OSHA Inspection: PHIL LONG FORD, LLC

Issued

Mar 7, 2013

Abate by

Mar 13, 2013

Penalty

Initial $3,400 · Current $2,210 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 January 31, 2013, and at times prior, employees were exposed to asbestos fibers while working near asbestos abatement operations on the second floor without being separated by a demarcated regulated area.  Bulk samples collected on January 31, 2013, showed that floor tile, coatings and mastic which were being removed contained between 4-15% asbestos.

Issued

Mar 7, 2013

Abate by

Mar 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(k)(3)(i): Before work in areas containing ACM and PACM was begun; the employer did not identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to paragraph (k)(1) of this section.    a)  On or about January 31, 2013, and at times prior, employees were exposed to asbestos fibers because the employer failed to determine the presence, location and quantity of asbestos in floor tile and mastic materials that were being removed by employees and failed to provide this information to the employees working in the building.  Bulk samples collected on January 31, 2013, showed that these materials contained up to 15% asbestos.

Issued

Mar 7, 2013

Abate by

Mar 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(k)(9)(i):  The employer did not institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who perform Class I through Class IV asbestos operations, and did not ensure their participation in the program:    a)  On or about January 31, 2013, and at times prior, employees were not provided with adequate training for Class II and Class IV asbestos operations.  One employee conducted Class II asbestos activities (floor tile and mastic removal) while other employees occasionally conducted Class IV operations (maintenance/custodial work).

Issued

Mar 7, 2013

Abate by

Mar 13, 2013

Penalty

Initial $3,400 · Current $2,210 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:      a)  On or about January 31, 2013, and at times prior, employees were exposed to unknown quantities of airborne asbestos fibers while removing Class II asbestos containing materials because the employer had failed to perform an initial exposure assessment at or before the commencement of abatement activities.

Issued

Mar 7, 2013

Abate by

Mar 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(7)(ii): For all indoor Class II jobs, where the employer has not produced a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer did not use one of the methods contained in paragraph (g)(7)(ii)[A] through (g)(7)(ii)[C] to ensure that airborne asbestos does not migrate from the regulated area:    a)  On or about January 31, 2013, employees were exposed to asbestos during the removal of floor tile materials and mastic because the employer did not ensure the use of Class II work practices and controls such as critical barriers (or equivalent).

Issued

Mar 7, 2013

Abate by

Mar 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(h)(3)(iii): The employer did not provide employees with an air-purifying half mask respirator, other than a filtering facepiece respirator, whenever the employees performed Class II or Class III asbestos work for which no negative exposure assessment was available:    a)  On or about January 31, 2013, and at times prior, employees were exposed to asbestos fibers while removing floor tile and mastic materials without the use of a respirator.  Bulk samples collected on January 31, 2013, showed that floor tile, coatings and mastic which were being removed contained between 4-15% asbestos.

Issued

Mar 7, 2013

Abate by

Mar 13, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):  The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace:    a)  On or about January 31, 2013, and at times prior, employees working with a variety of hazardous chemicals did not have access to information pertaining to the hazards of those chemicals because the employer did not maintain material safety data sheets for all of the chemicals used in the workplace.  In particular, the employer did not have an MSDS for the TEC 90 Remove All Adhesive Remover.