OSHA Inspection: NIEMAN PLUMBING, INC.

Issued

May 6, 2013

Abate by

May 23, 2013

Penalty

Initial $4,900 · Current $1,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1): 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 (30ug/m3) calculated as an 8-hour time-weighted average (TWA):     (a)  On or about March 21, 2013 the employer did not perform an initial determination of lead exposure for plumbers who were assigned to work at unclogging drains and cutting pipe in a building that contained lead paint and lead pipes.          In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

May 6, 2013

Abate by

May 23, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(i): Until the employer performed an employee exposure assessment, as required in 29 CFR 1926.62(d), and documented that the employee(s) performing any of the listed tasks was not exposed above the Permissible Exposure Limit (PEL), the employer did not treat affected employee(s) as if they were exposed above the PEL, and not in excess of ten times the PEL, and did not implement employee protective measures prescribed in 29 CFR 1926.62(d)(2)(v):     (a)  On or about March 21, 2013 the employer did not provide appropriate personal protective equipment for plumbers who were assigned to work at unclogging drains and cutting pipe in a building that contained lead paint and lead pipes, until an initial determination of lead exposure was performed.          In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

May 6, 2013

Abate by

May 23, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v):  Prior to the performance of an employee exposure assessment as required by (d) of this section, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i)-(iv) of this section interim protection, including appropriate respiratory protection in accordance with paragraph (f) of this section:     (a)  On or about March 21, 2013 the employer did not provide appropriate personal protective equipment, including respiratory protection, for plumbers who were assigned to work at unclogging drains and cutting pipe in a building that contained lead paint and lead pipes, until an initial determination of lead exposure was performed.          In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

May 6, 2013

Abate by

May 23, 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)  On or about March 21, 2013 the employer did not provide handwashing facilities for plumbers who were assigned to work at unclogging drains and cutting pipe in a building that contained lead paint and lead pipes.          In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

May 6, 2013

Abate by

May 31, 2013

Penalty

Initial $4,900 · Current $1,000 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)  On or about March 21, 2013 the employer did not provide an exposure assessment for plumbers who were assigned to work at unclogging drains and cutting pipe in a building where the pipes were covered in 40% asbestos insulatiuon.          In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

May 6, 2013

Abate by

May 31, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:     (a)  On or about March 21, 2013 the employer did not provide and require protective clothing until an exposure assessment was completed, for plumbers who were assigned to work at unclogging drains and cutting pipe in a building where the pipes were covered in 40% asbestos insulatiuon.       In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

May 6, 2013

Abate by

May 31, 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)  On or about March 21, 2013 the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material , for plumbers who were assigned to work at unclogging drains and cutting pipe in a building where the pipes were covered in 40% asbestos insulatiuon.       In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.