OSHA Inspection: STUDENT WORKS PAINTING, INC.

Issued

Nov 1, 2011

Abate by

Nov 8, 2011

Penalty

Initial $3,000 · Current $3,000

General-duty citation text

29 CFR 1926.62(c)(1): Employee(s) were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 �g/m3) averaged over an eight-hour period:    a) At the jobsite: On or about July 6, 2011, an employee was exposed to an 8-hr time weighted average of 112.1 �g/m3 which exceeded the Permissible Exposure Limit of 50 �g/m3.    b) At the jobsite: On or about July 6, 2001, an employee was exposed to an 8-hr time weighted average of 375.5 �g/m3 which exceeded the Permissible Exposure Limit of 50 �g/m3.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Mar 14, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(e)(1):  The employer did not implement all feasible engineering and work practice controls, including administrative controls, to reduce and maintain employee exposure to lead to or below the permissible exposure limit:    a)	At the jobsite: On or about July 6, 2011, the employer did not implement engineering controls where employees were exposed to lead above the PEL.  See Citation 1, Item 1a.    Note: Abatement certification is required for this item.    Abatement Note: Abatement will normally be multi step as follows and completed in ninety (90) days:    Step 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented, or whenever such controls fail to reduce employee exposure to within permissible exposure limits.  Step 1 will be completed in five (5) working days of receipt of his citation.    Step 2: Submit to the Area Director a written, detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposure to hazardous substances as referenced in this citation.  This plan shall include, at a minimum, target dates for the following actions which must be consistent with the abatement dates required by this citation:  a) Evaluation of engineering/administrative control options  b) Selection of optimum control methods and completion of design  c) Procurement, installation and operation of selected control measures  d) Testing and acceptance or modification/redesign of control. All proposed control measures shall be approved for each particular use by a competent industrial hygienist or other technically qualified person.  Step 2 will be completed in fifteen (15) working days of receipt of this citation.    Step 3: Thirty (30) day progress reports are required during the abatement period.  This time period may be lengthened or shortened by the Area Director.    Step 4: Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.  Step 4 will be completed in ninety (90) days of receipt of this citation.

Issued

Nov 1, 2011

Penalty

Initial $3,000 · Current $0 Reduced

General-duty citation text

29 CFR 1926.62(d)(1)(i):  The employer did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30 ?g/m3) calculated as an 8-hour time-weighted average (TWA):    a) At the jobsite: On or about July 6, 2011, the employer did not perform an initial exposure assessment when employees were removing lead-based paint from a house.    Note: Abatement certification is NOT required for this item.

Issued

Nov 1, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(d)(1)(iii):  The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level:    a) At the jobsite: On or about July 6, 2011, the employer did not collect representative exposure samples for the employees removing lead-based paint from a house.    Note: Abatement certification is NOT required for this item.

Issued

Nov 1, 2011

Abate by

Nov 16, 2011

Penalty

Initial $3,000 · Current $3,000

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A):  Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (ii), (iii), and (iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f):    a) At the jobsite: On or about July 6, 2011, the employer did not implement an effective respiratory protection program prior to performing an exposure assessment where the actual exposure of employees removing lead-based paint from a house was unknown.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 16, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(f)(2)(i):  The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m):    a) At the jobsite: On or about July 6, 2011, the employer did not provide employees with fit testing or training and allowed an employee with facial hair to wear a respirator.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 8, 2011

Penalty

Initial $3,000 · Current $3,000

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B):  Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (ii), (iii), and (iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g):    a) At the jobsite: On or about July 6, 2011, employees removing lead-based paint from a house were not provided with appropriate personal protective equipment prior to performing an exposure assessment and where the actual exposure levels were unknown.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 8, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(g)(1)(ii):  The employer did not provide, at no cost to the employee, and assure the use of appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to gloves, hats, and shoes or disposable shoe coverlets:    a) At the jobsite: On or about June 6, 2011, employees removing lead-based paint from a house were not provided with shoe covers or hats.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 8, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(g)(1)(iii):  The employer did not provide, at no cost to the employee, and assure the use of appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to face shields, vented goggles, or other appropriate protective equipment which complies with 29 CFR 1910.133:    a) At the jobsite: On or about July 6, 2011, employees removing lead-based paint from a house were not provided with eye protection.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 16, 2011

Penalty

Initial $3,000 · Current $0 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E):  Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (ii), (iii), and (iv) with biological monitoring in accordance with 29 CFR 1926.62(j)(1)(i), that consisted of blood sampling and analysis for lead and zinc protoporphyrin levels:    a) At the jobsite: On or about July 6, 2011, employees removing lead-based paint from a house were not provided with biological monitoring prior to performing an exposure assessment and where the actual exposure levels were unknown.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 16, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(j)(1)(i):  The employer did not make available initial medical surveillance, in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level:    a) At the jobsite: On or about July 6, 2011, employees exposed to lead above the Action Level were not provided with initial medical surveillance.  See Citation 1, Item 1a.    Note: Abatement certification and documentation are required for this item.

Issued

Nov 1, 2011

Abate by

Nov 16, 2011

Penalty

Initial $3,000 · Current $0 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F):  Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (ii), (iii), and (iv) with training as required under sections 29 CFR 1926.62(l)(1)(i) and (l)(2)(iii) and 29 CFR 1926.21:    a) At the jobsite: On or about July 6, 2011, employees removing lead-based paint from a house had not been trained prior to performing an exposure assessment and were the actual exposure levels were unknown.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 16, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(l)(1)(i):  The employer did not communicate information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR 1926.59:    a) At the jobsite: On or about July 6, 2011, employees were not provided with information on the hazards of lead.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 16, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(l)(1)(ii):  The employer did not provide and assure employee participation in a training program in accordance with 29 CFR 1926.62(l)(2) for all employees who were subject to exposure to lead at or above the action level on any day or who were subject to exposure to lead compounds which may cause skin or eye irritation:    a) At the jobsite: On or about July 6, 2011, where employees removing lead-based paint from a house were exposed above the Action Level, they did not receive training on the employers lead safety program.  See Citation 1 Item 1a.    Note: Abatement certification is required for this item.

Issued

Nov 1, 2011

Abate by

Nov 8, 2011

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(m)(2)(i):  The employer did not post the following warning signs in each work area where an employee exposure to lead was above the PEL:  WARNING  LEAD WORK AREA  POISON  NO SMOKING OR EATING:    a) At the jobsite: On or about July 6, 2011, the employer did not have the appropriate signs posted at the jobsite.    Note: Abatement certification is required for this item.