OSHA Inspection: A-APACHE ANIMAL AND PEST CONTROL

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $2,000 · Current $1,000 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) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room to remove insulation, ceiling tile, and other material because birds had entered this room and began to nest.  They performed Class II asbestos work involving the dry removal of ceiling tile containing 1.3% Chrysotile Asbestos.  The employer did not conduct Class II asbestos work within a regulated area.  Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $0 · Current $0

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) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room to remove insulation, ceiling tile, and other material because birds had entered this room and began to nest.  They performed Class II asbestos work involving the dry removal of ceiling tile which contained 1.3% Chrysotile Asbestos.  The employer failed to establish a decontamination room for employees engaged in Class II asbestos work.    Violation occurred on or about December 3, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(7)(i): Warning signs that demarcated the regulated area were not provided and displayed at such a distance from regulated areas that an employee may read the signs an take necessary protective steps before entering the area marked by the signs:   a) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room  to remove insulation, ceiling tile, and other material because birds had entered this entered and began to nest.  They performed Class II asbestos work involving the dry removal of ceiling tile which contained 1.3% Chrysotile Asbestos.   This employer did not post warning signs demarcating regulated areas.  Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $2,000 · Current $1,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(i): The employer with a work operation covered by the asbestos standard did not ensure that a "competent person" conducted an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace:  a) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room to remove insulation, ceiling tile, and other material because birds had entered this room and began to nest.  The ceiling tile was found to contain 1.3% chrysotile asbestos.  The employer failed to conduct an initial exposure assessment to predict exposure and evaluate potential controls.    Violation occurred on or about December 2, 2013  Abatement Note:  An effective exposure assessment includes:    -Past and current air monitoring; -A review of relevant controls, conditions and factors influencing the degree of exposure such as but not limited to quality of supervision, employee training, techniques used for wetting asbestos containing material (ACM) and placing/repositioning ventilation equipment.

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $2,000 · Current $1,000 Reduced

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) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the  2nd floor West room to remove insulation, cieling tile, and other materials because birds had entered this room and began to nest.  They performed Class II asbestos work involving the dry removal of ceiling tile containing 1.3% Chrysotile Asbestos.   The employer did not use vacuums equipped with high efficiency particulate air (HEPA) filters to collect all debris and dust containing asbestos.  Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $0 · Current $0

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) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room to remove insulation, ceiling tile, and other material because birds had entered this room and began to nest.  The ceiling tile was found to contain 1.3% chrysotile asbestos.  The employer did not use wet methods or wetting agents to control employee exposures during asbestos removal, handling, and cleanup.   Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(2): Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal was not collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers:  a) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room to remove insulation, cieling tile, and other materials because birds had entered this room and began to nest.  They permed Class II asbestos work involving the dry removal of ceiling tile containing 1.3% Chrysotile Asbestos which was placed in unlabeled plastic bags and disposed of in an outside dumpster which was also unlabeled.   Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $2,000 · Current $1,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(2)(i): The employer failed to 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 1926.1101 to use a respirator:  a) Workplace, 260 Route 10, Succasunna, NJ  The employer failed to develop and implement a written respiratory protection program for workers required to use full face negative pressure respirators while removing bird nests, insulation and ceiling tile from the second floor West room.  A bulk sample of ceiling tile was found to contain 1.3% Chrysotile asbestos.    Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:  a) Workplace, 260 Route 10, Succasunna, NJ  The employer failed to develop and implement a written respiratory protection program for workers required to use full face negative pressure respirators while removing bird nests, insulation and ceiling tile from the second floor West room.  A bulk sample of ceiling tile was found to contain 1.3% Chrysotile Asbestos.    Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 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 employees' ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:   a) Workplace, 260 Route 10, Succasunna, NJ  The employer failed to medically evaluate workers required to use full face negative pressure respirators while removing bird nests, insulation and ceiling tile from the second floor West room.  A bulk sample of ceiling tile was found to contain 1.3% Chrysotile Asbestos.     Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1):  The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QFNT) :  a) Workplace, 260 Route 10, Succasunna, NJ  The employer failed to fit test workers required to use full face negative pressure respirators while removing bird nests, insulation and ceiling tile from the second floor West room.  A bulk sample of ceiling tile was found to contain 1.3% Chrysotile Asbestos.      Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $2,000 · Current $1,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(i):  Before the employer permitted its own employees to perform work subject to this standard in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):     a) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room to remove insulation, ceiling tile, and other material because birds had entered this room and began to nest.  They performed Class II asbestos work involving the dry removal of ceiling tile containing 1.3% Chrysotile Asbestos.  The employer failed to identify the presence, location and quantity of asbestos prior to performing work operations.    Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(ii)(B): The employer did not inform employees who performed work under 29 CFR 1926.1101 of the location and quantity of asbestos containing material and/or presumed asbestos containing material present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area:   a) Workplace, 260 Route 10, Succasunna, NJ   Employees entered the 2nd floor West room to remove insulation, ceiling tile, and other material because birds had entered this room and began to nest.  Ceiling tile was later found to contain 1.3% Chrysotile Asbestos.   The employer failed to notify their employees that the ceiling tile contained asbestos, nor inform them of precautions to take to minimize airborne release of asbestos.  Violation occurred on or about December 2, 2013

Issued

Jan 31, 2014

Abate by

Feb 27, 2014

Penalty

Initial $2,000 · Current $1,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(iv)(A): Employees performing Class II work were not trained in all the elements included in 29 CFR 1926.1101(k)(9)(viii) and the specific work practices and engineering controls set forth in 29 CFR 1926.1101(g):   a) Workplace, 260 Route 10, Succasunna, NJ  Employees entered the 2nd floor West room to remove insulation, ceiling tile, and other material because birds had entered this room and began to nest.  They performed Class II asbestos work involving the removal of ceiling tile which contained 1.3% Chrysotile Asbestos.  Workers performing the operation received no training on OSHA asbestos standard requirements.    Violation occurred  on or aboutDecember 2, 2013  Abatement note:  The training program shall include elements required by 29 CFR 1926.1101(k)(9)(viii)(A) through 1926.1101(k)(9)(viii)(J).