OSHA Inspection: ALCO PAINTING AND REMODELING

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(2):  Asbestos hazards at a multi-employer work site was not abated by the contractor who created or controls the source of asbestos contamination:    a)   The Reserve at Pecan Valley Apartments:  On or about March 9, 2012, Alco Painting and Remodeling did not abate the source of asbestos contamination in apartment units in which asbestos containing ceiling was in deteriorated condition in Buildings 29, 30 and 31 exposing employees to the inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(1):  All Class I, II, and III asbestos work was not conducted within regulated areas:    a)  The Reserve at Pecan Valley Apartments:  On or prior to March 9, 2012, Alco Painting and Remodeling did not ensure that building materials containing class I removal of presumed asbestos ceiling material from building 29, 30 and 31 was not conducted within regulated areas.  This condition exposed employees to inhalation of airborne asbestos fibers.    b)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012, Alco Painting and Remodeling did not ensure that building materials containing class I removal of presumed asbestos ceiling material from building 29, 30 and 31 was not conducted within regulated areas.  This condition exposed employees to inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(1)(i):  Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed:    a)   The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not monitor for the concentration of potentially airborne asbestos when employees were disturbing and removing asbestos containing ceiling material from building 29, 30 and 31.  This condition exposed employees to the inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(i):  The employer failed to ensure that the exposure assessment by a "competent person" was conducted in time to comply with requirements which are triggered by the exposure data or the lack of a negative exposure assessment:    a)   The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not perform an exposure assessment by a "competent person" prior to disturbance and removal of sprayed on popcorn ceiling containing asbestos in building 29, 30, 31.  This Condition exposed employees to inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(i):  The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of vacuum cleaners equipped with high efficiency particulate air (HEPA) filters to collect all debris and dust containing asbestos containing material and presumed asbestos containing material:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not provide HEPA vacuum cleaners or other engineering controls for employees conducting class I asbestos removal of ceiling material in buildings 29, 30, and 31 exposing employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(ii):  The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of wet methods or wetting agents to control employee exposures during asbestos handling, mixing, removal, cutting, application and cleanup:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not provide wet methods or wetting agents or other engineering controls when employees were disturbing or removing friable asbestos ceiling material in buildings 29, 30, 31.  This condition exposed employees to inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(iii):  The employer did not use work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of prompt clean-up and disposal of wastes and debris contaminated with asbestos, in leak-tight containers:    a)   The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, the Alco Painting did not perform clean-up and disposal of waste and debris in containers that were leak-tight, wallboard and ceiling debris was observed at the worksite in dumpsters in piles and littered in the apartment parking lot exposing employees to airborne asbestos fibers.  Employees stated that building materials were removed from buildings 29, 30, and 31.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(2):  Control methods were not used to achieve compliance as required by sections 1926.1001(g)(2)(i) through (g)(2)(v):    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not provide any control methods such as:  Local exhaust ventilation with HEPA dust collection system, enclosure or isolation of processes producing asbestos dust, ventilation, or other feasible work practices or engineering controls during removal of asbestos containing ceiling material or floor tile and mastic exposing employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1)(i):  The employer did not provide respirators and ensure that they were used during all Class I asbestos jobs:    a)   The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting did not provide respirators for employees performing class I asbestos removal of ceiling material exposing employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Oct 31, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(2)(i):  A written respiratory protection program that included the provisions in 29 CFR 1910.134(b) - (d) with worksite specific procedures was not established and implemented for required respirator use:    a) The Reserve at Pecan Valley Apartments:  On or about March 14, 2012, Alco Painting and Remodeling issued employees respirators while working on a worksite containing asbestos without establishing a writen respiratory protection program and none of the provisions in the standard were developed or implemented.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(1):  The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not provide appropriate protective clothing for employees performing disturbance and removal or asbestos containing ceiling material and floor tile and mastic and a negative exposure assessment was not conducted; exposing employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 7, 2012

Penalty

Initial $4,200 · Current $2,520 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(i):  Before the employer permitted its own employees to perform work subject to this standard in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):    a)  The Reserves at Pecan Valley:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not identify the presence, location, and quantitiy of asbestos containing material and presumed asbestos containing material prior to employees removing ceiling material and mastic containing asbestos.  This condition exposed employees to airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(ii):  Before working in adjacent areas, employers of employees who were performing such work did not inform the employees who were performing such work and employers of employees who were working in adjacent areas:    a)  The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not inform his employees or other subcontractors working under him of the disturbance or removal of Asbestos containing material or presumed asbestos containing material was present in the work area exposing employees to airborne asbestos.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $1,800 · Current $1,080 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(i):  The employer did not institute, at no cost to employees, a training program for each employees who were likely to be exposed in excess of the PEL and for all employees who performed Class I through IV asbestos operations:    a)   The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior to, Alco Painting and Remodeling did not provide employees who were disturbing or removing asbestos ceiling material at the site, with asbestos training, regarding the hazards of asbestos and the proper methods for class I work.  This condition exposed employees to the inhalation of airborne asbestos fibers.

Issued

Sep 6, 2012

Abate by

Sep 11, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(1):  The employer did not designate a competent person on construction worksites, having the qualifications and authorities for ensuring worker safety and health required by 29 CFR 1926.1101(C), General Safety and Health Provisions for Construction 29 CFR 1926.20 through 29 CFR 1926.32:    a)   The Reserve at Pecan Valley Apartments:  On or about March 9, 2012 and at times prior thereto, Alco Painting and Remodeling did not designate a competent person on site to ensure worker safety and health where asbestos containing ceiling material and floor tile with mastic had been disturbed and removed.  This condition exposed employees to inhalation of airborne asbestos fibers.