OSHA Inspection: LORLEBERG, INC.

Issued

2014-06-20 00:00:00

Penalty

Initial $3500.00 · Current $2450.00 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) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles (which dated from approximately 1970) and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. There was no "competent person" provided for this job.  As defined by this standard, a competent person is one who is capable of identifying existing asbestos hazards in the workplace and selecting appropriate control strategies for asbestos exposure hazards, and who has the authority to eliminate those hazards.   (b) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. This flooring material dated from approximately 1970.  The work was accomplished by means of a power floor stripper, a floor sander, and dry sweeping. However, no exposure assessment was performed either before or at the start of the job to determine the expected asbestos exposures for workers performing these tasks.

Issued

2014-06-20 00:00:00

Penalty

Initial $3500.00 · Current $2450.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i): For jobs removing vinyl and asphalt flooring materials which contain asbestos of for which buildings constructed no later than 1980, where the employer did not verify the absence of asbestos containing material pursuant to 29 CFR 1926.1101(g)(8)(i)(I), the employer did not ensure that employees complied with work practices described in 29 CFR 1926.1101(g)(8)(i)(A) through (g)(8)(i)(I) and that employees were trained in these practices pursuant to 29 CFR 1926.1101(k)(9):    (a) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. This flooring material dated from approximately 1970.  Work practices and precautions outlined in this regulation, such intact removal and/or use of wet methods, were not followed; the workers performing this job had not been trained on these work practices.  Instead, the work was accomplished using methods specifically prohibited by this regulation: a power floor stripper was used to mechanically chip up the flooring, a floor sander was used to remove residual mastic, and clean up of debris was accomplished by dry sweeping.

Issued

2014-06-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(F): Mechanical chipping was performed without a negative pressure enclosure that met the requirements of 29 CFR 1926.1101(g)(5)(i):  (a) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. This flooring material dated from approximately 1970.   The work was accomplished using methods specifically prohibited by this regulation, including use of a power floor stripper to mechanically chip up the flooring.  No negative pressure enclosure was used in association with the mechanical chipping of the flooring.  This work practice potentially exposed workers to the hazard of airborne asbestos fibers.

Issued

2014-06-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(A): Floor or its backing were sanded:   (a) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. This flooring material dated from approximately 1970.  The work was accomplished, in part, by means of a floor sander, which was used to remove residual mastic.  This activity potentially exposed workers to the hazards of airborne asbestos fibers.

Issued

2014-06-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(E): Dry sweeping was not prohibited:   (a) During the floor tile and mastic removal job that performed by store workers from approximately the last week of December, 2013, until February 4, 2014, dry sweeping was performed to clean up the resulting debris. This activity potentially exposed workers to the hazards of airborne asbestos fibers.

Issued

2014-06-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(iv)(A): For work with asbestos containing roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training did not include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically related to that category:  (a) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. This flooring material dated from approximately 1970.  The store workers performing this task had not been provided training regarding the health hazards of asbestos and on the work practices as specified by this standard.

Issued

2014-06-20 00:00:00

Penalty

Initial $3500.00 · Current $2450.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(2)(i): Before work subject to this standard began, the building and/or facility owner(s) did not determine the presence, location and quantity of asbestos containing material (ACM) and/or presumed asbestos containing material (PACM) at the worksite pursuant to 29 CFR 1926.1101(k)(1):    (a) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. This flooring material dated from approximately 1970.  The work was accomplished by means of a power floor stripper, a floor sander, and dry sweeping. However, prior to commencement of this project, the employer did not presume that the flooring material contained asbestos, and did not otherwise test the flooring material to determine whether or not it contained asbestos.

Issued

2014-06-20 00:00:00

Abate by

2014-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(ii): Before work under this standard was performed, the employer did not inform employees of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area.    (a) On or around the 4th week of December, 2013, the employer, who was also the facility owner, directed store workers to begin removal of floor tiles and their adhesive backing (mastic) in the back (north) half of the store.  The job continued, off and on, until approximately February 4, 2014. This flooring material dated from approximately 1970.  The work was accomplished by means of a power floor stripper, a floor sander, and dry sweeping. However, prior to commencement of this project, the employer did not inform affected store workers regarding the location and quantity of ACM and/or PACM present in the store area and the precautions to be followed with regard to airborne asbestos.