OSHA Inspection: MADISON CONSTRUCTION COMPANY

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $3,500 · Current $700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(1): All Class I, II and III asbestos work shall be conducted within regulated areas. All other operations covered by this standard shall be conducted within a regulated area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed a PEL. Regulated areas shall comply with the requirements of paragraphs (2), (3),(4) and (5) of this section.      a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The work area was not regulated, was not demarcated, access was not limited to authorized persons, respirators were not utilized and the work was not supervised by a competent person, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $3,500 · Current $700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(1)(i): Each employer who has a workplace or work operation where exposure monitoring is required under this section shall perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.    a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic. The employer did not perform exposure monitoring, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(i): Each employer who has a workplace or work operation covered by this standard shall ensure that a "competent person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.      a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer did not perform an exposure assessment, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(ii): Basis of Initial Exposure Assessment: Unless a negative exposure assessment has been made pursuant to paragraph (f)(2)(iii) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this section. The assessment shall take into consideration both the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job. For Class I asbestos work, until the employer conducts exposure monitoring and documents that employees on that job will not be exposed in excess of the PELs, or otherwise makes a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, the employer shall presume that employees are exposed in excess of the TWA and excursion limit.    a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer failed to conduct an initial exposure assessment, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(3)(i): Class I and II operations. The employer shall conduct daily monitoring that is representative of the exposure of each employee who is assigned to work within a regulated area who is performing Class I or II work, unless the employer pursuant to (f)(2)(iii) of this section, has made a negative exposure assessment for the entire operation.      a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer did not conduct a negative exposure assessment nor conduct daily monitoring to determine the employees exposure, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $3,500 · Current $700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i): For removing vinyl and asphalt flooring materials which contain ACM or for which in buildings constructed no later than 1980, the employer has not verified the absence of ACM pursuant to paragraph (g)(8)(i)(I) of this section. The employer shall ensure that employees comply with the following work practices and that employees are trained in these practices pursuant to paragraph (k)(9) of this section:    a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer failed to ensure the following:    1. Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool (no brush) shall be used to clean floors.   2. Resilient sheeting shall be removed by cutting with wetting of the snip point and wetting during delamination.  Rip-up of resilient sheet floor material is prohibited.   3. All scraping of residual adhesive and/or backing shall be performed using wet methods.   4. Dry sweeping is prohibited.   5. Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of paragraph (g)(5)(i) of this section.   6. Tiles shall be removed intact, unless the employer demonstrates that intact removal is not possible.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $3,500 · Current $700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1): General. For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:    a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer did not provide an appropriate respirator to employees, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(2)(i): The employer must implement a respiratory protection program in accordance with  1910.134 (b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator.    a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer did not implement a respiratory protection program, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(3)(i)(A): Employers must select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134; however, employers must not select or use filtering facepiece respirators for use against asbestos fibers.    a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer did not select appropriate respirators, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $3,500 · Current $700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(i): The employer shall train each employee who is likely to be exposed in excess of a PEL, and each employee who performs Class I through IV asbestos operations, in accordance with the requirements of this section. Such training shall be conducted at no cost to the employee. The employer shall institute a training program and ensure employee participation in the program.      a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer did not institute a training program, thereby exposing employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $3,500 · Current $700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(1): General. On all construction worksites covered by this standard, the employer shall designate a competent person, having the qualifications and authorities for ensuring worker safety and health required by Subpart C, General Safety and Health Provisions for Construction (29 CFR 1926.20 through 1926.32).      a. On or about August 17, 2012, at the above addressed jobsite, a compentent person was not available during the work activities to recognize the hazards involved with and the need for protection while conductin Class II asbestos work, thereby exposing the employees to the hazards associated with asbestos.

Issued

Nov 15, 2012

Abate by

Nov 21, 2012

Penalty

Initial $3,500 · Current $700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(2): Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations where the procedures specified in paragraph (g)(8)(ii) of this section apply.    a. On or about August 17, 2012, at the above addressed jobsite, employees were conducting Class II asbestos work, removal of asbestos tile and associated mastic.  The employer did not dispose of waste in sealed containers, thereby exposing employees to the hazards associated with asbestos.