OSHA Inspection: ASSOCIATED POOL BUILDERS INC.

Issued

Feb 19, 2014

Abate by

Mar 26, 2014

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1926.52(d)(1) In all cases where the sound levels exceed the values shown herein, a continuing, effective hearing conservation program shall be administered:      (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On August 22, 2013, Associated Pool Builders when sound levels exceeded the values shown in Table D-2 of this section, the employer did not administer a continuing, effective hearing conservation program.  Employee A was exposed to a Time Weighted Average (TWA) sound level of 106 dBA and were not included in a continuing, effective hearing conservation program.  This condition exposed the employee to noise induced hearing loss.      (b) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On August 22, 2013, Associated Pool Builders when sound levels exceeded the values shown in Table D-2 of this section, the employer did not administer a continuing, effective hearing conservation program. Employee B was exposed to a Time Weighted Average (TWA) sound level of 106 dBA and were not included in a continuing, effective hearing conservation program.  This condition exposed the employee to noise induced hearing loss.    (c) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On August 22, 2013, Associated Pool Builders when sound levels exceeded the values shown in Table D-2 of this section, the employer did not administer a continuing, effective hearing conservation program.  Employee C was exposed to a Time Weighted Average (TWA) sound level of 103 dBA and were not included in a continuing, effective hearing conservation program.  This condition exposed the employee to noise induced hearing loss.      Abatement Note: The Occupational Safety and Health Administration (OSHA) has determined that an effective hearing conservation program consists of the following elements:       (1) Monitoring of employee noise exposures;   (2) The institution of engineering, work practice, and administrative controls for excessive noise;  (3) The provision for each overexposed employee to have individually fitted hearing protection with an adequate noise reduction rating;  (4) Employee training and education regarding noise hazards and protection measures;  (5) Baseline and annual audiometry;  (6) Procedures for preventing further occupational hearing loss by an employee whenever such an event has been identified; and  (7) Recordkeeping.

Issued

Feb 19, 2014

Abate by

May 26, 2014

Penalty

Initial $3,500 · Current $2,100 Reduced

General-duty citation text

29 CFR 1926.55(a): Employee(s) were exposed to material(s) at concentrations above those specified in the Threshold Limit Values of Airborne Contaminants for 1970 of the American Conference of Governmental Industrial Hygienists:      (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On or before August 22, 2013, the employer did not ensure employees performing jack-hammering operations were protected from overexposure to crystalline silica.  This condition exposed employee A to respiratory hazards (i.e. silicosis).  An employee using a jack-hammer to demolish a concrete ramp was exposed to a Time Weighted Average (TWA) for crystalline silica of 30 mppcf (millions of particles per cubic foot of air volume sampled) which is in excess (approximately 2.5 times) of the Permissible Exposure Limit (PEL) of 11.90.    (b) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On or before August 22, 2013, the employer did not ensure employees performing jack-hammering operations were protected from overexposure to crystalline silica.  This condition exposed employee B to respiratory hazards (i.e. silicosis).  An employee using a jack-hammer to demolish a concrete ramp was exposed to a Time Weighted Average (TWA) for crystalline silica of 30.9 mppcf (millions of particles per cubic foot of air volume sampled) which is in excess (approximately 2.5 times) of the Permissible Exposure Limit (PEL) of 11.90.    (c) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On or before August 22, 2013, the employer did not ensure employees performing jack-hammering operations were protected from overexposure to crystalline silica.  This condition exposed employee C to respiratory hazards (i.e. silicosis).  An employee using a jack-hammer to demolish a concrete ramp was exposed to a Time Weighted Average (TWA) for crystalline silica of 43.8mppcf (millions of particles per cubic foot of air volume sampled) which is in excess (approximately 3.7 times) of the Permissible Exposure Limit (PEL) of 11.90.    Abatement Note:       STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering controls and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.      STEP 1 Abatement Date (30 Days): March 20, 2014      STEP 2: Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to silica.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:      (a) Evaluation of the extent and location of the hazard source  (b) Evaluation of control measure options  (c) Selection of optimum control measures  (d) Determination of control measure design  (e) Ordering and delivery of equipment  (f) Installation of control measures  (g) Training of employees in proper operation and maintenance of newly implemented control measures  (h) Assurance of the effective performance of control measures      All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty (30) day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.      STEP 2 Abatement Date (60 Days): April 19, 2014      STEP 3: Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.      STEP 3 Abatement Date: (90 Days): May 19, 2014

Issued

Feb 19, 2014

Abate by

May 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.55(b): Feasible administrative or engineering controls were not implemented to reduce employee exposure(s):  (a) Associated Pool Builders Inc. at 9800 West Via Appia in Louisville, CO: On and before August 21, 2010 the employer did not implement administrative or engineering controls to achieve compliance with paragraph (a) of this section in that the employer relied on respiratory protection when employees were exposed to silica in excess of the OSHA Permissible Exposure Limit (PEL).   This condition exposed employees conducting concrete demolition work to a respiratory hazard.

Issued

Feb 19, 2014

Abate by

May 26, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(1) Where respirators were necessary to protect the health of the employee or whenever respirators were required by the employer, the employer did not establish and implement a written respiratory protection program with worksite-specific procedures:    (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On or before August 21, 2013, respirators were necessary to protect the health of employees, the employer did not establish and implement a written respiratory protection program with worksite specific procedures.  The condition exposed employees to a respiratory hazard, specifically silica.    Abatement Note:  The employer shall include in the program the following provisions of this section, as applicable:  Procedures for selecting respirators for use in the workplace; Medical evaluations of employees required to use respirators; Fit testing procedures for tight-fitting respirators; Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators; Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and Procedures for regularly evaluating the effectiveness of the program. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use.

Issued

Feb 19, 2014

Abate by

May 19, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii) The employer did not identify and evaluate the respiratory hazard(s) in the workplace:    (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On or before August 21, 2013, Associated Pool Builders did not evaluate the respiratory hazards in the workplace in that employees using jack-hammers to break up a concrete wheel chair ramp were not monitored or evaluated for silica exposure.  This condition exposed employees to a respiratory hazard such as silicosis.

Issued

Feb 19, 2014

Abate by

May 26, 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:      (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On or before August 21, 2013, Associated Pool Builders did not provide medical evaluations to determine each employee's ability to use a respirator, before the employee was fit tested or required to use a respirator in the workplace.  This condition places a physiological burden on the respirator user.      Abatement Note: "Appendix C to Sec. 1910.134: OSHA Respirator Medical Evaluation Questionnaire" contains the mandatory information that employees must complete so that a physician (health care professional) may decide if it is appropriate for the employees to wear a respirator.

Issued

Feb 19, 2014

Abate by

May 26, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2) The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter:      (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On or before August 21, 2013, the employer did not ensure that employees were fit tested prior to using tight-fitting facepiece respirators.  Employees jack-hammering a concrete wheel chair ramp were exposed to silica in excess of the OSHA PEL and were not fit tested prior to use of tight-fitting respirators.  Improper respirator fit exposes employees to respiratory hazards.

Issued

Feb 19, 2014

Abate by

Mar 11, 2014

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1926.501(b)(1) Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems:      (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On and before August 21, 2013, Associated Pool Builders employees were not protected from falling by use of a guardrail system, safety net system or personal fall arrest system in that employees walking/working next to the drained pool were exposed to a fall from height.   This condition exposed the employees to a fall hazard of 10 feet.

Issued

Feb 19, 2014

Penalty

Initial $2,380 · Current $1,428 Reduced

General-duty citation text

29 CFR 1926.701(b): Reinforcing steel. All protruding reinforcing steel, onto and into which employees could fall, shall be guarded to eliminate the hazard of impalement.    (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On August 21, 2013 the exposing employer did not ensure each protruding steel rebar was capped or guarded to eliminate the hazard of impalement while employees were demolishing a concrete wheel chair ramp.  Employees worked approximately 1-2 ft above the exposed rebar while jack-hammering and when maneuvering multiple wheel barrow loads of concrete debris up a narrow section of the ramp that was not demolished.  This condition exposed employees to an impalement hazard.

Issued

Feb 19, 2014

Abate by

Mar 26, 2014

Penalty

Initial $1,785 · Current $1,071 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1) The employer 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:      (a) Associated Pool Builders, Inc. at 900 West Via Appia in Louisville, CO:  On August 21, 2013, the employer did not provide employees with effective information and training on the hazards located in their work area.  Employees did not know the hazards related to the dusts being generated by the demolition of the concrete wheel chair ramp.  This condition exposed employees to  respiratory hazardards associated with silica dust.