OSHA Inspection: ELLICOTT DEVELOPMENT CO.

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $4,400 · Current $3,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i):     The employer who had a workplace or operation covered by 29 CFR 1926.62, did not perform monitoring to determine if employees may be exposed to lead at or above the action level:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead.  The employer did not perform an initial exposure assessment in order to determine if any employee may be exposed to lead above the action level.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(iii):     The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead.  The employer did not collect personal samples representative of a full shift, including at least one sample representative of the highest potential exposure.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $4,400 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A):     Prior to the performance of an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f):    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead.  The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with appropriate respiratory protection as required by the standard.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(iv):     Respirators were not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees with respiratory protection as interim protection for these employees.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $4,400 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B):     Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g):    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing the described in 29 CFR 1926.62(d)(2), with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g).  Employees wore their street clothing while performing these tasks.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1):     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 such as, but not limited to, (i) coveralls or similar full-body clothing, and (ii) gloves, hats, and shoes or disposable s:hoe coverlets:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure. The employer did not provide and ensure the use of appropriate protective work clothing and equipment.  Employees wore their street clothing while performing these tasks.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $4,400 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C):     Prior to the performance of an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with change areas in accordance with 29 CFR 1926.62(i)(2):    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing the tasks described in 29 CFR 1926.62(d), with change areas in accordance with 1926.62(i)(2).    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i):     The employer did not provide clean change areas as an interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), without regard to the use of respirators:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees with clean change areas as interim protection for these employees.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(j)(1)(i):     The employer did not make available initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, the employer did not make initial medical surveillance available to employees who tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead.     ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 23, 2013

Penalty

Initial $4,400 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F):     Prior to the performance of an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication; training as required under 29 CFR 1926.62(l)(2)(ii)(C) regarding the use of respirators; and training in accordance with 29 CFR 1926.21, safety training and education:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with training as required by (l)(1)(i) of this section regarding hazard communication; training as required under paragraph (l)(2)(ii) of this section regarding the use of respirators; and training in accordance with 29 CFR 1926.21, safety training and education.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 23, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i):     The employer did not communicate information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR 1926.59 including, but not limited to, the requirements concerning warning signs and labels, material safety data sheets (MSDSs) and employee information and training"    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not communicate, to the employees, information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $4,400 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(3):     Shoveling, dry or wet sweeping, and brushing were used when vacuuming or other equally effective methods were effective:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees dry swept paint, which was found to contain 0.03%-0.10% lead, from the floors in the building.  Vacuuming or other effective methods were not tried and found to be ineffective.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $4,400 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E):     Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with biological monitoring in accordance with 1926.62(j)(1)(i), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees tore down walls, disturbed, and then cleaned up paint which contained 0.03%-0.10% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not conduct biological monitoring in accordance with paragraph (j)(1)(i) of this section, consisting of blood sampling and analysis for lead and zinc protoporphyrin levels.    ABATEMENT CETIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 12, 2013

Penalty

Initial $3,300 · Current $0 Reduced

General-duty citation text

29 CFR 1926.452(w)(2):     Scaffold casters and wheels were not locked with positive wheel and/or wheel and swivel locks, or equivalent means, to prevent movement of the scaffold while the scaffold was used in a stationary manner:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, an employee was observed working on a scaffold and the scaffold casters and wheels were not locked.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Abate by

Apr 10, 2013

Penalty

Initial $5,500 · Current $3,000 Reduced

General-duty citation text

29 CFR 1926.501(b)(1):     Each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees were exposed to a fall of approximately 15' to the concrete ground below while throwing drywall and other materials over the edge of the roof to a dumpster below.   Employees were observed at the edge of the roof and were not utilizing any means of fall protection.    ABATEMENT CERTIFICATION REQUIRED

Issued

Mar 29, 2013

Penalty

Initial $4,400 · Current $0 Reduced

General-duty citation text

29 CFR 1926.501(b)(4)(ii):     Each employee on a walking/working surface was not protected from tripping in or stepping into or through holes (including skylights) by covers:    a) 2017 Clinton Street, Buffalo, NY - On or about 12/18/12, employees were exposed to numerous open floor holes throughout the second floor.    NO ABATEMENT CERTIFICATION REQUIRED