OSHA Inspection: L & K PAINTING

Issued

Feb 28, 2013

Penalty

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

Hazardous substances 1592

General-duty citation text

29 CFR 1926.62(c)(1):     The employer did not ensure that no employees were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m3) averaged over an 8-hour period:    (a)  Worksite located at 91 Orchard St, Leominster MA:  On 10/11/12, an employee sanding lead-containing paint off the house was exposed to lead at a concentration of 57 micrograms per cubic meter of air (57 ug/m3) averaged over an 8-hour period.  This exposure exceeded the permissible exposure limit (PEL) for lead, which is 50 ug/m3 averaged over an 8-hour period, by a factor of 1.14.

Issued

Feb 28, 2013

Penalty

Initial $2,800 · Current $0 Reduced

Hazardous substances 1592

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)  Worksite located at 91 Orchard St, Leominster MA:  On 10/11/12, an employee sanding lead-containing paint off the house was exposed to lead at a concentration of 57 micrograms per cubic meter of air (57 ug/m3) calculated as an 8-hour time-weighted average (TWA).  This exposure exceeded the action level for lead, which is 30 ug/m3 calculated as an 8-hour time-weighted average, and the employer had made no initial determination of the employee's lead exposure.

Issued

Feb 28, 2013

Penalty

Initial $2,800 · Current $0 Reduced

Hazardous substances 1592

General-duty citation text

29 CFR 1926.62(e)(3):     When ventilation was used to control lead exposure, the employer did not evaluate the mechanical performance of the system in controlling exposure as necessary to maintain its effectiveness:    (a)  Worksite located at 91 Orchard St, Leominster MA:  On 10/11/12, the employee sanding lead-containing paint off the house using an electric sander with an attached vacuum hose was exposed to lead at a concentration of 57 micrograms per cubic meter of air (57 ug/m3) averaged over an 8-hour period.  This exposure exceeded the permissible exposure limit (PEL) for lead, which is 50 ug/m3 averaged over an 8-hour period, and the employer had not evaluated the mechanical performance of the ventilation system of the sander in controlling exposure as necessary to maintain its effectiveness.

Issued

Feb 28, 2013

Penalty

Initial $2,800 · Current $0 Reduced

General-duty citation text

The violations listed below are grouped together as a single violation because they are closely related in the type of hazard they describe, or describe different aspects of a particular hazard.     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)  Worksite located at 91 Orchard St, Leominster MA:    On 10/11/12, an employee sanding lead-containing paint off the house was exposed to lead at a concentration of 57 micrograms per cubic meter of air (57 ug/m3) averaged over an 8-hour period.  This exposure exceeded the permissible exposure limit (PEL) for lead, which is 50 ug/m3 averaged over an 8-hour period, and the employer had not implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m).

Issued

Feb 28, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(f)(3)(i)(C):     The employer did not provide HEPA filters for powered and non-powered air-purifying respirators:    (a)  Worksite located at 91 Orchard St, Leominster MA:  On 10/11/12, an employee sanding lead-containing paint off the house was exposed to lead at a concentration of 57 micrograms per cubic meter of air (57 ug/m3) averaged over an 8-hour period.  This exposure exceeded the permissible exposure limit (PEL) for lead, which is 50 ug/m3 averaged over an 8-hour period, and the employee was not provided with HEPA filters for the respirator.

Issued

Feb 28, 2013

Penalty

Initial $2,800 · Current $0 Reduced

General-duty citation text

29 CFR 1926.62(g)(1):     Where employees were exposed to lead above the permissible exposure limit, without regard to the use of respirators; where employees were exposed to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide); and as interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), the employer did not provide at no cost to the employee and ensure that each employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments:    Worksite located at 91 Orchard St, Leominster MA:  (a)  On 10/11/12, an employee sanding lead-containing paint off the house was exposed to lead at a concentration of 57 micrograms per cubic meter of air (57 ug/m3) averaged over an 8-hour period.  This exposure exceeded the permissible exposure limit (PEL) for lead, which is 50 ug/m3 averaged over an 8-hour period, and the employee was not provided with appropriate protective work clothing that prevented contamination of himself and his garments.

Issued

Feb 28, 2013

Abate by

Apr 4, 2013

Penalty

Initial $2,800 · Current $0 Reduced

General-duty citation text

29 CFR 1926.62(j)(1)(ii):     The employer did not institute a medical surveillance program in accordance with 29 CFR 1926.62(j)(2) and (j)(3) for all employees who were or may have been exposed by the employer at or above the action level for more than 30 days in any consecutive 12 months.    (a)  Worksite located at 91 Orchard St, Leominster MA:  On 10/11/12, an employee sanding lead-containing paint off the house was exposed to lead at a concentration of 57 micrograms per cubic meter of air (57 ug/m3) calculated as an 8-hour time-weighted average (TWA).  This exposure exceeded the action level for lead, which is 30 ug/m3 calculated as an 8-hour time-weighted average, and there was no medical surveillance program.