OSHA Inspection: FIVE STAR DECORATING

Issued

Sep 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $1,200 · Current $600 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 June 13, 2012, at the above addressed jobsite, the employees conducting manual scraping operations were not provided with medical evaluations when required to wear tight fitting respirators, thereby exposing employees to the hazards associated with respirator use.

Issued

Sep 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $1,200 · Current $600 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 June 13, 2012 at the above addressed jobsite, employees were conducting manual scraping operations on 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 19, 2012

Abate by

Sep 20, 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 June 13, 2012, at the above addressed jobsite, employees were conducting sandblasting operations on a bridge 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 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $1,200 · Current $600 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 June 13, 2012, at the above addressed jobsite, employees were conducting manual scraping operations on 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 19, 2012

Abate by

Sep 20, 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 during the interim protection phase:    a.  On or about June 13, 2012, at the above addressed jobsite, employees were conducting manual scaping operations on 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 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $1,200 · Current $600 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 June 13, 2012, at the above addressed jobsite, employees were conducting manual scraping operations on lead based paint and the employer did not provide change areas, thereby exposing employees to the hazards associated with lead.

Issued

Sep 19, 2012

Abate by

Sep 20, 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 June 13, 2012, at the above addressed jobsite, employees were conducting paint removal operations on steel coated with lead based paint.  Employees were not provided with a clean change, thereby exposing employees to the hazards associated with lead.

Issued

Sep 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $1,200 · Current $600 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 June 13, 2012, at the above addressed jobsite, employees were conducting manual scraping operations on 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 19, 2012

Abate by

Sep 20, 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 June 13, 2012, at the above addressed jobsite, employees were conducting manual scraping operations on 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 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $1,200 · Current $600 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F):  The employer did not provide training as required under paragraph (l)(1)(i) of this section regarding 29 CFR 1926.59, Hazard Communication; training as required under paragraph (l)(2)(iii) of this section, regarding use of respirators:    a. On or about June 13, 2012, at the above addressed jobsite, employees were conducting manual scraping operations on lead based paint and the employer did not provide lead training, thereby exposing employees to the hazards associated with lead.

Issued

Sep 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i): The employer shall communicate information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR 1926.59, including but not limited to the requirements concerning warning signs and labels, material safety data sheets (MSDS), and employee information and training.    a. On or about June 13, 2012, at the above addressed jobsite, employees were conducting manual scraping operations on lead based paint and the employer did not provide lead training, thereby exposing employees to the hazards associated with lead

Issued

Sep 19, 2012

Penalty

Initial $2,800 · Current $1,400 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.451(g)(1): Each employee on a scaffold more than 10 feet (3.1 m) above a lower level shall be protected from falling to that lower level. Paragraphs (g)(1)(i) through (vii) of this section establish the types of fall protection to be provided to the employees on each type of scaffold. Paragraph (g)(2) of this section addresses fall protection for scaffold erectors and dismantlers.  Note to paragraph (g)(1): The fall protection requirements for employees installing suspension scaffold support systems on floors, roofs, and other elevated surfaces are set forth in subpart M of this part:    a.  On or about June 13, 2012, at the above addressed jobsite, employees were utilizing a canopy scaffold for access to a swing stage scaffold, eleven (11) feet seven (7) inches above the ground, employees were exposed to injuries from falls due to the lack of guardrails.

Issued

Sep 19, 2012

Abate by

Sep 20, 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 June 13, 2012, at the above addressed jobsite, employees were conducting manual demolition operations  of plaster 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 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A): 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 provide to employees appropriate respiratory protection in accordance with paragraph (f) of this section:    a.  On or about June 13, 2012, at the above addressed jobsite, an employee was conducting manual scraping operations on lead based paint.  The employer did not insure a respirator was worn when one was required, thereby exposing the employee to the hazards associated with lead.

Issued

Sep 19, 2012

Abate by

Sep 20, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(3)(i)(A): Select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.    a.  On or about June 13, 2012, at the above addressed jobsite, an employee was conducting manual scraping operation on lead based paint.  The employer did not have the employee wear a respirator when one was required, thereby exposing the employee to the hazards associated with lead.