OSHA Inspection: RICK MILTON AND ASSOCIATES, LLC

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,800 · Current $600 Reduced

General-duty citation text

29 CFR 1910.134(f)(2):  The employer did not ensure that employees using tight fitting face piece respirators pass an appropriate qualitative or quantitative fit test 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):     (a) On or about 06/20/2013, at jobsite, for the foreman and laborer wearing 3M N95 respirator during renovation.  The employees were not provided a fit test prior to being required to wear the respirator.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,000 · Current $0 Reduced

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), (ii), (iii), and (iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f)(1):     a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(2)(v): Wherever feasible engineering and work practice controls were not sufficient to reduce employee exposure to or below the permissible exposure limit and/or excursion limit, the employer did not supplement them by the use of respiratory protection that complied with the requirements of 29 CFR 1926.1101(h):     a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to asbestos while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.  Employees were not wearing respirators when removing materials.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,000 · Current $700 Reduced

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(Construction Reference 1926.59):      (a) On or about 06/20/2013, at jobsite, foreman renovating building materials that had hazardous chemicals such as, but not limited to, lead and asbestos.  Employees were not provided with information and training on the hazards of the chemicals they work with or are exposed to in their work area.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $0 · Current $0

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(Construction Reference 1926.59):   (a) On or about 06/20/2013, at jobsite, foreman and laborer renovating building materials with hazardous chemicals such as, but not limited to, lead and asbestos. Employees were not provided with information and training on the hazards of the chemicals they work with or are exposed to in their work area.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,000 · Current $700 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer didn't instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to their work environment to control or eliminate any hazards or other exposure to illness or injury:    a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint and asbestos while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.

Issued

Nov 6, 2013

Abate by

Nov 17, 2013

Penalty

Initial $2,000 · Current $0 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:     a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint and asbestos while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.  Employees on the ground were not wearing hard hats.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,000 · Current $700 Reduced

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by this standard didn't initially determine if any employee was exposed to lead at or above the action level:       a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(d)(1)(iii): Where monitoring was required, the employer didn't  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) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.

Issued

Nov 6, 2013

Abate by

Nov 22, 2013

Penalty

Initial $2,000 · Current $700 Reduced

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 to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (ii), (iii), and (iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g)(1):      a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $0 · Current $0

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), (ii), (iii), and (iv) with change areas in accordance with 29 CFR 1926.62(i)(2)(i):    a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,000 · Current $700 Reduced

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), (ii), (iii), and (iv) with hand washing facilities in accordance with 29 CFR 1926.62(i)(5)(i):     a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to lead paint while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,000 · Current $700 Reduced

General-duty citation text

29 CFR 1926.1101(g)(1)(ii): The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of wet methods or wetting agents to control employee exposures during asbestos handling, mixing, removal, cutting, application and cleanup:     a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to asbestos while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.  Wet methods were not used when removing materials.

Issued

Nov 6, 2013

Abate by

Dec 12, 2013

Penalty

Initial $2,000 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1101(g)(2)(ii): The employer did not utilize enclosures or isolation of processes producing  asbestos dust, to achieve compliance with the eight hour time weighted average  permissible exposure limit and/or excursion limit:      a) On or about 06/20/2013, at the job site, for foreman and laborers exposed to asbestos while performing manual demolition of interior partitions and floor tiles of a three story building being renovated into apartments.  Critical barriers were not put up when removing materials that went into other areas.