OSHA Inspection: GARDEN STATE FOUNDATION WATERPROOFING, INC.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazards of asphyxiation and effects of toxic chemicals caused by potentially hazardous atmospheres while working in confined spaces:     a) Lot 53, 70 Stone Mill Way, Logan Township, New Jersey  An employee entered a 19 by 6 pit with 9 foundation walls in order to spray the waterproofing product, Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane). The employee was not provided with the equipment necessary for safely entering the spaces including, but not limited to air monitoring equipment, forced ventilation equipment, rescue equipment such as harnesses and lanyards, and appropriate respiratory protection. On 9/6/12, the applicator/installer who was spraying the Rub-R-Wall SA Primer was overcome and died from his exposure to the hazardous chemicals.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

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) Establishment - A written respirator program that was specific for the establishment was not developed. Employees (applicators/installers) wore North 7700 negative pressure half mask air purifying respirators when spraying waterproofing products such as, but not limited to Rub-R-Wall SA Primer on to concrete foundations. On or about 9/7/12.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness:    a) Establishment - A qualified program administrator was not designated. Employees (applicators/installers) wore North 7700 negative pressure half mask air purifying respirators when spraying waterproofing products such as, but not limited to Rub-R-Wall SA Primer on to concrete foundations. On or about 9/7/12.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Jun 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:     a) Lot 53, 70 Stone Mill Way, Logan Township, New Jersey - Appropriate respirators were not selected for employees  spraying waterproofing chemicals including, but not limited to Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane). On 9/6/12, a sprayer/applicator was waterproofing the foundation wall beneath what was to be the front porch of a structure withRub-R-Wall SA Primer. The space contained an atmosphere that was Immediately Dangerous to Life or Health (IDLH), and the employee, who was wearing a North 7700 negative pressure half mask air purifying respirator, died in the space.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,000 · Current $1,700 Reduced

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:    a) Establishment - Applicator/installers who wore North 7700 negative pressure half mask air purifying respirators while spraying chemical products such as, but not limited to Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane) on concrete foundation walls were not medically evaluated for respirator use. On or about 9/7/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):    a) Establishment - Applicator/installers who wore North 7700 negative pressure half mask air purifying respirators while spraying chemical products such as, but not limited to Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane) on concrete foundation walls were not fit tested. On or about 9/7/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    a) Lot 53, 70 Stone Mill Way, Logan Township, New Jersey - On 9/6/12, an applicator/installer died while spraying Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane on a concrete foundation wall) in a permit required confined space beneath what was to be the front porch of the structure. He was wearing a North 7700 negative pressure half mask air purifying respirator and had several days growth of facial hair under the facepiece seal.       NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.134(g)(3)(i): One employee or, when needed, more than one employee was not located outside the immediately dangerous to life or health atmosphere to provide emergency rescue:    a) Lot 53, 70 Stone Mill Way, Logan Township, New Jersey - On 9/6/12, an applicator/installer died while waterproofing the foundation wall beneath what was to be the front porch of a structure with Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane). The space contained an atmosphere that was considered Immediately Dangerous to Life or Health (IDLH). The employee was working alone with no attendant stationed outside of the space.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $1,200 · Current $1,020 Reduced

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or were not packed or stored to prevent deformation of the facepiece and exhalation valve:    a) Establishment - Employees (applicators/installers) who wore North 7700 negative pressure half mask air purifying respirators stored their respirators on the seats of their trucks. They were not stored in closed containers. On or about 9/20/12.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.134(k)(1)(ii): The employer did not ensure that each employee could demonstrate knowledge of the limitations and capabilities of the respirator:    a) Establishment - Employees (applicators/installers) who wore North 7700 negative pressure half mask air purifying respirators were not trained in the limitations of those respirators. On 9/6/12, an applicator/installer died while waterproofing the foundation wall beneath what was to be the front porch of a structure with Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane). The space contained an atmosphere that was considered Immediately Dangerous to Life or Health (IDLH). The employee was wearing a North 7700 respirator.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 5, 2013

Abate by

Mar 29, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1926.21(b)(6)(i): Employees required to enter into confined or enclosed spaces were not instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required:    a) Establishment - Employees who entered permit required confined spaces within the walls of concrete foundations in order to spray the waterproofing product, Rub-R-Wall SA Primer (styrene, toluene, solvent naphtha, N-heptane), were not instructed in the hazards and precautions to be taken when entering those spaces including, but not limited to conducting monitoring for air contaminants, use of forced ventilation within the spaces, using rescue equipment such as harnesses and lanyards, and having at least one attendant remaining outside of the spaces. On 9/6/12, an applicator/installer who was spraying the Rub-R-Wall SA Primer died in a permit required confined space beneath what was to be the front porch of a structure at Lot 53, 70 Stone Mill Way, Logan Township, New Jersey.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.