OSHA Inspection: FIRST CAPITAL INSULATION, INCORPORATED

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $70,000 · Current $40,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(5): The employer does not ensure that employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated area:    (a) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 20, 2014 when   the employer did not prohibit employees performing Class I asbestos removal operations from eating, drinking, or smoking in the containment area.      Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

Jun 5, 2015

Penalty

Initial $70,000 · Current $40,000 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 does not 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:    (a) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21, 2014 when the employer did not conduct any monitoring immediately before or during the asbestos removal process.      Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(3)(i): The employer fails to conduct daily monitoring that is representative of the exposure of each employee assigned to work in regulated areas and performing Class I or II work:    (a) First Capital Insulation, Incorporated - 1900 North 2nd Street, Harrisburg, Pa - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21 and 22 , 2014 when the employer did not conduct daily monitoring for the employees conducting Class I asbestos work within the regulated areas.     Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $70,000 · Current $40,000 Reduced

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) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21 and 22, 2014 when the employer did not implement wet methods to control the employee exposure to asbestos.     Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $70,000 · Current $40,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(5): Class I asbestos work is not performed using one or more of the control methods required by 29 CFR 1926.1101(g)(5)(i) through (g)(5)(vi):    (a) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21 and 22, 2014 when the negative pressure enclosure was not properly established because it did not have a three stage decontamination, it was not smoke-tested, and it did not have a manometer. In addition, the glove bags were used as standard garbage bags; they were not wrapped around the pipes prior to removing the asbestos insulation and the asbestos was not wetted until it was in the bag. Consequently, the employer did not use one of the required control methods while performing the Class I asbestos removal work.    Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $70,000 · Current $40,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(2)(i): The employer fails 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) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21, 2014 when the employer allowed employees to use North 7700 negative pressure half-mask filtering facepiece respirators for protection against asbestos without being clean shaven or fit tested to ensure an effective fit.    Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

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) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 20, 2014 when the employer did not implement fit testing for the employees who were required to wear North Model 7700 negative pressure respirators  for protection against asbestos.  Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.134(f)(5): The fit test is not administered using an OSHA-accepted qualitative fit test or quantitative fit test protocol:  (a)  First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21, 2014 when the employer "passed" two employees during the January 2015 fit testing and the employees fit test records indicated that the employees had facial hair during the fit testing procedure.  Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $70,000 · Current $40,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(1)(i): The employer does not establish a decontamination area, consisting of an equipment room, shower area, and clean room in series, adjacent and connected to the regulated area:    (a) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21, 2014 when the employer did not plan for or implement a three stage decontamination adjacent to the regulated area for the Class I asbestos worksite. This was evidenced by the fact that there was no shower or clean room on the site.    Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(1)(ii): The employer, having employees performing Class I asbestos work, does not develop or implement Decontamination Area Entry Procedures which meet the requirements of paragraphs A through D of this section:  (a)  First Capital Insulation, Incorporated - 1900 North 2nd Street, Harrisburg, PA -  One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21, 2014 when the employer did not require employees to remove their street clothes and place them in lockers prior to proceeding into the Dirty Room.  Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(1)(iii): The employer, which employees performing Class I asbestos work, does not develop or implement Decontamination Area Exit Procedures which meet the requirements of paragraphs A through E of this section:  (a)  First Capital Insulation, Incorporated - 1900 North 2nd Street, Harrisburg, PA -  One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21, 2014 when the employees removed their respirators while in the Dirty Room, the employees did not shower before entering the Clean Room, nor did the employees put on their street clothes on in the Clean Room.  Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 20, 2015

Abate by

May 23, 2015

Penalty

Initial $70,000 · Current $35,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(3)(i): On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with 29 CFR 1926.1101(e)(6) does not perform or supervise the following duties, as applicable as specified in 29 CFR 1926.1101(o)(3)(i)(A) through 29 CFR 1926.1101(o)(3)(i)(I):    (a)  First Capital Insulation, Incorporated - 1900 North 2nd Street, Harrisburg, PA -  One instance of the employer's ongoing failure to comply with this standard occurred on or about October 20, 2014 when the Competent Person did not; correctly set up the Regulated Area, establish and implement Entry and Exit Procedures, implement the monitoring program, ensure that the employees wore their Personal Protective Equipment (PPE) while inside the Regulated Area, ensure that employees used the HEPA vacuum cleaner in the Dirty Room or shower, have a manometer to ensure that the engineering controls (Negative Pressure Enclosure) were working properly.     Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.