OSHA Inspection: WARFEL CONSTRUCTION

Issued

Mar 27, 2013

Abate by

Apr 15, 2013

Penalty

Initial $1,200 · Current $900 Reduced

General-duty citation text

29 CFR 1926.850(a):     Prior to permitting employees to start demolition operations, an engineering survey shall be made, by a competent person, of the structure to determine the condition of the framing, floors, and walls, and possibility of unplanned collapse of any portion of the structure. Any adjacent structure where employees may be exposed shall also be similarly checked. The employer shall have in writing evidence that such a survey has been performed.    a) Warfel Construction/The Audland Building - The employer directed their employees [e.g. carpenters and laborers] to perform demolition activities on the walls throughout the facility. The demolition activities were performed without having had  written evidence an engineering survey was performed. This was observed on December 14, 2012.

Issued

Mar 27, 2013

Penalty

Initial $1,200 · Current $900 Reduced

General-duty citation text

29 CFR 1926.1101(e)(1):     All Class I, II and III asbestos work shall be conducted within regulated areas. All other operations covered by this standard shall be conducted within a regulated area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed a PEL. Regulated areas shall comply with the requirements of paragraphs (2), (3),(4) and (5) of this section.      a) Warfel Construction/Audland Building - The employer did not established a regulated area at the start of the job which involved demolishing the walls [e.g. drywall]  and flooring [e.g. 12"x12" floor tile] which contained chrysotile asbestos in the troweled seam tape and mastic respectively. The compliance officer was informed by the employer on December 14, 2012.

Issued

Mar 27, 2013

Abate by

Apr 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(1):     Engineering controls and work practices for all operations covered by this section. The employer shall use the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure:    a) Warfel Construction/Audland Building - The employer provided N95 disposable respirators to work in an asbestos exposure environment without providing impermeable coveralls, goggles/safety glasses, gloves and a respirator that's properly fitted.

Issued

Mar 27, 2013

Penalty

Initial $1,200 · Current $900 Reduced

General-duty citation text

29 CFR 1926.1101(f)(1)(i):     Each employer who has a workplace or work operation where exposure monitoring is required under this section shall perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.    a) Warfel Construction/Audland Building - It was determine that the employer did not perform exposure monitoring for their multiple employees who were exposed to an airborne concentration of chrysotile asbestos while demolishing asbestos containing building materials. The compliance officer was informed by the site superintendent on December 14, 2012.

Issued

Mar 27, 2013

Abate by

Apr 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(k)(9)(i):     The employer shall train each employee who is likely to be exposed in excess of a PEL, and each employee who performs Class I through IV asbestos operations, in accordance with the requirements of this section. Such training shall be conducted at no cost to the employee. The employer shall institute a training program and ensure employee participation in the program.    a) Warfel Construction/The Audland Building - The employer did not have a training program for their employees [e.g. carpenters and laborers] who were directed to demolish walls that were exposed to chrysotile asbestos, throughout the Audland building. This was observed on December 14, 2012.

Issued

Mar 27, 2013

Penalty

Initial $2,000 · Current $1,500 Reduced

General-duty citation text

29 CFR 1926.1101(f)(2)(i):     Each employer who has a workplace or work operation covered by this standard shall 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. The assessment must be 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.    a) Warfel Construction/The Audland Building - The employer's competent person  [e.g. the site superintendent] did not perform a negative exposure assessment of the Presumed Asbestos Containing Material [PACM] prior to or at the start of the demolition activities occurring on the Class II building material [e.g. drywall] to determine expected exposure of their employees.  This was observed on December 14, 2012.

Issued

Mar 27, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(k)(1)(i):     Employers and building owners shall identify TSI and sprayed or troweled on surfacing materials in buildings as asbestos-containing, unless they determine in compliance with paragraph (k)(5) of this section that the material is not asbestos-containing.  When communicating information to employees pursuant to this standard, owners and employers shall identify "PACM" as ACM.     a) Warfel Construction/The Audland Building - The employer did not identify thermal system insulation or determine that the facility had asbestos containing materials, prior to the start of demolition/removal activities being performed by their employees [e.g. carpenters and laborers]. The  suspected asbestos containing building materials were identified as dry wall [e.g. troweled seam tape] and floor tile [e.g. the backing] which were analysis as containing chrysotile asbestos. This was observed on December 14, 2012.