OSHA Inspection: UNIVERSAL TUCKPOINTING & MASONRY INC.

Issued

Nov 14, 2012

Abate by

Dec 18, 2012

Penalty

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

Hazardous substances S104

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a) The employer did not develop a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:    1) Requirement for labeling of containers of hazardous chemicals;  2) Material safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system and any precautionary measures to protect employees.    Employees were exposed to hazardous materials, such as, but not limited to: crystalline silica dust from cutting out the mortar joints between the bricks and mixing mortar, Vulkem 116 polyurethane sealant (contains petroleum distillates), and the Rust-Oleum high performance protective enamel paint (contains mineral spirits).    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 14, 2012

Abate by

Dec 18, 2012

Penalty

Initial $0 · Current $0

Hazardous substances S104

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(h)(1): The employer did not provide employees with information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:    a) Employees were exposed to crystalline silica dust from cutting out the mortar joints between the bricks and mixing mortar, Vulkem 116 polyurethane sealant (contains petroleum distillates), and the Rust-Oleum high performance protective enamel paint (contains mineral spirits), and were not provided with information and training at the time of initial assignment.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 14, 2012

Abate by

Dec 18, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical which they used:    a) A material safety data sheet was not available for the Brixment mortar mix (contains crystalline silica), the Vulkem 116 polyurethane sealant (contains petroleum distillates), and the Rust-Oleum high performance protective enamel paint (contains mineral spirits) employees were using at the site.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 14, 2012

Abate by

Dec 18, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  	  29 CFR 1910.134(a)(2):  The employer did not provide respirators which were applicable and suitable for the purpose intended:    a) The employer provided green MSA single strap dust masks for non-toxic dust for protection against exposure to crystalline silica while using a gas powered cut-off saw to cut out the mortar and bricks above a window. The masks are not approved for this purpose.     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).