Violation Detail
Standard Cited: 19101053 D04
Inspection Nr: 1653496.015
Citation: 01002
Citation Type: Serious
Abatement Date: 3
Initial Penalty: $15,625.00
Current Penalty: $8,333.00
Issuance Date: 04/10/2023
Nr Instances: 1
Nr Exposed: 122
Related Event Code (REC):
Gravity: 10
Report ID: 0521100
Contest Date:
Final Order: 04/19/2023
Emphasis:
Substance: 9000
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | I: Informal Settlement | 04/19/2023 | $8,333.00 | Serious | ||
Penalty | Z: Issued | 04/10/2023 | $15,625.00 | Serious |
Text For Citation: 01 Item/Group: 002 Hazard:
29 CFR 1910.1053(d)(4): The employer shall reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when the employer has any reason to believe that new or additional exposures at or above the action level have occurred. On or about and at times prior to October 11, 2022, at the establishment located at 660 South Hickory Street, Fond du Lac, Wisconsin; in the Legacy Foundry, the employer did not reassess employee exposures to respirable crystalline silica while employees were performing tasks, such as but not limited to knockoff and knockout, after changes were made to the control equipment, such as but not limited to make-up air exhaust, in May 2021, which could be reasonably expected to result in new or additional exposures at or above the action level, exposing employees to the hazards associated with respirable crystalline silica. On or about October 12, 2022, employee exposures to respirable crystalline silica in the Legacy Foundry were reassessed by a third-party consultant. A Legacy Furnace employee was exposed to an 8-hour time-weighted average (TWA) of 52 micrograms per cubic meter (?g/m3) of the respirable crystalline silica, approximately 1.04 times the permissible exposure limit (PEL) of 50 ?g/m3, and approximately 2.08 times the action level (AL) of 25 ?g/m3. The exposure level was collected over a 461-minute sampling period. A Legacy Knockout employee was exposed to an 8-hour TWA of 40 ?g/m3 of respirable crystalline silica, approximately 1.6 times the AL. The exposure level was collected over a 468-minute sampling period. A Legacy Furnace employee was exposed to an 8-hour TWA of 34 ?g/m3 of respirable crystalline silica, approximately 1.36 times the AL. The exposure level was collected over a 450-minute sampling period.