OSHA Inspection: METHOD CONSTRUCTION, LLC

Issued

May 10, 2013

Abate by

Jun 27, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

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(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) Method Construction, LLC- 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 respirable crystalline quartz silica, known human carcinogens, during the gutted building rehab at 5051 N. Kenmore, Chicago, IL.   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 10, 2013

Abate by

Jun 27, 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) Method Construction,LLC, at job site 5051 N. Kenmore, Chicago, IL, did not provide employees adequate information and training as required by the standard when employees were exposed to hazardous chemicals and substances, including asbestos and crystalline quartz silica, known human carcinogens, during cleanup operations at the gutted building rehab site.     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 10, 2013

Abate by

Jun 27, 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 (HCS) (§ 1910.1200, did not ensure that each employee had access to labels on containers of asbestos and safety data sheets, 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) Method Construction, LLC 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 10, 2013

Abate by

Jun 27, 2013

Penalty

Initial $2,000 · Current $1,400 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) Method Construction, LLC, acting as general contractor with authority over the clean-up of the gutted building during the rehab project at the 5051 N. Kenmore, Chicago, IL job site, and charged with assigning and supervising work done at the site, did not control the sources of asbestos contamination.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 10, 2013

Abate by

Jun 27, 2013

Penalty

Initial $2,000 · Current $1,400 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) Method Construction, LLC, as general contractor with their own employees frequenting the gutted building rehab project jobsite at 5051 N. Kenmore, Chicago, IL, as part of their job duties, the employer did not comply with applicable protective provisions to protect their employees such as removing employees until the exposure hazard/hazardous condition was corrected, performing initial exposure determination at the initiation of work, or exposure assessments during the work, or using adequate engineering controls, enclosures, containment(s), work practices or protective equipment.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 10, 2013

Abate by

Jun 27, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(5): As supervisor of the entire project, the general contractor did not ascertain whether the asbestos contractor was in compliance with the asbestos standard, and did not require such contractor to come into compliance with this standard:   a) Method Construction, LLC, acting as the general contractor of the gutted building rehab project at 5051 N. Kenmore, Chicago, IL, did not ascertain whether the contractor, Dingle Bay Construction, Inc., performing clean-up and disposal activities classified as Class IV asbestos-related work, were in compliance with the asbestos construction standard, and did not require such contractor(s) to come into compliance with this standard.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 10, 2013

Abate by

Jun 27, 2013

Penalty

Initial $0 · Current $0

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) Method Construction, LLC, acting as the general contractor of the gutted building rehab project at 5051 N. Kenmore, Chicago, IL, did not ensure that a competent person as defined by 1926.32(f) and 1926.1101, to be properly trained and authorized to identify existing asbestos hazards in the workplace, select the appropriate control strategy for asbestos exposure, and take prompt corrective measures to eliminate them, conducted an exposure assessment immediately before or at the initiation of the operation to ascertain asbestos exposures in the work place during those operations.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 10, 2013

Abate by

Jun 27, 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) Method Construction, LLC, at gutted building rehab project job site 5051 N. Kenmore, Chicago, IL- 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):  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 10, 2013

Abate by

Jun 27, 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) Method Construction, LLC, acting as the general contractor of the gutted building rehab project job site at 5051 N. Kenmore, Chicago, IL, did not designate a competent person having the qualifications and authorities for ensuring worker safety and health as required by 29 CFR 1926.1101(c), and the General Safety and Health Provisions for Construction 29 CFR 1926.20 through 29 CFR 1926.32.     In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

May 10, 2013

Abate by

Jun 27, 2013

Penalty

Initial $2,000 · Current $1,400 Reduced

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) Method Construction,LLC, at the gutted building rehab project job site at 5051 N. Kenmore, Chicago, IL, did not perform any 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).