OSHA Inspection: DINGLE BAY CONSTRUCTION, INC.

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.59 NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.   29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer did not develop, implement or maintain at the workplace a written hazard communication program addressing chemicals present in the workplace when employees were exposed to hazardous chemicals, including asbestos and crystalline quartz silica, known human carcinogens, during clean-up operations on the gutted building rehab project.   The hazard communication program must address at a minimum:      1) Labeling requirements regarding in-house as well as shipped containers/packages of hazardous chemicals;  2) Maintenance, availability and accessibility of Material safety Data Sheets (MSDSs);  3) Employee training;  4) A complete, accurate & up to date list of the hazardous chemicals known to be in the workplace;  5) Methods to inform employees of the hazards of non-routine tasks, and  6) Methods to inform other employers/contractors of material safety data sheets, labeling system and any other precautionary measures to protect employees.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59 NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.  29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) Dingle Bay Construction,Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL-The employer did not provide employees information and training as required by the standard when employees were exposed to asbestos and crystalline quartz silica, known human carcinogens, during cleanup operations at the gutted building rehab project.    Employee information and training must include at least how the following elements specified in 29 CFR 1910.1200 will be met:    1. The requirements of the Hazard Communication Standard;    2.  Any operations in their work area where hazardous chemicals are present;    3. The location and availability of the employer's written hazard communication program , including the list(s) of hazardous chemicals, and the safety data sheets required by this section;    4. Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area  (such as monitoring, conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when released, etc.);    5. The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area;    6. The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used, and    7. The details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employees can obtain and use the appropriate hazard information.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(1)(ii): The employer did not include asbestos in the program established to comply with the Hazard Communication Standard 29 CFR 1910.1200 and did not ensure hazard communication training on asbestos in accordance with the provisions of the Hazard Communication Standard 29 CFR 1910.1200 as well as paragraphs (k)(9) and (10) of this section. The employer employer did not provide information on at least the following hazards: Cancer and lung effects.  a) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer did not have a hazard communication program that included asbestos and did not provide training on the hazards related to asbestos, including lung effects and cancer, in accordance with the hazard communication standard as well as paragraphs (k)(9) and (10) of this section.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(2): Asbestos hazards at a multi-employer work site were not abated by the contractor who created or controlled the source of asbestos contamination:  a) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- Asbestos hazards at the multi-employer work site were not abated by Dingle Bay Construction, Inc., who was performing clean-up operations of debris containing asbestos-containing material (ACM) and/or presumed asbestos-containing material (PACM).  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(3): The employer of employees who were exposed to asbestos hazards did not comply with applicable protective provisions to protect such employees:  a) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer performing clean up operations of debris in areas containing asbestos-containing material (ACM) and/or presumed asbestos-containing material (PACM) did not comply with applicable protective provisions to protect their employees.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET.

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

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) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer did not perform any asbestos exposure monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $800 Reduced

Hazardous substances 9020

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) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer performing clean-up operations of debris in areas containing asbestos-containing material (ACM) and/or presumed asbestos-containing material (PACM) did not ensure that a competent person conducted an exposure assessment to ascertain the expected employee exposures.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

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) Dingle Bay Construction, Inc., Palos Heights,IL, at job site 5051 N. Kenmore, Chicago, IL-The employer did not designate a competent person at the gutted building rehab project having the qualifications and authorities for ensuring worker safety and healthwhile employees were performing clean-up operations of debris in areas containing asbestos-containing material (ACM) and/or presumed asbestos-containing material (PACM).    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(i): Before the employer permitted its own employees to perform work subject to this standard in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):  a) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer directed employees to perform clean-up operations in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), and the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $800 Reduced

Hazardous substances 9020

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) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- 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 while performing clean-up of debris and dust containing asbestos containing material (ACM) and presumed asbestos containing material (PACM).  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(10)(ii): Employers of employees who clean up waste and debris in, and employers in control of, areas where friable thermal system insulation or surfacing material was accessible, did not assume that such waste and debris contain asbestos:  a) Dingle Bay Construction, Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer, directing employees to perform clean-up operations in area(s) where friable Thermal System Insulation (TSI) or surfacing material was accessible, did not assume that such waste and debris contain asbestos.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(4)(i): Waste and debris and accompanying dust in an area containing accessible thermal system, surfacing asbestos containing material (ACM) or presumed asbestos containing material (PACM), or visibly deteriorated ACM was dusted or swept dry, or vacuumed without using a HEPA filter:  a) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer permitted dry sweeping, shoveling and scraping while transferring and disposing of debris, by hand and via wheelbarrow, to open dumpsters during clean-up operations where ACM and PACM existed on accessible thermal system insulation on pipes and mastic on floor tiles, both of which were damaged and visibly deteriorated.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(iii): The employer did not use work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of prompt clean-up and disposal of wastes and debris contaminated with asbestos, in leak-tight containers:   a) Dingle Bay Construction, Inc., Palos Heights, IL at job site 5051 N. Kenmore, Chicago, IL- The employer did not ensure the use of work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of prompt clean-up and disposal of wastes and debris contaminated with asbestos, in leak-tight containers while their employees performed clean-up operations at the work site.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(4)(ii): Waste and debris and accompanying dust in an area containing accessible thermal system, surfacing ACM/PACM, or visibly deteriorated ACM was not promptly cleaned up and disposed of in leak tight containers:  a) Dingle Bay Construction, Inc., Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- Waste and debris and accompanying dust in areas containing accessible thermal system ACM/PACM or visibly deteriorated ACM was not promptly cleaned up and was disposed of in roll off dumpsters with an open top and end.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $800 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(10): Class IV asbestos jobs were not conducted by employees trained pursuant to the asbestos awareness training program set out in 29 CFR 1926.1101(k)(9):  a) Dingle Bay Construction, Inc., Palos Heights, IL at job site 5051 N. Kenmore, Chicago, IL- The employer did provide employees working at the gutted building rehab project the appropriate asbestos awareness training for Class IV asbestos operations in accordance with requirements set out in 29 CFR 1926.1101(k)(9).   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 14, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(i): The employer did not institute a training program at no cost to employees that is a minimum of 2 hours in length, and that ensures participation 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) Dingle Bay Construction, Palos Heights, IL, at job site 5051 N. Kenmore, Chicago, IL- The employer did not institute a training program in accordance with the requirements for the employees performing clean-up operations of debris containing asbestos containing material (ACM) and/or presumed asbestos containing material (PACM).   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).