OSHA Inspection: MK PAINTING INC

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1910.134(d)(3)(i)(B)(1): The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration:      (a)The employer does not select respirators that maintain employees exposure to lead, when measured outside the respirator, at or below the maximum use concentration. This violation occurred on April 5, 2013 at a jobsite located at 600 25th St. Paris, TX 75460 ; where an employee who was exposed to lead at an airborne concentration of 1,035 micrograms per cubic meter of air, as an eight- hour time weighted average, was provided with a half mask respirator that had a maximum use concentration of 500 micrograms per cubic meter of air.      (b) The employer does not select respirators that maintain employees exposure to lead, when measured outside the respirator, at or below the maximum use concentration. This violation occurred on April 5, 2013 at a jobsite located at 600 25th St. Paris, TX 75460 ; where an employee who was exposed to lead at an airborne concentration of 760 micrograms per cubic meter of air, as an eight- hour time weighted average, was provided with a half mask respirator that had a maximum use concentration of 500 micrograms per cubic meter of air.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $3,500 · Current $1,575 Reduced

General-duty citation text

29 CFR 1910.134(e)(1): The employer does not provide a medical evaluation to determine the employees ability to use a respirator before the employee is fit tested or required to use the respirator in the workplace: (Construction Reference: 1926.103)    The employer does not provide a medical evaluation to determine the employees ability to use a respirator. This violation occurred on April 5, 2013 at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide medical evaluation to a sandblaster helper and cleanup employee before he wore his respirator at the worksite.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $3,500 · Current $1,575 Reduced

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter: (Construction Reference: 1926.103)     The employer does not ensure that each employee using a tight-fitting facepiece respirator is fit tested prior to the initial use of the respirator and whenever a different facepiece is used.  This violation occurred on April 5, 2013 at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide medical evaluation to a sandblaster helper and cleanup employee before he wore his respirator at the worksite.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:  (Construction Reference 1926.103)     The employer does not ensure that abrasive sandblasting respirators were cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer. This violation occurred on April 5, 2013 at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not ensure that the employees wearing abrasive sandblasting respirators cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1910.1018(e)(2): Initial monitoring was not performed for each workplace, or work operation covered by 29 CFR 1910.1018 to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed: (Construction Reference: 1926.1118)    The employer does not conduct initial monitoring for each employee to determine if they are exposed to inorganic arsenic. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not conduct initial air monitoring for employees performing abrasive sand blasting.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1910.1018(n)(1)(i)(A): A medical surveillance program was not instituted for all employees who were or will be exposed to inorganic arsenic in excess of the action level, without regard to the use of respirators, at least 30 days per year: (Construction Reference: 1926.1118)     The employer does not make available medical surveillance program for employees occupationally exposed to inorganic arsenic at or above the action level.  This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide medical surveillance program for employees occupationally exposed to inorganic arsenic at or above the action level.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1910.1018(o)(1)(i): A training program was not instituted for each employee who is subject to inorganic arsenic exposure above the action level, without regard to respirator use, or for whom there is a possibility of skin or eye irritation from inorganic arsenic: (Construction Reference: 1926.1118)     The employer does not provide an inorganic arsenic training program to employee(s) performing sandblasting operations and cleanup activities where dry expendable abrasives are used. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide an inorganic arsenic training program to employee(s) performing sandblasting operations and cleanup activities where dry expendable abrasives are used within the containment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A): The employer does not provide appropriate respiratory protection in accordance with paragraph (f) of this section for employees performing tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv):     The employer does not provide appropriate respirators to employee(s) performing cleanup activities where dry expendable abrasives are used. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide appropriate respirators to employee(s) performing cleanup activities where dry expendable abrasives are used, including but not limited to vacuuming dry expendable abrasive dust from within the containment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $0 · Current $0

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):     The employer does not provide sandblaster helper and cleanup employees exposed to lead above the PEL with an appropriate respirator.  This violation was most recently occurred on April 5, 2013 at a jobsite located at 600 25th St. Paris, TX 75460 ; where sandblaster helper and cleanup employees were not provided an appropriate respirator while being exposed to lead dust from abrasive blasting operations.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B): The employer does not provide appropriate personal protective equipment in accordance with paragraph (g) of this section for employees performing tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv):      The employer does not provide protective clothing to employee(s) performing cleanup activities where dry expendable abrasives are used. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide protective work clothing to employee(s) performing cleanup activities where dry expendable abrasives are used, including but not limited to vacuuming dry expendable abrasive dust from within the containment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(g)(1): Where employees were exposed to lead above the permissible exposure limit, without regard to the use of respirators; where employees were exposed to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide); and as interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), the employer did not provide at no cost to the employee and ensure that each employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments:     Abrasive sand blasters and sandblaster helper and cleanup employees are exposed to lead compounds that may cause skin and eye irritation and the employer did not provide appropriate protective work clothing as interim protection for employees performing tasks in 29 CFR 1926.62(d). This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not ensure that employees exposed to lead compounds that cause skin or eye irritation are being provided appropriate work protective clothing and equipment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(g)(2)(i): The employer does not provide the protective work clothing required in 29 CFR 1926.62(g)(1) in a clean and dry condition at least daily for employees whose exposure levels, without regard to respirator use, are over 200 micrograms per cubic meter of lead as an 8-hour time weighted average (TWA):     Abrasive sand blasters and sandblaster helper and cleanup employees are exposed to lead above 200 micrograms per cubic meter and the employer does not provide protective work clothing daily. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not ensure that employees exposed to lead above 200 micrograms per cubic meter are being provided clean protective clothing on a daily basis.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E): The employer does not provide biological monitoring in accordance with paragraph (j)(1)(i) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels for employees performing tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv):     The employer does not provide biological monitoring to employee(s) performing cleanup activities where dry expendable abrasives are used. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide biological monitoring to employee(s) performing cleanup activities where dry expendable abrasives are used, including but not limited to vacuuming dry expendable abrasive dust from within the containment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(j)(1)(i): The employer does 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)  The employer does not make available initial medical surveillance, consisting of biological sampling and analysis for zinc protoporphyrin levels, to employees occupationally exposed to lead at or above the action level.  This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide initial medical surveillance, consisting of biological sampling and analysis for zinc protoporphyrin levels, to employees occupationally exposed to lead at or above the action level.     (b)  The employer does not make available initial medical surveillance, consisting of biological sampling and analysis for lead and zinc protoporphyrin levels, to an employee performing cleanup activities where dry expendable abrasives are used, including but not limited to vacuuming dry expendable abrasive dust from within the containment occupationally exposed to lead at or above the action level.  This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide initial medical surveillance, consisting of biological sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed to lead at or above the action level.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $4,900 · Current $2,205 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F): The employer does not provide training  as required under paragraph (l)(1)(i) of this section regarding 29 CFR 1926.59, Hazard Communication; training as required under paragraph (l)(2)(iii) of this section, regarding use of respirators; and training in accordance with 29 CFR 1926.21, Safety training and education, for employees performing tasks described paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv):     The employer does not provide lead training to employee(s) performing cleanup activities where dry expendable abrasives are used. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide lead training to employee(s) performing cleanup activities where dry expendable abrasives are used, including but not limited to vacuuming dry expendable abrasive dust from within the containment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $3,500 · Current $1,575 Reduced

General-duty citation text

29 CFR 1926.62(h)(4): Where vacuuming methods are selected, the vacuums are not equipped with HEPA filters and/ or are not used and emptied in a manner which minimizes  the reentry of lead into the workplace:     The employer does not provide HEPA filters for the vacuum system employees were required to use when performing decontamination and housekeeping activities. This violation occured on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not provide HEPA filters for the vacuum system employees were required to use when performing decontamination and housekeeping activities.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $3,500 · Current $1,575 Reduced

General-duty citation text

29 CFR 1926.62(m)(2)(i): The employer did not post the following warning signs in each work area where an employee exposure to lead was above the permissible exposure limit: "WARNING LEAD WORK AREA-POSION NO SMOKING OR EATING":     The employer does not post warning signs near the entrance to the blasting area where employees are exposed to lead above the PEL. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not post warning signs near the entrance to the blasting area where employees are exposed to lead above the PEL.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $2,800 · Current $1,260 Reduced

General-duty citation text

29 CFR 1926.102(a)(1): Eye and face protective equipment were not used when machines or operations presented potential eye or face injury:       The employer does not ensure that employees performing spray painting activities are provided with eye and face protection from the overspray of the organic vapor based paints. This violation occurred on March 29, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not ensure that employees were provided with eye and face protection when preforming spray painting activities.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $49,000 · Current $22,050 Reduced

General-duty citation text

29 CFR 1926.62(c)(1): The employer did not ensure that no employees were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m3) averaged over an 8-hour period:     The employer did not ensure that employees' exposures to lead did not exceed 50 micrograms per cubic meter of air, as an eight-hour time-weighted average.  This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 where:    a) A sandblaster employee was exposed to lead at  an eight-hour time weighted-average of 2,963 micrograms per cubic meter of air, approximately 59.2 times the permissible exposure limit of 50 micrograms per cubic meter.  Sampling was performed for 254 minutes during one shift.  Zero exposure was assumed for the unsampled period of 226 minutes; and       b) A sandblaster employee was exposed to lead at an eight-hour time weighted-average of 2,815 micrograms per cubic meter of air, approximately 56.3 times the permissible exposure limit of 50 micrograms per cubic meter. Sampling was performed for 255 minutes during one shift. Zero exposure was assumed for the unsampled period of 225 minutes; and    c) A sandblaster helper and cleanup employee was exposed to lead at an eight-hour time weighted-average of 1,035 micrograms per cubic meter of air, approximately 20.7 times the permissible exposure limit of 50 micrograms per cubic meter. Sampling was performed for 264 minutes during one shift. Zero exposure was assumed for the unsampled period of 216 minutes; and     d) A sandblaster helper and cleanup employee was exposed to lead at an eight-hour time weighted-average of 760 micrograms per cubic meter of air, approximately 15.2 times the permissible exposure limit of 50 micrograms per cubic meter. Sampling was performed for 228 minutes during one shift. Zero exposure was assumed for the unsampled period of 252 minutes.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(e)(1): The employer did not implement all feasible engineering and work practice controls, including administrative controls, to reduce and maintain employee exposure to lead to or below the permissible exposure limit:     The employer did not institute feasible engineering controls and work practice controls to reduce and maintain employee exposures to lead at or below the permissible exposure limit. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not institute feasible engineering controls and work practice controls and work practices to reduce and maintain employee exposure to lead during abrasive blasting operations at or below the permissible exposure limit.      a) A sandblaster employee was exposed to lead at an eight-hour time weighted-average of 2,963 micrograms per cubic meter of air, approximately 59.2 times the permissible exposure limit of 50 micrograms per cubic meter.  Sampling was performed for 254 minutes during one shift.  Zero exposure was assumed for the unsampled period of 226 minutes; and         b) A sandblaster employee was exposed to lead at an eight-hour time weighted-average of 2,815 micrograms per cubic meter of air, approximately 56.3 times the permissible exposure limit of 50 micrograms per cubic meter. Sampling was performed for 255 minutes during one shift. Zero exposure was assumed for the unsampled period of 225 minutes; and     c) A sandblaster helper and cleanup employee was exposed to lead at an eight-hour time weighted-average of 1,035 micrograms per cubic meter of air, approximately 20.7 times the permissible exposure limit of 50 micrograms per cubic meter. Sampling was performed for 264 minutes during one shift. Zero exposure was assumed for the unsampled period of 216 minutes; and     d) A sandblaster helper and cleanup employee was exposed to lead at an eight-hour time weighted-average of 760 micrograms per cubic meter of air, approximately 15.2 times the permissible exposure limit of 50 micrograms per cubic meter. Sampling was performed for 228 minutes during one shift. Zero exposure was assumed for the unsampled period of 252 minutes.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $49,000 · Current $22,050 Reduced

General-duty citation text

29 CFR 1926.62(d)(1)(i): The employer does not initially determine if any employee is exposed to lead at or above the action level:     (a)The employer does not conduct initial monitoring for each employee to determine if they are exposed to lead at or above the action level for lead. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not conduct initial air monitoring for employees performing abrasive sand blasting.     (b) The employer does not conduct initial monitoring for each employee to determine if they are exposed to lead at or above the action level for lead. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not conduct initial air monitoring for employees performing cleanup of dry expendable abrasives, including but not limited to vacuuming dry expendable abrasive dust from within the containment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $0 · Current $0

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:     The employer does not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area to determine if they are exposed to lead. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where 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 for employees.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $1,400 · Current $630 Reduced

General-duty citation text

29 CFR 1910.1018(k)(4): A written housekeeping and maintenance plan for inorganic arsenic which lists the appropriate frequencies for carrying out housekeeping operations and for cleaning and maintaining dust collection equipment was not kept and available for inspection by the Assistant Secretary: (Construction Reference: 1926.1118)    The employer does not have a written housekeeping and maintenance plan for employees performing housekeeping operations who are exposed to inorganic arsenic which lists appropriate frequencies for carrying out housekeeping operations and for cleaning and maintaining dust collection equipment. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not have a written housekeeping and maintenance plan employees performing cleanup of dry expendable abrasives, including but not limited to vacuuming dry expendable abrasive dust from within the containment.

Issued

Sep 19, 2013

Abate by

Oct 16, 2013

Penalty

Initial $700 · Current $315 Reduced

General-duty citation text

29 CFR 1910.1018(k)(5): A record was not kept of the last check of effectiveness and cleaning or maintenance of the dust collection and/or ventilation equipment: (Construction Reference: 1926.1118)   The employer does not keep records of the last check of effectiveness and cleaning or maintenance of the dust collection system. This violation occurred on April 5, 2013, at a jobsite located at 600 25th St. Paris, TX 75460 ; where the employer did not  keep a record of the effectiveness and cleaning or maintenance of the dust collection system when inorganic arsenic in present.