OSHA Inspection: JERSEN CONSTRUCTION GROUP

Issued

Mar 20, 2013

Abate by

Apr 24, 2013

Penalty

Initial $2,100 · Current $1,680 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who has a workplace or operation covered by this standard did not initially determine if any employee may be exposed to lead at or above the action level:    (a) On or about 10/05/2012, at the City of Saratoga Springs Water Filtration Plant, for employees jack-hammering, pressure washing and removing debris from filtration tanks and surrounding areas. Paint contained lead levels ranging between <0.01% to 3.2% lead. No respiratory protection equipment was worn.

Issued

Mar 20, 2013

Abate by

Apr 24, 2013

Penalty

Initial $3,500 · Current $2,800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(1): All Class I, II and III asbestos work was not conducted within regulated areas:    (a) On or about 10/05/2012 at the City of Saratoga Sprints Water Filtration Plant, for employees jack-hammering cement board (transite) inside water filtration tanks. Transite contained 33.3% Chrysotile Asbestos. Work areas were not designated as Regulated Areas that contained warning signs bearing the following information: "Danger Asbestos, Cancer and Lung Disease Hazard, Authorized Personnel Only".

Issued

Mar 20, 2013

Abate by

Apr 24, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1): Engineering controls and work practices for all operations covered by this section were not used. The employer did not use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:    1. Vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM;  2. Wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrated that the use of wet methods is infeasible due to creation of hazardous situations;  3. Prompt clean-up and disposal of wstes and debris contaminated with asbestos in leak-tight containers;  4. Local exhaust ventillation equipped with HEPA filter dust collection system;  5. Enclosure or isolation of processes producting asbestos dust;  6. Ventilation of the regulated area to move contaminated air away from the breathing zone of employees and toward a filtration or collection device equipped with a HEPA filter;  7. Use of other work practices and engineering controls that the Assistant Secretary can show to be feasible; and   8. Whereever the feasible eingineering and work practice controls described above are not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit prescribed in paragraph (c) of this section, the employer shall use them to reduce employee exposure to the lowest levels attainable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of paragraph (h) of this section.    (a) On or about 10/05/2012, at the City of Saratoga Springs Water Filtration Plant, for employees jack-hammering and cleaning-up cement board inside water filtration tanks. Transite contained 33.3% Chrysotile Asbestos. No engineering controls and safe work practices were  used to minimize employee exposure to asbestos fibers.

Issued

Mar 20, 2013

Penalty

Initial $3,500 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1)(ii): Respirators were not used during Class II work where asbestos containing material was not removed in a substantially intact state:    (a) On or about 10/05/2012, at the City of Saratoga Springs Water Filtration Plant, for employees jack-hammering cement board (transite) inside filtration tanks and cleaning up the debris. Transite contained 33.3% Chrysotile Asbestos. Respiratory protection was not used.

Issued

Mar 20, 2013

Penalty

Initial $3,500 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:    (a) On or about 10/05/2012, at the City of Saratoga Springs Water Filtration Plant, for employees jack-hammering cement board (transite) inside water filtration tanks. Transite contained 33.3% Chrysotile Asbestos. A negative exposure assessment had not been performed and employees only wore safety glasses, safety shoes, hard hat and hearing protection.

Issued

Mar 20, 2013

Abate by

Apr 24, 2013

Penalty

Initial $3,500 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(iv)(A): For work with asbestos containing transite panels, training did not include at a minimum, all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section, which specifically relates to that category:    (a) On or about 10/05/2012, at the City of Saratoga Springs Water Filtration Plant, for employees jack-hammering transite panels inside water filtration tanks and cleaning-up debris, work was performed without any specific asbestos training.

Issued

Mar 20, 2013

Abate by

May 24, 2013

Penalty

Initial $3,500 · Current $2,800 Reduced

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 did not 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:     (a) On or about 10/05/2012, at the City of Saratoga Springs Water Filtration Plant, for  employees jack-hammering cement board (transite) inside water filtration tanks. The transite contained 33.3% Chrysotile Asbestos and no exposure monitoring was conducted or had been conducted prior to employees jack-hammering the asbestos-containing transite. The assessment was not 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.

Issued

Mar 20, 2013

Abate by

Apr 24, 2013

Penalty

Initial $3,500 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(1): The employer did not designate a competent person on construction worksites, having the qualifications and authorities for ensuring worker safety and health required by 29 CFR 1926.1101(C), General Safety and Health Provisions for Construction 29 CFR 1926.20 through 29 CFR 1926.32:    (a) On or about 10/05/2012, at the City of Saratoga Springs Water Filtration Plant, for employees jack-hammering tansite panels inside water filtration tanks and cleaning up debris that contained asbestos. Supervisor observing work activities should have recognized that cement board (transite) is a suspect material and should have ceased work activities.