OSHA Inspection: RHYNE PROPERTY, MANAGEMENT, & CONSTRUCTION, LLC

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $2,800 · Current $1,120 Reduced

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(f)(1)(i): Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed:      At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as but not limited to removal of the vinyl and mastic/glue flooring materials which contain ACM.    The employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 902099339954

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:   At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as but not limited to removal of the flooring materials which contain ACM.  The employer did not ensure an initial exposure assessment was performed in area where the ACM flooring material was disturbed, such as, but not limited to vinyl and mastic/glue flooring materials.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(k)(5)(ii)(B): The tests, evaluation, and sample collection was not conducted by an accredited inspector or by a certified industrial hygienist:   At this establishment, on or about April 06 2015, and time prior thereto, the owner collected the bulk samples of Presumed Asbestos Containing Materials (PASM) such as floor tiles/mastic and submitted to Chemtex LAB (Corpus Christi), after the OSHA CSHO collected the PASM of the vinyl and mastic/glue flooring materials. The owner, Mr. James Rhyne at the time of collecting the samples was not a competent person such as, but not limited to, accredited Asbestos inspector or a certified industrial hygienist.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $2,800 · Current $1,120 Reduced

Hazardous substances 902099339954

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:      At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as, but not limited to, removal of the flooring materials which contain ACM.    The employer did not ensure the employees used wet methods and amended water in the course of removal, clean-up and disposal of the ACM flooring materials, such as, but not limited to, vinyl and mastic/glue flooring materials.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(g)(7)(ii): For all indoor Class II jobs, where the employer has not produced a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, or where during the job, changed conditions indicate there may be exposure above the PEL or where the employer does not remove the ACM in a substantially intact state, the employer shall use one of the following methods to ensure that airborne asbestos does not migrate from the regulated area:   At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as but not limited to removal of the vinyl and mastic/glue flooring materials which contain ACM.  The employer did not ensure that airborne asbestos does not migrate from the regulated area where the ACM flooring material was disturbed, such as, but not limited to vinyl and mastic/glue flooring materials.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $2,800 · Current $0 Reduced

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(g)(1)(iii): The employer did not use work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of prompt clean-up and disposal of wastes and debris contaminated with asbestos, in leak-tight containers:      At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as but not limited to removal of the vinyl and mastic/glue flooring materials which contain ACM.    The employer did not ensure asbestos-containing material such as, but not limited to, vinyl and mastic/glue flooring materials were cleaned off the ground in appropriate leak-tight containers.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(B): Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool were not used to clean floors:   At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as but not limited to removal of the flooring materials which contain ACM.  The employer did not ensure the using of Vacuums equipped with HEPA filter, disposable dust bag, and metal floor tool in the area where the ACM flooring material was disturbed, such as, but not limited to vinyl and mastic/glue flooring materials.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $2,800 · Current $1,120 Reduced

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(g)(2)(ii): The employer did not utilize enclosures or isolation of processes producing asbestos dust, to achieve compliance with the eight hour time weighted average permissible exposure limit and/or excursion limit:      At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as, but not limited to, removal of the flooring materials which contain ACM.    The employer did not ensure the employees used enclosures or isolation of processes producing asbestos dust, to achieve compliance with the eight hour time weighted average permissible exposure limit and/or excursion limit, in the course of removal, clean-up and disposal of the ACM flooring materials, such as, but not limited to, vinyl and mastic/glue flooring materials.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 902099339954

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:   At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as, but not limited to, removal of the flooring materials which contain ACM.  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 the course of removal, clean-up and disposal of the ACM flooring materials, such as, but not limited to, vinyl and mastic/glue flooring materials.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $2,800 · Current $0 Reduced

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(k)(8)(i): Labels were not affixed to all products containing asbestos and to all containers containing such products, including waste containers:      At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as but not limited to removal of the flooring materials which contain ACM.    The employer did not ensure that the labels were affixed to all products containing asbestos and to all containers containing such products, including waste containers.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 902099339954

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:   At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as but not limited to removal of the flooring materials which contain ACM.  The employer did not ensure that Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal was collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers.

Issued

Aug 27, 2015

Abate by

Sep 23, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 902099339954

General-duty citation text

29 CFR 1926.1101(k)(1)(ii): The employer did not include asbestos in the program established to comply with the Hazard Communication Standard (HCS) (� 1910.1200, did not ensure that each employee had access to labels on containers of asbestos and safety data sheets, did not ensure hazard communication training on asbestos in accordance with the provisions of the Hazard Communication Standard 29 CFR 1910.1200 as well as paragraphs (k)(9) and (10) of this section. The employer did not provide information on at least the following hazards: Cancer and lung effects.    At this establishment, on or about April 02, 2015, and time prior thereto, employees were involved in demolition and renovation activities, such as, but not limited to, removal of the flooring materials which contain ACM.  The employer did not ensure that each employee had access to labels on containers of asbestos and safety data sheets, did not ensure hazard communication training on asbestos in accordance with the provisions of the Hazard Communication Standard 29 CFR 1910.1200 as well as paragraphs (k)(9) and (10) of this section. The employer did not provide information on at least the following hazards: Cancer and lung effects.