OSHA Inspection: LMC INDUSTRIAL CONTRACTING, INC.

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(1):     On multi-employer worksites, the employer performing work requiring the establishment of regulated areas did not inform other employers on the site of the nature of the employers work with asbestos and/or PACM, of the existence of and requirements pertaining to regulated areas, and the measures taken to ensure that employees of such other employers were not exposed to asbestos:    a.) 15 Prince Street - Second floor - on or about 11/7/12, an employee of LMC removed approximately 2 feet of asbestos containing materials to perform plumbing operations.  The employer did not inform employers on the site of the nature of the employer's work with asbestos and/or PACM, of the existence of and the requirements pertaining to regulated areas, and the measure taken to ensure that employees of such other employers were not exposed to asbestos.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

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 11/6/12, approximately 2 feet of presumed asbestos-containing pipe insulation was removed during the repair of a leak at the ceiling level of a second floor storage room.  Class I asbestos work was not conducted within a regulated area.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

General-duty citation text

29 CFR 1926.1101(f)(1)(i):     Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed:    a.) 15 Prince Street, Second floor storage room, on or about 11/6/12, a plumber removed approximately 2 feet of asbestos-containing materials (15% mixed crysotile and amosite) to fix a leak.  The employer did not conduct exposure monitoroing to determine accurately the airborne concentration of asbestos to which the employees were or potentially were exposed.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

General-duty citation text

29 CFR 1926.1101(f)(2)(i):     The employer with a work operation covered by the asbestos standard did not ensure that a "competent person" conducted an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace:    a.) 15 Prince Street, second floor storage area- On or about 11/6/12, an employee removed approximately 2 feet of insulation materials to repair a leak.  the employer with a work operation covered by the asbesots standard did not ensure that a "competent person" conducted an exposure assessment immediately before or at the iniaitan of the operation to ascertain expected exposures during that operation,    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(o)(3)(i):     On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with 29 CFR 1926.1101(e)(6) did not perform or supervise the following duties, as applicable as specified in 29 CFR 1926.1101(o)(3)(i)(A) through 29 CFR 1926.1101(o)(3)(i)(I):    a.) 15 Prince Street, second floor storage room - on or about 11/6/12, an employee removed approximately 2 liner feet of insulation, while engaged in Class I removal operations.  The employer did not ensure that, when applicable, a competent person:    -Set up the regulated area, enclosure, or other containment;  -Ensure (by on-site inspection) the integrity of the enclosure or containment;  -Set up procedures to control entry to and exit from the enclosure and/or area;  -Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by paragraph (f) of this section;  -Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by paragraphs (h) and (i) of this section;  -Ensure through on-site supervision, that employees set up, use and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements;  -Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in paragraph (j) of this section;  -Ensure that through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and,  -Ensure that notification requirement in paragraph (k) of this section are met.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

General-duty citation text

29 CFR 1926.1101(g)(1)(i):     The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of vacuum cleaners equipped with high efficiency particulate air (HEPA) filters to collect all debris and dust containing asbestos containing material and presumed asbestos containing material:    a.) 15 Prince Street, second floor storage room - on or about 11/6/12, an employee removed approximately 2 feet of insulation from a pipe during a leak repair.  The employer did not ensure that engineering controls and work practices in all operations convered by 29 CFR 1926.1101, regardless of the level of exposure, in the form of vacuum cleaners equipped with high efficiency particulate ari (HEPA) filters to collect all debris and dust containing asbestos containing material and presumed asbestos containing material.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(2):     Control methods were not used to achieve compliance as required by 1926.1101(g)(2)(i) through (g)(2)(v):    a.) 15 Prince Street, second floor storage room - On or about 11/6/12, a plumber removed approximately 2 feet of pipe insulation.  Control methods, such as, but not necessarily limited to: (i)local exhaust ventilation equipped with HEPA filter dust collection systems; (ii) enclosure or isolation of processes producing asbestos dust; (iii) 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; and, (iv)use of other work practices and engineering controls.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(5):     Class I asbestos work was not performed using one or more of the control methods required by 29 CFR 1926.1101(g)(5)(i) through (g)(5)(vi):    a.) 15 Prince Street, second floor storage room - on or about 11/6/12, approximately 2 feet of insulation material was removed during the repair of a leak.  the employer did not ensure that Class I asbestos work was performed using one or more of the control methods required by 29 1926.1101(g)(5)9i0 through (g)(5)(vi), which inlcude:  (i)  Negative Pressure Enclosures  (ii)  Glove Bag Systems  (iii)  Negative Pressure Glove Bag Systems; or,  (iv)  Negative Pressure Glove Box Systems.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(j)(2):     The employer did not ensure that the requirements for Class I work involving less than 25 linear or 10 square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation, were in place:    a.) 15 Prince Street, second floor storage room - On or about 11/6/12, an employee removed appoximately 2 linear feet of insulation materials.  the employer did not ensure that the requirements for Class I work involving less than 25 linear or 10 square feet were met.  These requirements include:    - An equipment room or area that is adjacent to the regulated area for the decontamination of employees and their equipment which is contaminated wtih asbestos, and which consists of an impermeable drop cloth;    -The drop cloth is of sufficient size to accomodate cleaning of equipment and removing personal protective equipment without spreading the contamination beyond the area;    -Work clothing must be cleaned with a HEPA vacuum before it is removed;    -All equipment and surfaces of containers filled with asbestos-containing materials must be cleaned prior to removing them from the equipment room or area.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

General-duty citation text

29 CFR 1926.1101(h)(1)(i):     Respirators were not used during all Class I asbestos jobs:    a.) 15 Prince Street, second floor storage room - on or about 11/6/12, a plumber removed approximately 2 feet of asbestos insulation (15% chrysotile and amosite) and did not wear a respirator, as required.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

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.) 15 Prince Street - 2nd floor - on or about 11/7/12, an employee removed approximately 2 feet of asbestos insulation (15% chrysotile and amosite) while fixing a pipe leak.  The employer did not provide and require the use of protective closthing, 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 require negative exposure assessment was not produced.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(i)(3): Contaminated clothing was not transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with paragraph (k) of this section.    a.) 15 Prince Street, second floor storage room - on or about 11/6/12, a plumber removed approximately 2 feet of insulation to fix a leak in the pipe.  The employer did not ensure that the employee transported contaminated clothing in sealed impermeable bags or other closed impermeable containers.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 21, 2012

Penalty

Initial $5,000 · Current $1,250 Reduced

General-duty citation text

29 CFR 1926.1101(k)(9)(i):     The employer did not institute, at no cost to employees, a training program for each employee who was likely to be exposed in excess of the permissible exposure limit (PEL) and for each employee who performed Class I through IV asbestos operations:    a.) 15 Prince Street - 2nd floor - on or about 11/7/12, an employee removed approximately 2 feet of asbestos (15% chrysotile and amosite) to repair a leak in a pipe: a Class I operation.  The employer had not instituted a training program for each employee who was likely to be exposed in excess of the permissible exposure liit (PEL) and for each employee who performed Class I through IV asbestos operations.    NO ABATEMENT CERTIFICATION REQUIRED