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Violation Detail
Standard Cited: 19100134 E01 Respiratory Protection.
Inspection Nr: 1395728.015
Citation: 01002B
Citation Type: Serious
Abatement Date: 11/04/2019 2
Initial Penalty: $0.00
Current Penalty: $0.00
Issuance Date: 09/16/2019
Nr Instances: 1
Nr Exposed: 1
Related Event Code (REC):
Gravity: 5
Report ID: 0214200
Contest Date: 10/30/2019
Final Order: 05/07/2020
Emphasis:
Substance: 9000
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 05/07/2020 | $0.00 | 11/04/2019 | Serious | |
| Penalty | C: Contested | 11/04/2019 | $0.00 | 11/04/2019 | Serious | |
| Penalty | Z: Issued | 09/16/2019 | $0.00 | 11/04/2019 | Serious |
Text For Citation: 01 Item/Group: 002B Hazard:
29 CFR 1910.134(e)(1) as referenced by 29 CFR 1926.103: 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: (a) 380 Mountain Rd., Union City, NJ The employer failed to provide a medical evaluation for a new employee who was required to wear a 3M 8210 disposable filtering face piece respirator while assisting with removal of concrete barrier in parking garage. On 04/29/2019, employees using jack hammers to remove concrete barrier were exposed to crystalline respirable silica at an 8-hour time-weighted average (TWA) of 119.7 micrograms per cubic meter (ug/m3) and 311.2 ug/m3, which are 2.4 and 6.2 times the permissible exposure limit (PEL) of 50 ug/m3. Zero exposure was assumed for unsampled periods of 135 minutes and 140 minutes respectively. Condition observed on or about 04/29/2019