OSHA Inspection: EUGENIO PAINTING CO

Issued

Sep 4, 2012

Abate by

Sep 18, 2012

Penalty

Initial $2,310 · Current $1,617 Reduced

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, the employees conducting paint removal operations were not provided with medical evaluations when required to wear tight fitting N95 respirators, thereby exposing employees to the hazards associated with respirator use.

Issued

Sep 4, 2012

Abate by

Sep 18, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead based paint while wearing 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

Sep 4, 2012

Penalty

Initial $3,080 · Current $2,156 Reduced

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel 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

Sep 4, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel 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

Sep 4, 2012

Penalty

Initial $2,310 · Current $1,617 Reduced

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel 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

Sep 4, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead paint. The employer did not provide appropriate protective clothing, thereby exposing employees to the hazards associated with lead.

Issued

Sep 4, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1)(ii):  The employer did not provide gloves, hats, and shoes or disposable shoe coverlets:    a.  On or about May 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead based paint.  The employer did not provide shoes or disposable shoe covers, thereby exposing employees to the hazards associated with lead.

Issued

Sep 4, 2012

Penalty

Initial $3,080 · Current $2,156 Reduced

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead based paint and the employer did not provide change areas, thereby exposing employees to the hazards associated with lead.

Issued

Sep 4, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead based paint.  Employees were not provided with clean change areas, thereby exposing employees to the hazards associated with lead.

Issued

Sep 4, 2012

Penalty

Initial $5,390 · Current $3,773 Reduced

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:    a.  On or about May 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead based paint and the employer did not assure biological monitoring of employees was conducted, thereby exposing employees to the hazards associated with lead.

Issued

Sep 4, 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 18, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead based paint and the employer did not assure biological monitoring of employees was conducted, thereby exposing employees to the hazards associated with lead.

Issued

Sep 4, 2012

Penalty

Initial $3,080 · Current $2,156 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(e)(2)(ii)(A): A description of each activity in which lead is emitted; e.g. equipment used, material involved, controls in place, crew size, employee job responsibilities, operating procedures and maintenance practices;    a. On or about May 18, 2012, at the above addressed jobsite, employees were conducting needle gun operations on steel coated with lead paint and the employer did not provide a written description of the activity, thereby exposing employees to the hazards associated with lead.

Issued

Sep 4, 2012

Abate by

Sep 11, 2012

Penalty

Initial $3,080 · Current $2,156 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(1): "All surfaces shall be maintained as free as practicable of accumulations of lead".    a.  On or about May 18, 2012, at the above addressed jobsite, employees did not maintain all surfaces as free as practicable of accumulations of lead dust, thereby exposing employees to the hazards associated with lead

Issued

Sep 4, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(2): Clean-up of floors and other surfaces where lead accumulates shall wherever possible, be cleaned by vacuuming or other methods that minimize the likelihood of lead becoming airborne.     a.  On or about May 18, 2012, at the above addressed jobsite, employees dry swept paint chips off the working surface, thereby exposing the employees to the hazards associated with lead.