCE Hex Breaker Hammer which was not equipped with engineered dust control methods.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2026-05-26

Abate by

2026-07-14

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(g)(1): Written exposure control plan. The employer shall establish and implement a written exposure control plan that contains at least the following elements:   a) On or about 28 April 2026, the employer did not establish a respirable crystalline silica exposure control plan covering the elements listed in paragraphs (i) through (iv) of this section.  Worker(s) were exposed to respirable crystalline silica (up to 8%) dust when chipping the concrete walkway between the street and the sidewalk using a Harbor Freight HERCULES FORCE Hex Breaker Hammer which was not equipped with engineered dust control methods.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2026-05-26

Abate by

2026-07-14

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(2)(i): Employee information and training. The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least paragraphs (A)( through (F) of this section.   a) On or about 28 April 2026, the employer did not provide employees with information and training on the health hazards associated with respirable crystalline silica; the specific workplace tasks that could result in exposure;  and the specific measures implemented to protect employees, including engineering controls, work practices and respirators to be used.  Worker(s) were exposed to respirable crystalline silica (up to 8%) dust when chipping the concrete walkway between the street and the sidewalk using a Harbor Freight HERCULES FORCE Hex Breaker Hammer which was not equipped with engineered dust control methods.    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.  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.