OSHA Inspection: COSTELLO 2536 SAWYER, LLC

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $1,600 · Current $1,120 Reduced

Hazardous substances 9954

General-duty citation text

29 CFR 1910.1001(j)(1)(iii): Employer(s) did not include asbestos in the hazard communication program established to comply with the Hazard Communication Standard (HCS) (� 29 CFR 1910.1200).   a) On or about 27 March 2013, the employer did not include asbestos in the facilitys hazard communication program, which was required for compliance with OSHAs Hazard Communication standard, as specified under 29 CFR 1910.1200.  A written hazard communication program addressing the health hazards of hazardous chemicals present in the workspace was not developed and implemented in the establishment.   The custodian of the residential apartment building was exposed to asbestos during the routine performance of janitorial duties in areas of the apartment building where up to 40% Chrysotile Asbestos was present on piping insulation.

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 00401568173020372140

General-duty citation text

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) The employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling of containers of hazardous chemicals; 2) Material safety data sheet availability; 3) Training of employees; 4) A complete list of hazardous chemicals known to be in the workplace; 5) Methods to inform employees of the hazards on non-routine tasks; and 6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.   The custodian of the residential apartment building  was exposed to hazardous chemicals during the routine performance of janitorial duties in areas of the apartment building, including but not limited to: Fabuloso Multi-Purpose Cleaner (contains Propylene Glycol Propyl Ether; Sodium Dodecyl Benzene Sulfonate), Benjamin Moore Aqua Pearl Finish Premium Interior Paint (contains titanium dioxide, kaolin, 2-phenoxy-Ethanol; Silica; Petroleum Distillates); Klean-Strip Acetone (contains Acetone, Category 2 Flammable Liquid); Klean-Strip Paint-Thinner (contains Stoddart Solvent; 1,2,4-Trimethylbenzene; Petroleum Rafinates - Category 3 Flammable Liquid), Kilz Interior Oil Base Primer/Sealer/Stainblocker (contains Petroleum Distillates; Hydrocarbons; Titanium Dioxide; Talc; Kerosene - Category 3 Flammable Liquid), BIX Paint, Varnish and Stain Stripper (contains Toluene; Methanol; Dichloromethane; Acetone; Oleic Acid; Potassium Hydroxide - Category 2 Flammable Liquid).  The frequency, duration and quantity of use of these consumer products exceed that of a typical consumer use in a home environment.  A written hazard communication program that adequately discussed labeling of containers with hazardous chemicals, MSDS availability, training of employees, how employees would be informed of the hazards of non-routine tasks, and the list of hazardous chemicals used, had not been developed and implemented for this workplace.

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $1,600 · Current $1,120 Reduced

Hazardous substances 9954

General-duty citation text

29 CFR 1910.1001(j)(3)(i): Building and facility owner(s) did not determine the presence, location, and quantity of asbestos containing material (ACM) and/or presumed asbestos containing material (PACM) at the work site. Employer(s) and building and facility owner(s) did not exercise due diligence in complying with these requirements to inform employer(s) and employee(s) about the presence and location of ACM and PACM.  a) The building owner/ employer did not determine the presence, location and quantity of asbestos containing materials in the multi-unit apartment building.  The janitor was not informed of the presence and location of asbestos on the premises of the residential apartment building.  The custodian was exposed to asbestos during the routine performance of janitorial duties: up to 40% Chrysotile asbestos was present on piping insulation in the boiler room and up to 30% Chrysotile asbestos was present on exposed pipes in the stairway(s).

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $1,600 · Current $1,120 Reduced

Hazardous substances 9954

General-duty citation text

29 CFR 1910.1001(j)(3)(iii): Building and facility owner(s) did not inform employer(s) of employee(s); and employer(s) did not inform employee(s) who performed housekeeping activities in area(s) which contained ACM and/or PACM of the presence and location of ACM and/or PACM in such area(s) which might have been contacted during such activities.  a) The building owner/ employer did not inform the housekeeping staff of the presence, location and quantity of asbestos containing materials in the multi-unit apartment building.  The custodian of the residential apartment building was exposed to asbestos during the routine performance of janitorial duties (including cleaning and mopping of floors; plumbing repairs) in areas of the apartment building where Asbestos was present on piping insulation (up to 40% Chrysotile Asbestos in the boiler room and up to 30% Chrysotile Asbestos on the 4th floor stairway).

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 9954

General-duty citation text

29 CFR 1910.1001(j)(7)(iv): The employer did not provide to all employees who perform housekeeping work in areas where ACM and/or PACM is present, an asbestos awareness training course covering the health effects of asbestos; and/or locations of ACM and/or recognition of ACM and PACM damage and deterioration and/or requirements in this standard related to housekeeping, and/or proper response to fiber release episodes:  a) The building owner/ employer did not provide the housekeeping staff asbestos awareness training covering the health effects of asbestos; information of the location of asbestos containing materials (ACM) in the facility; instructions on how to recognize of ACM thermal insulation and signs of its deterioration; and guidance on the proper housekeeping techniques during fiber release instances.  The custodian of the residential apartment building was exposed to asbestos during the routine performance of janitorial duties (including cleaning and mopping of floors; plumbing repairs) in areas of the apartment building where Asbestos was present on piping insulation (up to 40% Chrysotile Asbestos in the boiler room and up to 30% Chrysotile Asbestos on the 4th floor stairway).

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $1,600 · Current $1,120 Reduced

Hazardous substances 9954

General-duty citation text

29 CFR 1910.1001(j)(5)(i): The building owner(s) or employer(s) did not affix or post labels or signs on identified ACM and/or PACM that had been previously installed, so that employee(s) would be notified of what materials contained ACM and/or PACM.  Labels were not affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers.  The employer(s) did not attach such labels in area(s) where they would be clearly noticed by employee(s) who were likely to be exposed, such as at the entrance to mechanical room/areas.    Note: signs required by paragraph (j) of this section may be posted in lieu of labels so long as they contain the information required for labeling.   a) The building owner/ employer did not attach warning labels and signs at the entrance of and/or in areas of the apartment building where Asbestos was present on piping insulation (up to 40% Chrysotile Asbestos in the boiler room and up to 30% Chrysotile asbestos on the 4th floor stairway).  The custodian of the residential apartment building was exposed to asbestos during the routine performance of janitorial duties (including cleaning and mopping of floors; plumbing repairs) in areas of the building containing asbestos.

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $1,200 · Current $840 Reduced

Hazardous substances 00401568173020372140

General-duty citation text

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) The employer did not provide employee(s) effective training and information for the hazardous chemicals used in the workplace.  The custodian of the residential apartment building  was exposed to hazardous chemicals during the routine performance of janitorial duties in areas of the apartment building, including but not limited to: Fabuloso Multi-Purpose Cleaner (contains Propylene Glycol Propyl Ether; Sodium Dodecyl Benzene Sulfonate), Benjamin Moore Aqua Pearl Finish Premium Interior Paint (contains titanium dioxide, kaolin, 2-phenoxy-Ethanol; Silica; Petroleum Distillates); Klean-Strip Acetone (contains Acetone, Category 2 Flammable Liquid); Klean-Strip Paint-Thinner (contains Stoddart Solvent; 1,2,4-Trimethylbenzene; Petroleum Rafinates - Category 3 Flammable Liquid), Kilz Interior Oil Base Primer/Sealer/Stainblocker (contains Petroleum Distillates; Hydrocarbons; Titanium Dioxide; Talc; Kerosene - Category 3 Flammable Liquid), BIX Paint, Varnish and Stain Stripper (contains Toluene; Methanol; Dichloromethane; Acetone; Oleic Acid; Potassium Hydroxide - Category 2 Flammable Liquid).  The frequency, duration and quantity of use of these consumer products exceed that of a typical consumer use in a home environment.

Issued

Jun 24, 2013

Abate by

Jul 26, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 00401568173020372140

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical in use:  a) The employer did not have a Material Safety Data Sheet (MSDS) for each of the hazardous chemicals used in the workplace.  The custodian of the residential apartment building  was exposed to hazardous chemicals during the routine performance of janitorial duties in areas of the apartment building, including but not limited to: Fabuloso Multi-Purpose Cleaner (contains Propylene Glycol Propyl Ether; Sodium Dodecyl Benzene Sulfonate), Benjamin Moore Aqua Pearl Finish Premium Interior Paint (contains titanium dioxide, kaolin, 2-phenoxy-Ethanol; Silica; Petroleum Distillates); Klean-Strip Acetone (contains Acetone, Category 2 Flammable Liquid); Klean-Strip Paint-Thinner (contains Stoddart Solvent; 1,2,4-Trimethylbenzene; Petroleum Rafinates  Category 3 Flammable Liquid), Kilz Interior Oil Base Primer/Sealer/Stainblocker (contains Petroleum Distillates; Hydrocarbons; Titanium Dioxide; Talc; Kerosene - Category 3 Flammable Liquid), BIX Paint, Varnish and Stain Stripper (contains Toluene; Methanol; Dichloromethane; Acetone; Oleic Acid; Potassium Hydroxide - Category 2 Flammable Liquid).  The frequency, duration and quantity of use of these consumer products exceed that of a typical consumer use in a home environment