OSHA Inspection: PETER THOMAS

Issued

2014-10-14 00:00:00

Abate by

2014-11-17 00:00:00

Penalty

Initial $440.00 · Current $440.00

General-duty citation text

29 CFR 1903.19(c)(1):  The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:     Peter Thomas dba Thomas Restoration Painting,  failed to certify to OSHA within 10 calendar days after the abatement date that each of the following cited violations had been corrected:     Citation Number                              Item Number                                    Abatement Date  01                                                           01a                                                    05/12/2014  01                                                           01b                                                   05/12/2014  01                                                           01c                                                  05/12/2014  01                                                           01d                                                    05/12/2014 01                                                           01e                                                    05/12/2014 01                                                           02d                                                    05/12/2014 01                                                           03a                                                     05/12/2014 01                                                           03b                                                    05/12/2014 01                                                           03c                                                      05/12/2014 01                                                           05a                                                    05/12/2014 01                                                            05b                                                    05/12/2014 01                                                           05c                                                       05/12/2014 01                                                            05d                                                    05/12/2014 01                                                            07a                                                    05/12/2014 01                                                            07b                                                    05/12/2014 01                                                            07d                                                       05/12/2014 01                                                            07e                                                    05/12/2014 01                                                            07f                                                       05/12/2014 01                                                            07g                                                    05/12/2014 01                                                            07h                                                    05/12/2014 01                                                            08a                                                    05/12/2014 01                                                            08b                                                    05/12/2014  01                                                            08c                                                    05/12/2014 01                                                             08d                                                    05/12/2014 01                                                            12a                                                    05/12/2014 01                                                            12b                                                    05/12/2014 01                                                            12c                                                    05/12/2014 01                                                            13a                                                    05/12/2014 01                                                            13b                                                    05/12/2014 01                                                            13c                                                    05/12/2014 01                                                            13d                                                    05/12/2014 01                                                            14a                                                    05/12/2014 01                                                            14b                                                    05/12/2014 01                                                            15a                                                    05/12/2014 01                                                            15b                                                    05/12/2014 01                                                            15c                                                    05/12/2014 02                                                            01                                                      05/12/2014 02                                                            02                                                      05/12/2014 02                                                            03                                                       05/12/2014   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $2200.00 · Current $880.00 Reduced

Hazardous substances 02601591C141

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employees or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program with required worksite-specific procedures:    a) The employer did not ensure that a written respiratory protection program was established and implemented for those employees required to wear respiratory protection,that would describe or include at least the following:  1)            Procedures for selecting respirators;   2)            Worksite specific procedures;  3)            Medical evaluations;   4)            Fit testing procedures;  5)            Procedures for proper use of respirators in routine and reasonably foreseeable emergency;   6)            Procedures and schedules for cleaning, storing, inspecting, repairing and discarding respirators;  7)            Employee training regarding respiratory hazards they are exposed to, proper use and limitations of respirators; and   8)            Procedures for regularly evaluating the effectiveness of the respirator program       On or about 17 July 2013, the employer required of the employee(s) removing lead paint to wear respiratory protection.  Workers removed paint (containing up to 23.39% Lead; 0.0058% Cadmium and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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:    a) On or about 17 July 2013, the employer did not establish and implement a written respiratory protection program in accordance with 29 CFR 1910.134 (c)(1).  The employer required of the employee(s) removing lead-containing paint to wear respiratory protection.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators. The employer did not ensure that where respirators were required, a written respiratory protection program was established, implemented and maintained.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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:    a) On or about 17 July 2013, the employer did not establish and implement a written respiratory protection program in accordance with 29 CFR 1910.134 (c)(1).  The employer required of the employee(s) removing cadmium-containing paint to wear respiratory protection.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators. The employer did not ensure that where respirators were required, a written respiratory protection program was established, implemented and maintained.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 026015912561C141

General-duty citation text

29 CFR 1926.1127(f)(2)(ii): Welding, cutting, and other forms of heating cadmium or cadmium-containing materials were not conducted in accordance with the requirements of 29 CFR 1926.353 and 29 CFR 1926.354:      a) On or about 17 July 2013 the employer did not ensure that heating of cadmium-containing paint was conducted in accordance with the requirements of 29 CFR 1926.354.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators. Only one employee used the respirator, the other three employees, including the worker handling the electric paint remover, did not wear any respiratory protection.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.354(c)(2): Employee(s) were not protected by a respirator, in accordance with the requirements of 29 CFR 1926 Subpart E, when welding, cutting or heating toxic preservative coatings in open air.    a) On or about 17 July 2013, the employer did not ensure that whenever heating cadmium-containing wood preservation coating, workers were protected by respiratory protection.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators. Only one employee used the respirator, the other three employees including the worker handling the electric paint remover, did not wear any respiratory protection.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $2200.00 · Current $880.00 Reduced

Hazardous substances 02601591C141

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:       a) On or about 17 July 2013, the employer did not select and provide an appropriate respirator based on the respiratory hazard(s) to which the workers were exposed.  The employer required of the employee(s) removing lead paint to wear respiratory protection.  Workers removed old paint (containing up to 23.39% Lead; 0.0058% Cadmium and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators which provided protection against particulate contaminants only.  This respirator model did not adequately protect workers against the metal fumes formed when heating the old paint with the electric paint remover.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 02601591C141

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(d)(3)(ii): The employer did not provide a respirator that was appropriate for the chemical state and physical form of the contaminant:    a) On or about 17 July 2013, the employer did not select an appropriate respirator based on the chemical and physical states of the contaminant.  The employer required of the employee(s) removing lead paint to wear respiratory protection.  Workers removed old paint (containing up to 23.39% Lead; 0.0058% Cadmium and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators which provided protection against particulate contaminants only.  This respirator model did not adequately protect workers against the metal fumes formed when heating the old paint with the electric paint remover.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f):    a) On or about 17 July 2013, the employer did not provide appropriate respiratory protection to workers, in the interim, until an exposure assessment determined the actual employee exposure to lead.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators which provided protection against particulate contaminants only.  This respirator model did not adequately protect workers against the metal fumes formed when heating the old paint with the electric paint remover.  In the absence of personal air monitoring, the employer was required to assume employee exposures up to ten times (10 X) the Permissible Exposure Level and implement certain employee protective measures.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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):    a) On or about 17 July 2013, the employer did not provide and did not ensure that appropriate respiratory protection to workers, in the interim, while employees performed operations listed in paragraph (d)(2) of this section, (i.e. manual scraping and heat gun applications where lead containing coatings or paint is present).  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Only one employee of the four workers on site used respiratory protection.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators which provided protection against particulate contaminants only.  This respirator model did not adequately protect workers against the metal fumes formed when heating the old paint with the electric paint remover.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $2200.00 · Current $880.00 Reduced

General-duty citation text

Construction Reference: 1926.103   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee�s ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION/CONDITION) (DESCRIBE HAZARD)Note:  The employer may discontinue an employee�s medical evaluations when the employee is no longer required to use a respirator.    a) On or about 17 July 2013, the employer required of the employee(s) removing old paint to wear respiratory protection.  Workers removed old paint (containing up to 23.39% Lead; 0.0058% Cadmium and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators.  The employer did not provide a medical evaluation to determine the employees ability to use a respirator before the employee was fit-tested or required to use the respirator in the workplace.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 1926.103   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    a) On or about 17 July 2013, the employer required of the employee(s) removing lead paint to wear respiratory protection.  Workers removed paint (containing up to 23.39% Lead; 0.0058% Cadmium and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators.  The employer did not ensure that employees using a tight-fitting facepiece respirator were fit-tested either qualitatively (QLFT) or quantitatively (QNFT) prior to the initial use of the respirator.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    (a) On or about 17 July 2013, the employer allowed employee(s) that were required to wear tight-fitting respiratory protection to use respirator(s) when facial hair interfered with the seal between the facepiece and the face.  The employer required of the employee(s) removing old paint to wear respiratory protection.  Workers removed paint (containing up to 23.39% Lead; 0.0058% Cadmium and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators.  A worker sported a goatee which interfered with the seal normally formed between a clean-shaven face and the facepiece respirator.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $2200.00 · Current $880.00 Reduced

General-duty citation text

Construction Reference: 1926.103   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):    a) On or about 17 July 2013, the employer required of the employee(s) removing lead paint to wear respiratory protection.  Workers removed old paint (containing up to 23.39% Lead; 0.0058% Cadmium and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Worker(s) were provided and used 3M TEKK Model 8511 negative pressure filtering facepiece N-95 respirators. The employer did not ensure that employee(s) demonstrated knowledge why the respirator was necessary and how improper fit, usage or maintenance can compromise the protective effect of the respirator.  The use of respirator(s) by worker(s) was observed and the improper use (wearing the respirator with only one strap around the neck) and lack of knowledge about the diminishing protective effect due to facial hair was documented.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $2200.00 · Current $880.00 Reduced

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(o)(1)(i): The employer did not ensure employee participation in the training program required 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:    a) On or about 17 July 2013, the employer did not institute a training program with employee participation for workers who were exposed to inorganic Arsenic and for whom the possibility of skin or eye irritation existed.  Employee(s) engaged in the renovation of a residential housing unit, removed old paint (containing up to 0.01% Arsenic) by using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  The employees did not wear eye protection (including but not limited to safety glasses) or skin protection (including but not limited to protective clothing and/or gloves).  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 1926.59   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1200 of this chapter.    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.    On or about 17 July 2013, employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 23% Lead, 0.01% Arsenic and 0.005% Cadmium) and repainted it using Benjamin Moore Aura Waterborne Exterior Paint Low Lustre Finish # 634 (contains hazardous chemicals including Titanium Dioxide; Nepheline Syenite; Barium Sulfate; Kaolin; Zinc Oxide and Silica) and Flat Finish # 629 (contains hazardous chemicals including Titanium Dioxide; Nepheline Syenite; Barium Sulfate and Zinc Oxide).

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:    a) On or about 17 July 2013, the employer did not institute a training program with employee participation for workers who were exposed to Lead compounds which may cause skin or eye irritation.  Employee(s) engaged in the renovation of a residential housing unit, removed old paint (containing up to 23.39% Lead and 0.01% Arsenic) by using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead and 10.6 µg Arsenic on workers palms and fingers. The employees did not wear eye protection (including but not limited to safety glasses) or skin protection (including but not limited to protective clothing and/or gloves).

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:    a) On or about 17 July 2013, the employer did not institute a training program with employee participation for workers who were potentially exposed to Cadmium.  Employee(s) engaged in the renovation of a residential housing unit, removed old paint (containing up to 0.0058% Cadmium) by using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers. The employees did not wear eye protection (including but not limited to safety glasses) or skin protection (including but not limited to protective clothing and/or gloves).

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $1320.00 · Current $560.00 Reduced

General-duty citation text

Construction Reference: 1926.59  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1200 of this chapter.    29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical in use:    a) On or about 17 July 2013, the employer did not have a safety data sheet (SDS) in the workplace for each hazardous chemical in use.   Employee(s) engaged in the renovation of a residential housing unit, removing old paint and repainted it using Benjamin Moore Aura Waterborne Exterior Paint Low Lustre Finish # 634 (contains hazardous chemicals including Titanium Dioxide; Nepheline Syenite; Barium Sulfate; Kaolin; Zinc Oxide and Silica) and Flat Finish # 629 (contains hazardous chemicals including Titanium Dioxide; Nepheline Syenite; Barium Sulfate and Zinc Oxide).   A Safety Data Sheet was not available for these paints.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $3080.00 · Current $1232.00 Reduced

General-duty citation text

Construction Reference: 1926.1118   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(o)(1)(ii): Training was not provided for employee(s) at the time of initial assignment to an area where employees are subject to inorganic arsenic exposure above the action level, or for whom there is a possibility of skin or eye irritation from inorganic arsenic:    (a) On or about 17 July 2013, the employer did not provide information to each affected employee exposed to inorganic Arsenic at the time of initial assignment and annually thereafter covering the elements listed in paragraphs (A) through (F) of this section.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.  Employee(s) had not received information on Arsenic, including but not limited to the quantity, location, manner of use and nature of operations that could result in arsenic exposure; the use and limitations of respirators; the applicable engineering controls and work practices.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(p)(1)(ii): The employer did not communicate to employee(s) the hazards of inorganic arsenic, addressing at least the following: cancer; liver effects; skin effects; respiratory irritation; nervous system effects; and acute toxicity effects.    (a) On or about 17 July 2013, the employer did not provide employees with training and information which addressed the health hazards of inorganic Arsenic, including but not limited to cancer and adverse health effects to liver, dermal, respiratory and nervous systems as well as acute toxicity effects.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(h)(1): Employers did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees had not previously been trained about was introduced into their work area and chemical-specific information was not always available through labels and material safety data sheets.    a) On or about 17 July 2013, the employer did not provide employee(s) effective training and information for the hazardous chemicals used in the workplace.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing heavy metals - up to 23% Lead, 0.01% Arsenic and 0.005% Cadmium) and repainted it using Benjamin Moore Aura Waterborne Exterior Paint Low Lustre Finish # 634 (contains hazardous chemicals including Titanium Dioxide; Nepheline Syenite; Barium Sulfate; Kaolin; Zinc Oxide and Silica) and Flat Finish # 629 (contains hazardous chemicals including Titanium Dioxide; Nepheline Syenite; Barium Sulfate and Zinc Oxide).  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

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F): 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), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication:    a) On or about 17 July 2013, the employer did not provide information and training regarding Lead, in the interim, to each affected employee until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations referenced in this section.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.  Employee(s) had not received information on the health hazards of Lead (including but not limited to reproductive and developmental toxicity; nervous system, renal and hematopoietic effects; acute toxicity) and the proper use of respiratory protection (including but not limited to purpose, selection, fitting, use and limitations of respirators).

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(l)(1)(i): The employer did not ensure that at least the following Lead hazards were communicated to employee(s): reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects.    a) On or about 17 July 2013, The employer did not provide information and training regarding Lead, which addressed the health hazards of Lead, covering at least the hazards listed in paragraphs (A) through (E) of this section.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.  Employee(s) had not received information on the health hazards of Lead, including but not limited to reproductive and developmental toxicity; nervous system, renal and hematopoietic effects and acute toxicity outcomes.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(l)(2): The employer did not ensure that each employee was trained in the elements listed in paragraphs (i) through (viii) of this section:    a) On or about 17 July 2013, the employer did not provide information and training regarding Lead, covering the elements listed in paragraphs (i) through (viii) of this section.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.  Employee(s) did not receive information on the hazards of Lead, including but not limited to specific operations resulting in exposures; aspects of respiratory protection; the medical surveillance program and use of chelating agents; the applicable engineering controls and work practices.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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.    a) On or about 17 July 2013, the employer did not provide employees with information which addressed the health hazards of Cadmium, including but not limited to cancer and adverse effects to renal and respiratory systems as well as acute toxicity effects.   Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1127(m)(4)(iii): The employer did not ensure that each employee was informed of elements listed in paragraphs (A) through (H) of this section:    a) On or about 17 July 2013, the employer did not provide information regarding Cadmium, covering the elements listed in paragraphs (A) through (H) of this section.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers.  Employee(s) did not receive information on the hazards of Cadmium, including but not limited to health hazards, quantity, location, manner of use and nature of operations that could result in cadmium exposure;   applicable engineering controls and work practices; specific measures to protect against exposures; aspects of respiratory protection; the medical surveillance program and access to related records.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $3080.00 · Current $1232.00 Reduced

General-duty citation text

Construction Reference: 1926.1118   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.      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:    a) On or about 17 July 2013, the employer did not determine the airborne concentration of inorganic Arsenic (via personal air monitoring) to which his employee(s) were exposed.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.  Heating of Arsenic-containing paint potentially created arsenic fumes which contributed to airborne exposures.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 mcg/m3) calculated as an 8-hour time-weighted average (TWA):    a) On or about 17 July 2013, the employer did not perform an initial determination to assess whether employees may be exposed to Lead at or above the action level.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.  Heating of Lead-containing paint potentially created Lead fumes which contributed to airborne exposures.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 17 July 2013, the employer did not perform personal air monitoring to assess whether employees may be exposed to Lead at or above the action level.  The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level whenever performing manual scraping and heat gun applications.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.  Heating of Lead-containing paint potentially created Lead fumes which contributed to airborne exposures.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:    a) On or about 17 July 2013, the employer did not perform an initial determination to assess the presence of Cadmium in the workplace and to evaluate the possibility of employee exposures at or above the action level.   Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $2200.00 · Current $880.00 Reduced

General-duty citation text

Construction Reference: 1926.1118   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(j)(1)(i): The employer did not provide at no cost to employees and did not ensure use of coveralls or similar full-body work clothing by all employee(s) working in regulated areas or for whom the possibility of skin or eye irritation from inorganic Arsenic existed.     a) On or about 17 July 2013, the employer did not provide and ensure use of appropriate and clean protective clothing (such as but not limited to coveralls) by the employees with possible skin and eye irritation due to Arsenic exposure.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Four employee(s) worked without protective clothing: two workers had no upper-body clothing and two had their arms exposed to the paint debris.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g):    a) On or about 17 July 2013, the employer did not provide appropriate personal protective clothing (such as but not limited to coveralls), in the interim, to each affected employee until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations referenced in this section.    The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level whenever performing manual scraping and heat gun applications.  Workers removed old paint (containing up to 23.39% Lead and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods. Four employee(s) worked without protective clothing: two workers had no upper-body clothing and two had their arms exposed to the paint debris.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead and 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(g)(1)(i): The employer did not provide, at no cost to the employee, and ensure that the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to coveralls or similar full-body work clothing:    a) On or about 17 July 2013, the employer did not provide and ensure use of appropriate protective clothing (such as but not limited to coveralls) by the employees with possible skin and eye irritation due to exposure to Lead compounds.  Workers removed old paint (containing up to 23.39% Lead and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Four employee(s) worked without protective clothing: two workers had no upper-body clothing and two had their arms exposed to the paint debris.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead and 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1127(i)(1)(ii): The protective work clothing and equipment provided by the employer to prevent contamination of the employee and the employee's garments from airborne cadmium did not include gloves, head coverings, and boots or foot coverings:    a) On or about 17 July 2013, the employer did not provide and ensure use of appropriate protective clothing (such as but not limited to coveralls) by the employees with skin and eye irritation due to exposure to Cadmium.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Four employee(s) worked without protective clothing: two workers had no upper-body clothing and two had their arms exposed to the paint debris.  Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $3080.00 · Current $1232.00 Reduced

General-duty citation text

Construction Reference: 1926.1118   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(j)(1)(ii): The employer did not provide at no cost to employees and did not ensure use of gloves, and shoes or coverlets by all employee(s) working in regulated areas or for whom the possibility of skin or eye irritation from inorganic Arsenic existed.     a) On or about 17 July 2013, the employer did not provide and ensure use of appropriate protective gloves and shoe coverlets by employees with possible skin and eye irritation due to Arsenic exposure.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  None of the four employee(s) wore protective shoe coverlets and only one worker had one (1) glove on his hand.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(g)(1)(ii): The employer did not provide, at no cost to the employee, and ensure the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to gloves, hat, and shoes or disposable shoe coverlets:    a) On or about 17 July 2013, the employer did not provide and ensure use of gloves and disposable shoe covers by employees with possible skin and eye irritation due to exposure to Lead compounds.  Workers removed old paint (containing up to 23.39% Lead and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  None of the four employee(s) wore protective shoe coverlets and only one worker had one (1) glove on his hand.   Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead and 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1127(i)(1)(ii): The protective work clothing and equipment provided by the employer to prevent contamination of the employee and the employee's garments from airborne cadmium did not include gloves, head coverings, and boots or foot coverings:    a) On or about 17 July 2013, the employer did not provide and ensure use of protective gloves and shoe coverlets by employees with skin and eye irritation due to exposure to Cadmium.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  None of the four employee(s) wore protective shoe coverlets and only one worker had one (1) glove on his hand.  Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $1320.00 · Current $560.00 Reduced

General-duty citation text

Construction Reference: 1926.1118   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.      29 CFR 1910.1018(j)(1)(iii): The employer did not provide at no cost to employees, and did not ensure use when necessary to prevent eye irritation of face shields or vented goggles (compliant with the requirements of � 1910.133(a) (2)�(6)), by all employee(s) working in regulated areas or for whom the possibility of skin or eye irritation from inorganic Arsenic existed.     a) On or about 17 July 2013, the employer did not provide and ensure use of appropriate eye protection equipment (including but not limited to face shields or safety glasses) by employees with possible skin and eye irritation due to Arsenic exposure.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Of the four exposed employee, one used safety glasses, two didnt have any eye protection and a fourth person wore vision correction spectacles only.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(g)(1)(iii): The employer did not provide, at no cost to the employee, and ensure that the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to face shields, vented goggles, or other appropriate protective equipment which complies with 29 CFR 1910.133:    a) On or about 17 July 2013, the employer did not provide and ensure use of appropriate eye protection equipment (including but not limited to face shields or safety glasses) by employees with exposure to Lead compounds that may cause skin and eye irritation.  Workers removed old paint (containing up to 23.39% Lead and 0.01% Arsenic) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Of the four exposed employee, one used safety glasses, two didnt have any eye protection and a fourth person wore vision correction spectacles only.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1127(i)(1)(iii): The protective work clothing and equipment provided by the employer to prevent contamination of the employee and the employee's garments from airborne cadmium did not include face shields, vented goggles, or other appropriate protective equipment that complies with 29 CFR 1910.133:    a) On or about 17 July 2013, the employer did not provide and ensure use of appropriate eye protection equipment (including but not limited to face shields or safety glasses) by employees with exposure to Cadmium that may cause skin and eye irritation.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Of the four exposed employee, one used safety glasses, two didnt have any eye protection and a fourth person wore vision correction spectacles only.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $2200.00 · Current $880.00 Reduced

General-duty citation text

29 CFR 1910.1018(m)(1): Clean change rooms equipped with storage facilities for street clothes and separate storage facilities for protective clothing and equipment, in accordance with 29 CFR 1910.141(e), were not provided for employees working in regulated areas or in areas subject to the possibility of skin or eye irritation from inorganic arsenic:    a) On or about 17 July 2013, the employer did not provide to employees that had possible skin and eye irritation due to Arsenic exposure, clean change rooms equipped with separate storage facilities for street and protective clothes and equipment.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  A change area did not exist on the worksite; employees worked without any protective clothing and three of them went home dressed in the same work clothes.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with change areas in accordance with 29 CFR 1926.62(i)(2):    a) On or about 17 July 2013, the employer did not provide change areas, in the interim, to each affected employee until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations referenced in this section.    The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level whenever performing manual scraping and heat gun applications.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods. A change area did not exist on the worksite; employees worked without any protective clothing and three of them went home dressed in the same work clothes.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(i)(2): The employer did not provide clean change areas for employee(s) whose airborne exposure to Lead was above the PEL, and as interim protection for employee(s) performing tasks as specified in paragraph (d)(2) of this section, without regard to the use of respirators.    a) On or about 17 July 2013, the employer did not provide change areas, in the interim, to each employee performing manual scraping and heat gun applications, until an exposure assessment determined the actual exposure to Lead.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods. A change area did not exist on the worksite; employees worked without any protective clothing and three of them went home dressed in the same work clothes.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $3080.00 · Current $1232.00 Reduced

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(m)(2)(i): Employees working in regulated areas, or subject to the possibility of skin or eye irritation from inorganic arsenic were not required to shower at the end of the work shift:    a)On or about 17 July 2013, the employer did not ensure that employees with possible skin and eye irritation due to Arsenic exposure, showered at the end of the work shift.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  None of the four employee(s) wore protective clothing; two workers had no upper body garments.  There were no shower facilities available in the work area and a garden hose was the only source of running water.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(m)(6): The employer did not ensure that employees were not exposed to skin or eye contact with liquid or particulate inorganic arsenic which was likely to cause skin or eye irritation:    a) On or about 17 July 2013, the employer did not ensure that employees did not have skin and eye exposures to inorganic Arsenic which may cause irritation.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  None of the four employee(s) wore protective clothing or gloves; two workers had no upper body garments.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with hand washing facilities in accordance with 29 CFR 1926.62(i)(5):    a) On or about 17 July 2013, the employer did not provide hand washing facilities, in the interim, to affected employees until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations referenced in this section.    The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level whenever performing manual scraping and heat gun applications.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  There were no dedicated hand-washing facilities in the work area and a garden hose was used at the back of the garden to wash hands.  Hand soap was not available and Palmolive Dish Soap was borrowed from a neighbor.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 17 July 2013, the employer did not provide adequate hand washing facilities to employees with dermal Lead exposure.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  There were no dedicated hand-washing facilities in the work area and a garden hose was used at the back of the garden to wash hands.  Hand soap was not available and Palmolive Dish Soap was borrowed from a neighbor.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $1320.00 · Current $560.00 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E): 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), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with biological monitoring in accordance with 1926.62(j)(1)(i), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels:    a) On or about 17 July 2013, the employer did not institute a medical surveillance program, in the interim, for all employees until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations referenced in this section.  The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level whenever performing manual scraping and heat gun applications.Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.  The crew had Lead exposure for more than 30 days per year - renovating 10-15 houses with Lead-containing paint every year and spending an average of two weeks per house.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1127(l)(1)(i)(A): The employer did not institute a medical surveillance program for all employees who performed the following tasks, operations or jobs; electrical grounding with cadmium welding; cutting, brazing, burning; grinding or welding on surfaces that were painted with cadmium-containing paints electrical work using cadmium-coated conduit; use of cadmium containing paints; cutting and welding cadmium-plated steel; brazing or welding with cadmium alloys; fusing of reinforced steel by cadmium welding; maintaining or retrofitting cadmium-coated equipment; and, wrecking and demolition where cadmium is present:    a) On or about 17 July 2013, the employer did not institute a medical surveillance program for all employees performing manual removal and heat gun applications on surfaces that were painted with cadmium-containing paints.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $3080.00 · Current $1232.00 Reduced

General-duty citation text

Construction Reference: 1926.1118   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(k)(2): Floors and other accessible surfaces contaminated with inorganic arsenic were cleaned by shoveling and/or brushing where vacuuming or other relevant methods were effective:    a) On or about 17 July 2013, the employer did not ensure that Arsenic -contaminated surfaces were not cleaned by brushing and/or shoveling methods.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  At the end of the shift, worker(s) used brooms and dry-swept the Arsenic-containing paint debris, and then shoveled it into plastic bags which the employer removed from the site in the work van.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(h)(3): Shoveling, dry or wet sweeping, and brushing were used when vacuuming or other equally effective methods were effective:    a) On or about 17 July 2013, the employer did not ensure that Lead -contaminated surfaces were not cleaned by dry sweeping, brushing and/or shoveling methods.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  At the end of the shift, worker(s) used brooms and dry-swept the Lead-containing paint debris, and then shoveled it into plastic bags which the employer removed from the site in the work van.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1127(k)(5): Shoveling, dry or wet sweeping, or brushing was used before vacuuming or other methods that minimize the likelihood of cadmium becoming airborne had been tried and were found not to be effective:    a) On or about 17 July 2013, the employer did not ensure that Cadmium -contaminated surfaces were not cleaned by brushing and/or shoveling methods.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.  At the end of the shift, worker(s) used brooms and dry-swept the Cadmium -containing paint debris, and then shoveled it into plastic bags which the employer removed from the site in the work van.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(o)(2)(i): A copy of the inorganic arsenic standard (29 CFR 1910.1018) and its appendices was not made readily available to all affected employees:    a) On or about 17 July 2013, employer did not make readily available to all affected employees a copy of the OSHA 29 CFR 1910.1018 Arsenic Standard and its appendices.  Employee(s) engaged in the renovation of a residential housing unit, removing old paint (containing up to 0.01% Arsenic) using an electric Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods, and finally repainted it.  Wipe samples collected from employees hands indicated presence of up to 10.6 µg Arsenic on workers palms and fingers.  Employee(s) had not received information on Arsenic, including but not limited to the quantity, location, manner of use and nature of operations that could result in arsenic exposure; the use and limitations of respirators; the applicable engineering controls and work practices.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.62(l)(3)(i): The employer did not make a copy of 29 CFR 1926.62 and its appendices readily available to all affected employees:    a) On or about 17 July 2013, the employer did not make readily available to all affected employees a copy of the OSHA 29 CFR 1926.62  Lead Standard and its appendices.  Workers removed old paint (containing up to 23.39% Lead) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 12,981 µg Lead on workers palms and fingers.  Employee(s) did not receive information on the hazards of Lead, including but not limited to specific operations resulting in exposures; aspects of respiratory protection; the medical surveillance program and use of chelating agents; the applicable engineering controls and work practices.

Issued

2013-11-26 00:00:00

Abate by

2014-05-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1127(m)(4)(iv)(A): The employer did not make a copy of 29 CFR 1926.1127 and its appendices readily available and provide a copy, at no cost, when requested:    a) On or about 17 July 2013, the employer did not make readily available to all affected employees a copy of the OSHA 29 CFR 1926.1127 Cadmium Standard and its appendices.  Workers removed old paint (containing up to 0.0058% Cadmium) by heating old paint using a Warner Tool Products No. 382 Tool 1000-Watt Radiant Heat Paint Remover and scraping methods.    Wipe samples collected from employees hands indicated presence of up to 14.23 µg Cadmium on workers palms and fingers.