OSHA Inspection: DAKOTA SOUTHERN RAILROAD COMPANY

Issued

Jul 22, 2013

Penalty

Initial $2,800 · Current $2,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by 29 CFR 1926.62 did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30 micrograms/m3) calculated as an 8-hour time-weighted average (TWA):  a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation.  NOTE: Abatement documentation and certification are NOT required for this item.

Issued

Jul 22, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1592

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) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation.  NOTE: Abatement documentation and certification are NOT required.

Issued

Jul 22, 2013

Penalty

Initial $2,800 · Current $2,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A): 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 appropriate respiratory protection in accordance with 29 CFR 1926.62(f):  a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead without the use of any respiratory protection.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation without the use of any respiratory protection.  NOTE: Abatement certification and documentation are NOT required.

Issued

Jul 22, 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) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead without the use of any respiratory protection.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation without the use of any respiratory protection.  NOTE: Abatement certification and documentation are NOT required.

Issued

Jul 22, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(2)(i): The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to use a respirator:    a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead without the use of any respiratory protection.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation without the use of any respiratory protection.  NOTE: Abatement certification and documentation are NOT required.

Issued

Jul 22, 2013

Penalty

Initial $2,800 · Current $2,000 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) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron "I" beams containing lead in a salvage operation wearing only their street clothes.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation wearing only their street clothes.  NOTE: Abatement certification and documentation are NOT required for this item.

Issued

Jul 22, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C): 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 change areas in accordance with 29 CFR 1926.62(i)(2):  a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron "I" beams containing lead in a bridge salvage operation while wearing only their street clothes that they also wore home after the end of their shift.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation wearing only their street clothes that they also wore home after the end of their shift.  NOTE: Abatement certification and documentation are NOT required for this item.

Issued

Jul 22, 2013

Abate by

Aug 15, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(D): 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 hand washing facilities in accordance with 29 CFR 1926.62(i)(5):  a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron "I" beams containing lead during a bridge salvage operation without any suitable handwashing facilities.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a bridge salvage operation without any suitable handwashing facilities.  NOTE: Abatement certification AND documentation are required for this item.

Issued

Jul 22, 2013

Abate by

Aug 15, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(5)(i): The employer did not provide adequate handwashing facilities in accordance with 29 CFR 1926.51(f), for use by employees exposed to lead:   a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron "I" beams containing lead without suitable handwashing facilities.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation without suitable handwashing facilities.  NOTE: Abatement certification AND documentation are required for this item.

Issued

Jul 22, 2013

Penalty

Initial $2,000 · Current $1,500 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) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron "I" beams containing lead in a salvage operation.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation.  NOTE: Abatement certification and documentation are NOT required for this item.

Issued

Jul 22, 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) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead in a salvage operation.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation.  NOTE: Abatement certification and documentation are NOT required.

Issued

Jul 22, 2013

Abate by

Aug 15, 2013

Penalty

Initial $2,800 · Current $2,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F): 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 training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication:  a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead in a salvage operation.  Workers had not received any training on the hazards and controls related to lead exposures.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation. Workers had not received any training on the hazards and controls related to lead exposures.  NOTE: Abatement certification AND documentation are required.

Issued

Jul 22, 2013

Abate by

Aug 15, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(ii): The employer did not train each employee who was subject to exposure to lead at or above the action level on any day.  a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron I beams containing lead in a salvage operation. Workers had not received any training on the hazards and controls related to lead exposures.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation. Workers had not received any training on the hazards and controls related to lead exposures.  Note: Abatement certification AND documentation are required for this item.

Issued

Jul 22, 2013

Abate by

Aug 15, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(iii): The employer did not provide the training program required under 29 CFR 1926.62(l)(2) as initial training prior to the time of job assignment:   a) Idaho Transportation Department Yard, Grangeville, ID: On or about the week of January 21, 2013, employees were torch cutting painted iron "I" beams containing lead in a salvage operation. Workers had not received any training on the hazards and controls related to lead exposures.  b) Railroad laydown yard, Kamiah, ID: On or about January 28, 2013, and at times prior thereto, employees were torch cutting painted iron "I" beams containing lead in a salvage operation. Workers had not received any training on the hazards and controls related to lead exposures.  NOTE: Abatement certification AND documentation are required for this item.