OSHA Inspection: SKY RISE, INC.

Issued

2012-11-01 00:00:00

Penalty

Initial $1600.00 · Current $625.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(c)(1):     A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:    (a) At the worksite, on or about 6/22/2012:  The employer did not develop or implement a written respiratory protection program, where employees performed manual lead paint scraping and wore N-95 half face elastomeric respirators.    Citation reference: 29 CFR 1926.103

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(e)(1):     The employer did not provide a medical evaluation to determine the employees' ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  (Construction Reference 1926.103)  Note:  The employer may discontinue medical evaluations when the employee is no longer required to use a respirator.    (a) At the worksite, on or about 6/22/2012:  The employer did not provide medical evaluations for employees who performed manual lead paint scraping and wore N-95 half face elastomeric respirators.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(k)(3):     Training was not provided prior to requiring employees to use a respirator in the workplace:   (Construction Reference 1926.103)    (a) At the worksite, on or about 6/22/2012:  The employer did not provide training for employees who performed manual lead paint scraping and wore N-95 half face elastomeric respirators.

Issued

2012-11-01 00:00:00

Penalty

Initial $1600.00 · Current $625.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i):  Each employer who had a workplace or operation covered by 29 CFR 1926.62 did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air    (30 ug/m3) calculated as an 8-hour time-weighted average (TWA):    (a)  At the worksite, on or about 6/22/2012:  The employer did not initially determine if the employees manually scraping lead paint were exposed at or above the action level, where the paint contained 2.27% lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(iii):  The employer did not 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)  At the worksite, on or about 6/22/2012:  The employer did not collect personal samples for employees who were scraping lead paint, where the paint contained 2.27% lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(i):  Until the employer performed an employee exposure assessment, as required in 29 CFR   1926.62(d), and documented that the employee(s) performing any of the listed tasks was not exposed above the Permissible Exposure Limit (PEL), the employer did not treat affected employee(s) as if they were exposed above the PEL, and not in excess of ten times the PEL, and did not implement employee protective measures prescribed in   29 CFR 1926.62(d)(2)(v):    (a)  At the worksite, on or about 6/22/2012:  The employer did not treat the employees manually scraping lead paint as if they were exposed at or above the lead PEL, where no exposure assessment had been done and the paint contained 2.27% lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $1600.00 · Current $625.00 Reduced

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 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f):    a)  At the worksite, on or about 6/22/2012:  In the absence of an exposure assessment, the employer did not provide appropriate respiratory protection for painters performing manual scraping of painted surfaces containing lead, where the bulk paint sample collected and analyzed by OSHA contained 2.27% lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(2)(i):     The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to use a respirator:      a)  At the worksite, on or about 6/22/2012:  In the absence of an exposure assessment, the employer did implement an effective respiratory protection program for painters required to wear half face elastomeric respirators while performing manual scraping of painted surfaces containing lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $1600.00 · Current $625.00 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i) and (d)(2)(ii) with training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication:    a)  At the worksite, on or about 6/22/2012:  In the absence of an exposure assessment, the employer did not provide training on the hazards of lead to painters performing manual scraping of painted surfaces containing lead, where the bulk paint sample collected and analyzed by OSHA contained 2.27% lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i): The employer did not communicate information concerning lead hazards according to 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) At the jobsite, on or about 6/22/2012:   Painters were performing manual scraping of painted surfaces containing lead, without receiving adequate training from the employer on the hazards of lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(2)(iv): The employer did not ensure that each employee was trained in the purpose and description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females and hazards to the fetus and additional precautions for employees who are pregnant):    a) At the jobsite, on or about 6/22/2012:  Painters were performing manual scraping of lead paint from surfaces containing lead without receiving training on the health effects associated with exposure to lead and associated protective measures.

Issued

2012-11-01 00:00:00

Abate by

2012-12-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1200(e)(1):     Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): (Construction Reference: 1926.59)      a) At the jobsite, on or about 6/22/2012:   There was no written hazard communication program or any implementation, where painters were performing manual scraping of painted surfaces containing lead.      Abatement certification must be submitted for this item.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B): Until the employer performs an employee exposure assessment as required under paragraph (d) of this section and determines actual employee exposure, the employer shall provide to employees performing the tasks described in paragraphs (d)(2)(i) and (d)(2)(ii) of this section with interim protection as follows:    Appropriate personal protective clothing and equipment in accordance with paragraph (g) of this section.    a)  At the worksite, on or about 6/22/2012:  In the absence of an exposure assessment, the employer did not provide appropriate personal protective clothing and equipment for painters performing manual scraping of painted sufaces containing lead, where the bulk paint sample collected and analyzed by OSHA contained 2.27% lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(g)(1)(i): The employer did not provide, at no cost to the employee, and ensure that the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to coveralls or similar full-body work clothing:    a) At the jobsite, on or about 6/22/2012:  Painters were performing manual scraping of paint containing lead, without the use of appropriate personal protective equipment and clothing.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C): Until the employer performs an employee exposure assessment as required under paragraph (d) ofthis section and determines actual employee exposure, the employer shall provide to employees performing the tasks described in paragraphs (d)(2)(i) and (d)(2)(ii) of this section with interim protection as follows:      Appropriate change areas in accordance with paragraph (i)(2) of this section.    a) At the worksite, on or about 6/22/201212:  In the absence of an exposure assessment, the employer did not provide appropriate change areas for painters performing manual scraping of painted surfaces containing lead, where the bulk paint sample collected and analyzed by OSHA contained 2.27% lead.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas for employees whose airborne exposure to lead was 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)  At the jobsite, on or about 6/22/2012:  In the absence of an exposure assessment, the employer did not provide any change areas as interim protection for painters performing manual scraping of painted surfaces containing lead, where the employees donned and doffed tyvek suits without appropriate clean change areas provided.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(i)(2)(iii): The employer did not ensure that employees did not leave the workplace wearing any protective clothing or equipment that was required to be worn during the work shift:    a)  At the jobsite, on or about 6/22/2012:  Painters performed manual scraping of lead paint where lead dust was released, and the employer provided no change area to ensure painters did not leave wearing clothing worn during the workshift.

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E): Until the employer performs an employee exposure assessment as required under paragraph (d) of this section and determines actual employee exposure, the employer shall provide to employees performing the tasks described in paragraphs (d)(2)(i) and (d)(2)(ii) of this section with interim protection as follows:    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)  At the worksite, on or about 6/22/2012:  In the absence of an exposure assessment, the employer did not provide biological monitoring for painters performing manual scraping of painted surfaces containing lead

Issued

2012-11-01 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(j)(1)(i): The employer did not make available initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level:    a)  At the jobsite, on or about 6/22/2012:  Painters were performing manual scraping of paint containing lead, and they had not been provided with initial medical surveillance when exposure levels were unknown.