OSHA Inspection: MICHAEL AND MICHAEL, INC.

Issued

2014-01-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by 29 CFR 1926.62 did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air calculated as an 8-hour time-weighted average (TWA):  a) At the jobsite, on or about September 25, 2013 - The employer did not initially determine if employees were exposed to lead above the action level while removing paint which contained lead from the garage door and back window.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(iii): The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level:  a) At the jobsite, on or about September 25, 2013 - The employer did not collect personal samples representative of a full shift for painters while removing paint, which contained lead, from the garage door and back window.

Issued

2014-01-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

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)  At the jobsite, on or about September 25, 2013 - Until the employer performed an employee exposure assessment, the employer did not provide painters with appropriate respiratory protection.  Painters were scraping and sanding paint which contained lead.

Issued

2014-01-28 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) At the jobsite, on or about September 25, 2013 - The empoyer did not provide respirators to painters scraping and sanding paint which contained lead.

Issued

2014-01-28 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) At the jobsite, on or about September 25, 2013 - The empoyer did not implement a respiratory protection program.  Painters were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

Hazardous substances 1591

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)  At the jobsite, on or about September 25, 2013 - Until the employer performed an employee exposure assessment, the employer did not provide painters with appropriate personal protective equipment.  Painters were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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) At the jobsite, on or about September 25, 2013 - The employer did not provide appropriate personal protective clothing to Painters who were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

Hazardous substances 1591

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)  At the jobsite, on or about September 25, 2013 - Until the employer performed an employee exposure assessment, the employer did not provide painters with change areas.  Painters were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas as an interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), without regard to the use of respirators:  a) At the jobsite, on or about September 25, 2013 - The employer did not provide change areas to Painters who were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

Hazardous substances 1591

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)  At the jobsite, on or about September 25, 2013 - Until the employer performed an employee exposure assessment, the employer did not provide painters with adequate handwashing facilities.  Painters were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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) At the jobsite, on or about September 25, 2013 -  The employer did not provide adequate handwashing facilities for painters who were exposed to lead while scraping and sanding paint containing lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

Hazardous substances 1591

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)  At the jobsite, on or about September 25, 2013 - Until the employer performed an employee exposure assessment, the employer did not provide painters with biological monitoring.  Painters were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(j)(1)(i): The employer did not make available initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level:   a) At the jobsite, on or about September 25, 2013 -  The employer did not provide biological monitoring for painters who were exposed to lead while scraping and sanding paint containing lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

Hazardous substances 1591

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)  At the jobsite, on or about September 25, 2013 - Until the employer performed an employee exposure assessment, the employer did not provide painters with training regarding hazard communication.  Painters were scraping and sanding paint which contained lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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) At the jobsite, on or about September 25, 2013 -  The employer did not ensure that lead hazards were communicated to painters who were exposed to lead while scraping and sanding paint containing lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $2000.00 · Current $1000.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(1): All Class I, II, and III asbestos work was not conducted within regulated areas:  a) At the jobsite, on or about September 25, 2013 - A regulated area was not established where painters were conducting class III work by removing caulking from the back window.  The caulking contained asbestos.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(i): The employer failed to ensure that the exposure assessment was conducted in time to comply with requirements which are triggered by the exposure data or the lack of a negative exposure assessment:  a) At the jobsite, on or about September 25, 2013 - The employer did not conduct an exposure assessment for painters conducting class III work by removing caulking from the back window.  The caulking contained asbestos.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(i): The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of vacuum cleaners equipped with high efficiency particulate air (HEPA) filters to collect all debris and dust containing asbestos containing material and presumed asbestos containing material:  a) At the Jobsite, on or about September 25, 2013 - Painters used drop cloths instead of vacuum cleaners equipped with HEPA filters to collect caulking, which contained asbestos, removed from the back window during class III work.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1)(ii): The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of wet methods or wetting agents to control employee exposures during asbestos handling, mixing, removal, cutting, application and cleanup:  a) At the Jobsite, on or about September 25, 2013 - Painters did not use wet methods while cutting caulking, which contained asbestos, from the back window during class III work.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1)(iv): Respirators were not used during all Class II and III asbestos jobs where the employer had not produced a negative-exposure assessment:  a) At the Jobsite, on or about September 25, 2013 - Painters did not use respirators while cutting caulking, which contained asbestos, from the back window without wet methods during class III work.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:  a) At the Jobsite, on or about September 25, 2013 - Painters were not provided protective clothing while cutting caulking which contained asbestos from the back window during class III work.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(2)(i): The employer did not establish a decontamination room or area for employees and equipment, adjacent to the regulated area, consisting of an impermeable drop cloth on the floor or horizontal working surface, for employees engaged in Class I work involving less than 25 linear or 10 square feet of thermal system insulation or surfacing asbestos containing material and for Class II and Class III asbestos work operations where exposures exceed a permissible exposure limit or where there was not negative exposure assessment produced before the operation:  a) At the Jobsite, on or about September 25, 2013 - There was not a decontamination room or area at the jobsite.  Painters were cutting caulking which contained asbestos from the back window during class III work.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(i): The employer did not institute, at no cost to employees, a training program for each employee who was likely to be exposed in excess of the permissible exposure limit (PEL) and for each employee who performed Class I through IV asbestos operations:  a) At the Jobsite, on or about September 25, 2013 - There was not a training program for painters who were removing caulking which contained asbestos from the back window during class III work.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(1): The employer did not designate a competent person on construction worksites, having the qualifications and authorities for ensuring worker safety and health required by 29 CFR 1926.1101(C), General Safety and Health Provisions for Construction 29 CFR 1926.20 through 29 CFR 1926.32:  a) At the Jobsite, on or about September 25, 2013 - There was not a competent person at the jobsite.   Painters were removing caulking which contained asbestos from the back window during class III work.

Issued

2014-01-28 00:00:00

Abate by

2014-02-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met (Construction Reference: 1926.59):    a) At the jobsite, on or about September 25, 2013 - The employer did not develop, implement, and maintain a written hazard communication program.  Painters use Savogran TSP 620N on the gutters to remove mold and mildew.  Painters were exposed to lead while scraping and sanding paint containing lead.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace (Construction Reference: 1926.59):  a) At the jobsite, on or about September 25, 2013 - The employer did not maintain a copy of the material safety data sheet for Savogran TSP 620N.  Painters use Savogran TSP 620N on the gutters to remove mold and mildew.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0260

General-duty citation text

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: (Construction Reference: 1926.1118)  a) At the jobsite, on or about September 25, 2013 - The employer did not initially determine if employees were exposed to inorganic arsenic while removing paint which contained inorganic arsenic from the back window.

Issued

2014-01-28 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(d)(1)(i): The employer did not establish the applicability of this standard by determining whether cadmium was present in the work place and whether there was the possibility that employee exposure will be at or above the action level prior to performance of any construction work:  a) At the jobsite, on or about September 25, 2013 - The employer did not initially determine if paint being removed by employees contained cadmium and where employees were exposed to cadmium above the action level.  Paint removed from the garage door and back window contained cadmium.