OSHA Inspection: WEATHERSURE SYSTEMS, INC

Issued

Jun 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $1,785 · Current $1,071 Reduced

General-duty citation text

29 CFR 1926.20(b)(2):  The employer did not initiate and maintain a safety program which provides for frequent and regular inspections of jobsites, materials, and equipment to be made by a competent person (i.e., a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them):    a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO:  On and before May 15, 2012, the employer did not ensure a safety program was developed and implemented for the work environment to include regular inspections of the job-site, materials, and equipment; conducted by a competent person. Eight employees were repairing concrete joints in a parking structure and were over-exposed to silica, not adequately protected from traffic, and were tools without guards.  These conditions exposed employees to inhalation and struck-by hazards.    Abatement Note: OSHA defines a "competent" person as one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jun 18, 2012

Abate by

Sep 16, 2012

Penalty

Initial $4,900 · Current $2,940 Reduced

General-duty citation text

29 CFR 1926.55(a): Exposure of employees to inhalation, ingestion, skin absorption, or contact with any material or substance at a concentration above those specified in the "Threshold Limit Values of Airborne Contaminants for 1970" of the American Conference of Governmental Industrial Hygienists occurred:    (a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: On May 17, 2012 employees were exposed to inhalation of a material at a concentration above the Threshold Limit Value of Airborne Contaminants for 1970 in that Employee A was exposed to silica at a concentration of 58.8 million particles per cubic foot (mppcf), which is 4.2 times the permissible exposure limit of 13.88 mppcf.  This condition exposed Employee A to respiratory hazards including silicosis.    (b) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: On May 17, 2012 employees were exposed to inhalation of a material at a concentration above the Threshold Limit Value of Airborne Contaminants for 1970 in that Employee B was exposed to silica at a concentration of 32.10 million particles per cubic foot (mppcf), which is 2.6 times the permissible exposure limit of 12.5 mppcf.  This condition exposed Employee B to respiratory hazards including silicosis.    (c) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: On May 17, 2012 employees were exposed to inhalation of a material at a concentration above the Threshold Limit Value of Airborne Contaminants for 1970 in that Employee C was exposed to silica at a concentration of 62.3 million particles per cubic foot (mppcf), which is 4.7 times the permissible exposure limit of 13.16 mppcf.  This condition exposed Employee C to respiratory hazards including silicosis.    (d) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: On May 17, 2012 employees were exposed to inhalation of a material at a concentration above the Threshold Limit Value of Airborne Contaminants for 1970 in that Employee D was exposed to silica at a concentration of 50.56 million particles per cubic foot (mppcf), which is 3.6 times the permissible exposure limit of 13.88 mppcf.  This condition exposed Employee D to respiratory hazards including silicosis.    (e) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: On May 17, 2012 employees were exposed to inhalation of a material at a concentration above the Threshold Limit Value of Airborne Contaminants for 1970 in that Employee E was exposed to silica at a concentration of 76.7 million particles per cubic foot (mppcf), which is 5.8 times the permissible exposure limit of 13.16 mppcf.  This condition exposed Employee E to respiratory hazards including silicosis.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jun 18, 2012

Abate by

Sep 16, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.55(b) To achieve compliance with paragraph (a) of this section, administrative or engineering controls must first be implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section.     (a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: On May 17, 2012 the employer did not implement administrative or engineering controls to achieve compliance with paragraph (a) of this section in that the employer relied on respiratory protection when employees were exposed to silica in excess of the OSHA Permissible Exposure Limit (PEL).   This condition exposed employees performing concrete joint work to a respiratory hazard.    Abatement Note: 29 CFR 1926.55(b) further states, "feasible engineering controls include, but are not limited to the use of a dust capture system on the saw or use of a wet saw.  Any equipment and technical measures used for this purpose must first be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1926.103".  1926.103 defers to the General Industry standard for respirators, 1910.134.    STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering controls and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.  Respirators with elastomeric facepieces and P100 filters would be appropriate for this tasks.    STEP 1 Abatement Date (15 Days):     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 exposures to silica.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:    (a) Evaluation of the extent and location of the hazard source  (b) Evaluation of control measure options  (c) Selection of optimum control measures  (d) Determination of control measure design  (e) Ordering and delivery of equipment  (f) Installation of control measures  (g) Training of employees in proper operation and maintenance of newly implemented control measures  (h) Assurance of the effective performance of control measures    All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty (30) day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.    STEP 2 Abatement Date (60 Days):     STEP 3: Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.    STEP 3 Abatement Date: (90 Days):     Abatement Note: Abatement certification and documentation are required for this item (see enclosed "Sample Abatement Certification Letter").

Issued

Jun 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program with required worksite-specific procedures , as specified in subparagraphs (c)(1)(i) through (ix) of this section was not established and implemented where respirator(s) were necessary to protect the health of the employee or whenever respirator(s) were required by the employer:     (a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: The employer did not ensure a worksite specific written respiratory protection program was established and implemented in the workplace when respirators were necessary.  Employees were exposed to silica during concrete joint work.  The respiratory protection program does not specify which tasks require respirator use and which tasks may have voluntary use, nor does the program include a record of past air monitoring which supports the decision for respirator use.  This condition exposes employees to respiratory hazards such as silicosis.    Abatement Note: The written program shall include at least the following:  1. Procedures for selecting respirators for use in the workplace;  2. Medical evaluations of employees required to use respirators;  3. Fit testing procedures for tight-fitting respirators;  4. Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;  5. Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;  6. Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;  7. Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;  8. Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and  9. Procedures for regularly evaluating the effectiveness of the program.    Abatement Note: Please review the sample respiratory protection program outlined in the "Small Entity Compliance Guide for the Respiratory Protection Standard" (2011) on pages 101-111.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jun 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1) 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) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: The employer did not provide medical evaluations to determine each employee's ability to use a respirator, before the employee was fit tested or required to use a respirator in the workplace.  This condition may allow employees with pre-existing medical conditions to use respirators when they are not physically capable of doing so.    Abatement Note: "Appendix C to Sec. 1910.134: OSHA Respirator Medical Evaluation Questionnaire" contains the mandatory information that employees must complete so that a physician (health care professional) may decide if it is appropriate for the employees to wear a respirator.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jun 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2) The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter:    (a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: The employer did not ensure that employees were fit tested prior to using tight-fitting facepiece respirators.  Employees cutting concrete joints in a parking structure were exposed to silica in excess of the OSHA PEL and were not fit tested prior to use of tight-fitting respirators.  Improper respirator fit exposes employees to respiratory hazards.    Abatement Note: The employer shall establish a record of the qualitative and quantitative fit tests administered to an employee including:  The name or identification of the employee tested;  Type of fit test performed;  Specific make, model, style, and size of respirator tested;  Date of test; and  The pass/fail results for QLFTs or the fit factor and strip chart recording or other recording of the test results for QNFTs.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jun 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $2,380 · Current $1,428 Reduced

General-duty citation text

29 CFR 1926.200(g)(1): Construction areas were not posted with legible traffic signs at points of hazards:    (a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: the emloyer did not post legible traffic signs at points of hazards.  A crew of 8 workers at level 10A in a parking structure were cutting and grinding concrete floor joints which obscured visibility of the workers by drivers coming up the ramp. There were no signs prior to the work area to warn drivers that the workers would be there.  This condition exposed employees to the hazard of being hit by vehicles.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jun 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $2,380 · Current $1,428 Reduced

General-duty citation text

29 CFR 1926.300(b)(1): Power operated tool(s), designed to accommodate guards, were not equipped with such guards when in use:    (a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: On and before May 17, 2012 power operated tools, designed to accommodate guards, were not equipped with guards when in use.  Employees were using 4 1/2" portable angle grinders fitted with crack chaser blades with the manufacturer guard installed.  This condition exposed employees to a flying debris hazard.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Jun 18, 2012

Abate by

Jul 18, 2012

Penalty

Initial $2,380 · Current $1,428 Reduced

General-duty citation text

29 CFR 1910.1200(h)(3)(i) Employee training did not include methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area:    (a) WeatherSure Systems, Inc. at 1755 Sherman St. in Denver, CO: The employer did not include methods and observations employees could use to detect the presence or release of a hazardous chemical in the work area in that employees were not trained to recognize the hazard of silica contained in the dust they were exposed to during concrete joint work.  This condition exposed employees to respiratory hazards including silicosis.    Abatement Note: Training must include details of the physical and health hazards of the chemicals in the work area.    Abatement Note: The requirements applicable to construction work under this section are identical to those set forth at 1910.1200 of this chapter.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").