OSHA Inspection: PAINTERS UNITED

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(c)(1): Employee(s) were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air averaged over an eight-hour period:  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8-hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

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.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.    The employer failed to implement feasible engineering controls (HEPA-vac sanders, air filtration devices) to reduce employee exposure to airborne lead.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(f)(1)(i): The employer did not implement engineering work practice controls to reduce and maintain employee exposure to cadmium at or below the PEL.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employer failed to implement feasible engineering controls (HEPA-vac sanders, air filtration devices) to reduce employee exposure to airborne cadmium.  Employees were exposed to the hazards of systemic poisoning from airborne cadmium.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

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 ug/m3) calculated as an 8-hour time-weighted average (TWA):  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure above the lead action level in excess of 0.030 milligrams per cubic meter (30 micrograms per cubic meter) and the permissible exposure limit of 0.050 milligrams per cubic meter (50 micrograms per cubic meter) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures weredetermined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.    The employer had not conducted an initial determination for the potential exposure to airborne lead.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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:  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.    The employer did not collect personal samples representative of a full shift for each job classification to determine employees' exposure to airborne lead.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(d)(1)(iii): Determinations of employee exposure was not made from the breathing-zone air samples that reflect the monitored employee's regular, daily 8-hour TWA exposure to cadmium.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to an airborne cadmium level of 14 ug/m3, which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employer had not conducted a determination for the potential exposure to airborne cadmium.  Employees were exposed to the hazards of systemic poisoning from airborne cadmium.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(d)(1)(iv): The employer did not ensure that the competent person determined eight-hour time weighted average (TWA) for each employee on the basis of one or more personal breathing zone air samples reflecting full shift exposure on each shift, for each job classification, in each work area.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employer did not collect personal samples representative of a full shift for each job classification to determine employees' exposure to airborne cadmium.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(d)(2)(i): The employer failed to conduct exposure monitoring as soon as practicable that was representative of the exposure for each employee in the workplace who was or potentially was exposed to cadmium at or above the action level:  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employer had not conducted an initial determination for the potential exposure to airborne cadmium.  Employees were exposed to the hazards of systemic poisoning from airborne cadmium.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(e)(2): "Compliance program". The employer did not have a written compliance program available at the worksite and did not implement the program prior to the start of the job, to reduce and maintain employee exposure to lead to or below the permissible exposure limit  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.    Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(f)(5)(i): The employer did not establish and implement a written compliance program prior to commencement of the job as required 29 CFR 1926.1127(f)(1) when employee exposure to cadmium could exceed the PEL.   On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.  The employer did not have a written compliance program available at the worksite and did not implement the program prior to the start of the job.  Employees were exposed to the hazards of systemic poisoning from airborne cadmium.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(i): Appropriate respirators were not used during periods when an employee's exposure to lead exceeded the Permissible Exposure Limit (PEL)  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.  Employees were exposed to the hazards of systemic poisoning from airborne lead.  The employer failed to provide appropriate respirators to employees.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

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.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.  Employees were exposed to the hazards of systemic poisoning from airborne lead.  The employer failed to implement a respiratory protection program.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(g)(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)), which covers each employee required by 29 CFR 1926.1127 to use a respirator.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.  Employees were exposed to the hazards of systemic poisoning.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas for employees whose airborne exposure to lead was above the permissible exposure limit, without regard to the use of respirators.   On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.    The employees were wearing protective clothing but did not have a clean change area to prevent the migration of lead-containing dust onto their street clothes.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(j)(1): When employees whose airborne exposure to cadmium was above the PEL, the employer did not provide clean change rooms, hand washing facilities, showers, and lunchroom facilities that complied with 29 CFR 1926.51.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employees were wearing protective clothing but did not have a clean change area to prevent the migration of cadmium-containing dust onto their street clothes.  Employees were exposed to the hazards of systemic poisoning from airborne cadmium.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(ii): The employer did not train each employee who were subject to exposure to lead at or above the action level on any day, or who were subject to exposure to lead compounds which may cause skin or eye irritation (e.g., lead arsenate, lead azide) in accordance with the requirements of 29 CFR 1926.62 and the employer did not institute a training program and ensure employee participation in the program.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least two employees from exposure to lead in excess of 0.050 milligrams per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employees were documented to be exposed to airborne lead levels that ranged from 2.19 mg/m(3) to 14.74 mg/m(3), which is equivalent to 43.8 and 294.79 times the PEL.  These exposures were determined from two 309 minute samples.  Zero exposure was assumed for the un-sampled 171 minute period per sample.    Although the employer was aware of possible lead at the work site, the employer failed to implement a training program specific to lead for those employees that were removing a lead containing surface.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(m)(1): The employer did not provide information to employee(s) on at least the following Cadmium hazards: cancer; lung effects; kidney effects; and acute toxicity effects.  On May 14, 2013, CSHOs Young and Herrington arrived at 2621 Prytania St, New Orleans, LA where a residential home remodeling operation was underway. An open sided containment was set up on the east side of the residence for the activities associated with painting.  From the CSHOs view outside the containment, one employee was observed removing the old paint from the exterior siding with a Makita hand-held power sander in order to prepare it for a new coat of paint. The hand-held power sander was not equipped with a HEPA-vacuum system.  A substantial cloud of dust was generated from the sander while the CSHOs observed the work activities from both the interior and exterior of the house.  Interior observations were performed through a closed window with a clear view of the employee within the containment.  Exterior observations were performed from the front yard of the home.     CSHOs Young and Herrington conducted personal sampling on one employee who was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.  The employer did not provide training or safety data sheets for cadmium at the work site.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(m)(4)(i): The employer did not institute a training program for each employee who is potentially exposed to cadmium, ensure employee participation in the program, and maintain a record of the contents of such program.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employer did not train employees who were exposed to cadmium to the hazards of cadmium.  Employees were exposed to the hazards of systemic poisoning from airborne cadmium.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(d)(1)(i): The employer did not establish the applicability of this standard by determining whether cadmium was present in the work place and whether there was the possibility that employee exposure will be at or above the action level prior to performance of any construction work and did not designate a competent person to make the determination and did not ensure the that the investigation techniques used included a review of relevant plans, past reports, material safety data sheets, and other available records, with consultations with the property owner and discussions with appropriate individuals and agencies.  On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employer had not determined whether or not cadmium was present in the workplace and whether there could be an overexposure to cadmium.  Employees were exposed to the hazards of systemic poisoning from airborne lead.

Issued

2013-11-01 00:00:00

Abate by

2013-11-11 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of cadmium was, or could reasonably be expected to be in excess of the permissible exposure limit (PEL).   On or about May 14, 2013, at the residential home remodeling project located at 2621 Prytania St., New Orleans, LA, the employer did not protect at least one employee from exposure to cadmium in excess of 5 micrograms per cubic meter (Permissible Exposure Limit) as an 8 hour Time Weighted Average while removing paint from the exterior siding using a power sander.  The work was performed in an unsealed containment on the east side of the house. The employee was documented to be exposed to airborne cadmium levels of 14 ug/m(3), which is equivalent to 2.86 times the PEL.  This exposure was determined from one 309 minute sample.  Zero exposure was assumed for the unsampled 171 minute period.    The employer did not establish a regulated area at the work site where employees were exposed to cadmium above the PEL.  Employees were exposed to the hazards of systemic poisoning from airborne cadmium.