OSHA Inspection: WACLAW CILULKO DBA AMERICAN MASONRY & SUPPLY, INC.

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $28,000 · Current $28,000

Hazardous substances 15919010

General-duty citation text

29 CFR 1910.134(e)(1): General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.    a. On or about May 6, 2012, at the above addressed jobsite, employees conducting sandblasting operations were not provided with medical evaluations when required to wear tight fitting 3M Full Face Respirators, thereby exposing employees to the hazards associated with respirator use.

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 15919010

General-duty citation text

29 CFR 1910.134(f): Fit testing. This paragraph requires that, before an employee may be required to use any respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit tested with the same make, model, style, and size of respirator that will be used. This paragraph specifies the kinds of fit tests allowed, the procedures for conducting them, and how the results of the fit tests must be used.    a.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting clean up operations of spent abrasive that contained lead based paint while wearing full face tight fitting respirators. The employer did not provide employees with a quantitative or qualitative fit test, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $28,000 · Current $28,000

Hazardous substances 15919010

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who has a workplace or operation covered by this standard shall initially determine if any employee may be exposed to lead at or above the action level.    a.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting operations on walls/columns coated with lead based paint.  The employer did not collect personal samples to determine employee(s) exposure to lead, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 15919010

General-duty citation text

29 CFR 1926.62(d)(1)(iii): With the exception of monitoring under paragraph (d)(3), where monitoring is required under this section, the employer shall 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.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting operations on walls/columns coated with lead based paint.  The employer did not collect personal samples for employees exposure, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 13, 2012

Penalty

Initial $28,000 · Current $28,000

Hazardous substances 15919010

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B): Until the employer performed an employee exposure assessment as required under paragraph (d) of this section and determined actual employee exposure, the employer did not assure appropriate personal protective work clothing (PWC) and equipment was used in accordance with paragraph (g) of this section:    a.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting operations on walls/columns coated with lead based paint and the employer did not assure appropriate protective work clothing was used, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 13, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 15919010

General-duty citation text

29 CFR 1926.62(g)(1): To prevent contamination of the employee and employees garments the employer did not provide at no cost to the employee coveralls or similar full body clothing and assure there use where employees are exposed to lead above the PEL without regard to the use of respirators:    a.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting operations on walls/columns coated with lead based paint. The employer did not provide employees with protective clothing, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 13, 2012

Penalty

Initial $28,000 · Current $28,000

Hazardous substances 15919010

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C):  The employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv) of this section interim protection such as change areas in accordance with paragraph (i)(2) of this section:    a. On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting operations on walls/columns coated with lead based paint and the employer did not provide change areas, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 15919010

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer shall provide clean change areas for employees whose airborne exposure to lead is above the PEL, and as interim protection for employees performing tasks as specified in paragraph (d)(2) of this section, without regard to the use of respirators.    a.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting operations on walls/columns coated with lead based paint.  Employees were not provided with a clean change areas, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $28,000 · Current $28,000

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E): Biological monitoring in accordance with paragraph (j)(1)(i) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels, and    a.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting on walls/columns which were coated with lead based paint.  The employer failed to make available initial medical surveillance in the form of blood sampling and analysis for lead, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(j)(1)(i): The employer shall make available initial medical surveillance to employees occupationally exposed on any day to lead at or above the action level. Initial medical surveillance consists of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels.      a.  On or about May 6, 2012, at the above addressed jobsite, employees were conducting sandblasting on walls/columns which were coated with lead based paint.  The employer failed to make available initial medical surveillance in the form of blood sampling and analysis for lead, thereby exposing employees to the hazards associated with lead.

Issued

Nov 6, 2012

Abate by

Dec 26, 2012

Penalty

Initial $28,000 · Current $28,000

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(e)(2)(i): Prior to commencement of the job each employer shall establish and implement a written compliance program to achieve compliance with paragraph (c) of this section.    a.  On or about May 6, 2012, at the above addressed jobsite, the employer had not established and implemented a written compliance plan which included at least the following:    1.  a written description of each activity in which lead was emitted;   2.  a report of technology considered in meeting the personal exposure limit;   3. air monitoring data;   4. a detailed schedule for implementation of the compliance program;   5. work practice program which included items required under paragraphs (f), (h) and (i) of this section and incorporate other relevant work practiced such as those specified in paragraph (e)(5) of this section;

Issued

Nov 6, 2012

Abate by

Nov 27, 2012

Penalty

Initial $28,000 · Current $28,000

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(3): Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.    a.  On or about May 6, 2012, at the above addressed jobsite, employees dry swept spent abrasive off the working surface, thereby exposing the employees to the hazards associated with lead.