OSHA Inspection: EVERGREEN APARTMENTS, LLC

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use  (Construction Reference 1926.103).       On or about August 15, 2013, the employer had not established and maintained a respiratory protection program.  Maintenance employees have been issued N-95 and negative pressure half-face respirators that they are required to use while performing certain activities.  N-95 dust masks are required for activities such as sweeping and cleaning.  Negative pressure half-face respirators are required when compounding, painting, and performing lead abatement work.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

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 (Construction Reference 1926.103):    On or about August 15, 2013, the employer had provided employees with respirators, required their use during sweeping, cleaning, compounding, and painting tasks but had not provided medical evaluations to determine whether the employees were physically able to wear respirators.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  (Construction Reference 1926.103)    On or about August 15, 2013, the employer had issued to employees N-95 and negative pressure half-face respirators and required their use for activities such as sweeping, cleaning, compounding, and painting.  No training had been provided to the employees with respect to limitations as well as proper fit, maintenance, and storage of the respirators.

Issued

Nov 12, 2013

Penalty

Initial $2,400 · Current $1,000 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):    On or about August 15, 2013, the employer had not developed or implemented a written hazard communication program to address labeling and hazard warnings, material safety data sheets, and employee training.  The employees routinely use products containing petroleum distillates, stoddard solvents, 1-chloro-4(trifluoromethyl)benzene, mineral spirits, and naphtha.

Issued

Nov 12, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical which they used (Construction Reference: 1926.59):    On or about August 15, 2013, the employer did not make material safety data sheets available for each hazardous chemical the employees use.  The employees routinely use products containing petroleum distillates, stoddard solvents, 1-chloro-4(trifluoromethyl)benzene, mineral spirits, and naphtha.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.21(b)(3): Employees required to handle or use poisons, caustics, and other harmful substances were not instructed regarding the safe handling and use, and were not made aware of the potential hazards, personal hygiene, and personal protective measures required.     On or about August 15, 2013, the employer directed employees to conduct renovation/demolition work without instructing them regarding the hazards of lead-based paint and how to protect themselves.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $1,600 · Current $1,000 Reduced

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 August 15, 2013, employees were directed to conduct remodeling/demolition activities in an apartment without monitoring to determine whether they were being exposed to lead at or above the action level of 30 ug/m3.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employees using a tight-fitting facepiece respirator were not annually fit tested (Construction Reference 1926.103):    On or about August 15, 2013, the employer had provided employees with respirators, required their use during sweeping, cleaning, compounding, and painting tasks but had not arranged for employees to be fit tested on an annual basis.    Two employees were interviewed regarding respirator use.  Both had worn their respirators earlier in the day.  Both stated that the employer had not required them to be fit tested prior to being required to wear the respirators to perform work activities.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

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 (Construction Reference 1926.103):    On or about August 15, 2013, the employer had provided employees with respirators, required their use during sweeping, cleaning, compounding, and painting tasks but had not advised them that facial hair is not acceptable when using a respirator with a tight-fitting respirator.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer  (Construction Reference 1926.103):    On or about August 15, 2013, the employer had provided employees with respirators, required their use during sweeping, cleaning, compounding, and painting tasks but had not advised them how to clean and disinfect the respirators.

Issued

Nov 12, 2013

Abate by

Feb 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve  (Construction Reference 1926.103):     On or about August 15, 2013, the employer had provided employees with respirators, required their use during sweeping, cleaning, compounding, and painting tasks but had not advised them how to clean and disinfect the respirators.