OSHA Inspection: DEKALB MECHANICAL INC.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $3,080 · Current $0 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 (30 ug/m3) calculated as an 8-hour time-weighted average (TWA):  a) In the period between 23 of June and 9 July 2014, the employer conducted demolition work in the school building cutting openings in walls covered with lead based paint (up to 0.26% lead) for the installation of new HVAC ductwork and pipes.  The employer did not perform an initial determination to assess whether employees may be exposed to Lead at or above the action level.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $0 · Current $0

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) In the period between 23 of June and 9 July 2014, the employer conducted demolition work in the school building cutting openings in walls covered with lead based paint (up to 0.26% lead) for the installation of new HVAC ductwork and pipes.  The employer did not collect full shift samples for each job classification in each work area to determine whether employees may be exposed to Lead.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $3,080 · Current $0 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) In the period between 23 of June and 9 July 2014, the employer did not provide, as interim protection, appropriate respiratory protection to employees cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) until an exposure assessment determined the actual employee exposure.  The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level.  Employees were provided and used 3M Model 8210 negative pressure filtering facepiece N-95 respirators that the manufacturer did not approve for protection against lead.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $0 · Current $0

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) In the period between 23 of June and 9 July 2014, the employer did not provide, as interim protection, appropriate personal protective clothing (such as but not limited to coveralls and shoe covers) to employees cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) until an exposure assessment determined the actual employee exposure.  The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $0 · Current $0

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) In the period between 23 of June and 9 July 2014, the employer did not provide, as interim protection, change areas for employees cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) until an exposure assessment determined the actual employee exposure.  The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $0 · Current $0

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) In the period between 23 of June and 9 July 2014, the employer did not institute, as interim protection, a medical surveillance program for employees cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) until an exposure assessment determined the actual employee exposure.  The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $0 · Current $0

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) In the period between 23 of June and 9 July 2014, the employer did not train regarding lead, as interim protection, employees cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) until an exposure assessment determined the actual employee exposure. Employees were not trained in the health hazards of lead including reproductive, developmental, nervous system, renal, hematopoietic and acute toxicity effects.

Issued

Dec 18, 2014

Abate by

Jan 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1926.59: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1200 of this chapter.    29 CFR 1910.1200(h)(3)(iii): Employee training did not include the measures employees can take to protect themselves from chemical hazards, including specific procedures the employer had implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures and personal protective equipment to be used:  a) In the period between 23 of June and 9 July 2014, the employer conducted demolition work in the school did not provide effective information and training on the measures that employees could take to protect themselves when cutting wall openings for new ductwork.   Employees dry-cut through walls made of bricks and/or concrete-blocks with a 4 inch handheld grinder without any dust control methods and were exposed to particulate matter containing up to 20% crystalline silica.

Issued

Dec 18, 2014

Abate by

Jan 15, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591S103

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  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) In the period between 23 of June and 9 July 2014, the employer provided and required employees to wear respiratory protection while cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) and containing up to 20% crystalline silica. Employees were provided and used 3M Model 8210 negative pressure filtering facepiece N-95 respirators. 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.

Issued

Dec 18, 2014

Abate by

Jan 15, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591S103

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator  a) In the period between 23 of June and 9 July 2014, the employer provided and required employees to wear respiratory protection while cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) and containing up to 20% crystalline silica. Employees were provided and used 3M Model 8210 negative pressure filtering facepiece N-95 respirators.  The employer did not ensure that employees using a tight-fitting facepiece respirator were fit-tested either qualitatively (QLFT) or quantitatively (QNFT) prior to the initial use of the respirator.

Issued

Dec 18, 2014

Abate by

Jan 15, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591S103

General-duty citation text

29 CFR 1926.103: NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.134 of this chapter.  29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):  a) In the period between 23 of June and 9 July 2014, the employer provided and required employees to wear respiratory protection while cutting HVAC ductwork openings in walls covered with lead based paint (up to 0.26% lead) and containing up to 20% crystalline silica. Employees were provided and used 3M Model 8210 negative pressure filtering facepiece N-95 respirators and were not provided with respirator training.