OSHA Inspection: STRUCTURE DEVELOPMENT MIDWEST, L.L.C.

Issued

Sep 4, 2014

Abate by

Sep 10, 2014

Penalty

Initial $2,800 · Current $7,000

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(3): In addition, all employers of employees exposed to asbestos hazards shall comply with applicable protective provisions to protect their employees. For example, if employees working immediately adjacent to a Class I asbestos job are exposed to asbestos due to the inadequate containment of such job, their employer shall either remove the employees from the area until the enclosure breach is repaired; or perform an initial exposure assessment pursuant to (f) of this section.     a.  On or about March 25, 2014, at the above addressed jobsite, employees were exposed to thermal system insulation containing 10-70% chrysotile asbestos and/or PACM during construction activities.  The employer failed to protect employees from exposure including, but not limited to when regulated areas were not established, exposure assessments had not been completed, access was not limited and ACM and/or PACM waste was not contained in sealed, labeled bags and disposed of properly.

Issued

Sep 4, 2014

Abate by

Sep 10, 2014

Penalty

Initial $2,800 · Current $7,000

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(5): All general contractors on a construction project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos "competent person" as defined by paragraph (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary.     a.  On or about March 25, 2014, at the above addressed jobsite, employees and subcontractor employees were exposed to thermal system insulation containing 10-70% chrysotile asbestos and/or PACM during construction activities.  The employer as general contractor did not ascertain whether the asbestos work conducted was in compliance with the standard and make changes to ensure employees were adequately protected from asbestos exposure.

Issued

Sep 4, 2014

Abate by

Sep 10, 2014

Penalty

Initial $2,800 · Current $7,000

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(2): Demarcation. The regulated area shall be demarcated in any manner that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne asbestos. Where critical barriers or negative pressure enclosures are used, they may demarcate the regulated area. Signs shall be provided and displayed pursuant to the requirements of paragraph (k)(7) of this section.     a.  On or about March 25, 2014, at the above addressed jobsite, employees and subcontractor employees were exposed to thermal system insulation containing 10-70% chrysotile asbestos and/or PACM during construction activities.  The employer failed to protect employees from exposure to ACM and/or PACM when regulated area(s) were not established nor demarked to notify of health hazard and contain and protect employee(s) from exposure.

Issued

Sep 4, 2014

Abate by

Sep 10, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(e)(3): Access. Access to regulated areas shall be limited to authorized persons and to persons authorized by the Act or regulations issued pursuant thereto.    a.  On or about March 25, 2014, at the above addressed jobsite, employees and subcontractor employees were exposed to thermal system insulation containing 10-70% chrysotile asbestos and/or PACM during construction activities.  The employer failed to protect employees from exposure to ACM and/or PACM when access to area(s) which had ACM and/or PACM debris and waste was not limited.

Issued

Sep 4, 2014

Abate by

Sep 10, 2014

Penalty

Initial $2,800 · Current $7,000

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(i): Each employer who has a workplace or work operation covered by this standard shall ensure that a "competent person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.     a.  On or about March 25, 2014, at the above addressed jobsite, employees and subcontractor employees were exposed to thermal system insulation containing 10-70% chrysotile asbestos and/or PACM during construction activities.  The employer failed to ensure that a competent person conducted an exposure assessment to determine employee exposure to asbestos.

Issued

Sep 4, 2014

Abate by

Sep 10, 2014

Penalty

Initial $28,000 · Current $7,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(2): Waste disposal. Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations where the procedures specified in paragraph (g)(8)(ii) of this section apply.    a.  On or about March 25, 2014, at the above addressed jobsite, employees and subcontractor employees were exposed to thermal system insulation containing 10-70% chrysotile asbestos and/or PACM during construction activities.  The employer failed to collect, dispose of in sealed, labeled, impermeable bags the removed thermal system insulation and other ACM and/or PACM.

Issued

Sep 4, 2014

Abate by

Sep 10, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(4)(ii): Waste and debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/PACM or visibly deteriorated ACM shall be promptly cleaned up and disposed of in leak tight containers.    a.  On or about March 25, 2014, at the above addressed jobsite, employees and subcontractor employees were exposed to thermal system insulation containing 10-70% chrysotile asbestos and/or PACM during construction activities.  The employer failed to collect, clean up, dispose of in sealed, labeled, impermeable bags the removed thermal system insulation, visibly damaged thermal insulation and other ACM and/or PACM debris.