OSHA Inspection: MIDWAY RESTORATION, INC.

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $1,600 · Current $800 Reduced

Hazardous substances 026015919010

General-duty citation text

29 CFR 1926.103: 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) On July 22, 2015, Midway Restoration, Inc. did not provide medical evaluations to employees required to wear 3M 8110S N95 respirators when performing demolition activities.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 026090109020

General-duty citation text

29 CFR 1926.103: 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) On July 22, 2015, Midway Restoration, Inc. did not provide fit tests to employees required to wear 3M 8110S N95 respirators when performing demolition activities.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 026015919010

General-duty citation text

29 CFR 1926.103: 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) On July 22, 2015, Midway Restoration, Inc. did not ensure that each employee required to wear 3M 8110S N95 respirators when performing demolition activities were trained on the use and care of the respirator.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $1,600 · Current $800 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: 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(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a) Midway Restoration, Inc., the employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:    1) Requirement for labeling of containers of hazardous chemicals;  2) Material safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.    Employees who performed demolition activities were exposed to hazardous chemicals, including, but not limited to crystalline silica.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $1,600 · Current $800 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.59: 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)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    (a) On July 22, 2015, Midway Restoration, Inc. did not provide employees who performed demolition activities with training on the hazardous chemicals in their work area at the time of their initial assignment.  Employees were exposed to crystalline silica in their workplace.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(2): The employer did not ensure that each employee was trained in the elements listed in paragraphs (i) through (viii) of this section:  (a) On July 22, 2015, Midway Restoration, Inc. did not ensure that employees who performed demolition activities were trained on the health hazards of lead in the workplace.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1926.1118: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1018 of this chapter.  29 CFR 1910.1018(o)(1)(i): A training program was not instituted for each employee who is subject to inorganic arsenic exposure above the action level, without regard to respirator use, or for whom there is a possibility of skin or eye irritation from inorganic arsenic:   (a) On July 22, 2015, Midway Restoration, Inc. did not ensure that employees who performed demolition activities were trained on the health hazards of arsenic in the workplace.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $1,600 · Current $800 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 calculated as an 8-hour time-weighted average (TWA):    (a) On July 22, 2015, Midway Restoration, Inc. did not initially determine employee exposure to lead in the workplace.  An exposure assessment was not performed to ensure that employee(s) who performed demolition activities were not exposed to lead at or above the action level of 30 micrograms per cubic meter of air.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $1,600 · Current $800 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) On July 22, 2015, Midway Restoration, Inc. did not ensure that employees performing demolition activities involving lead used appropriate respiratory protection during their work shift.  Employees wore 3M 8110S N95 respirators, which are not appropriate for use when working with lead.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(iv): Appropriate respirators were not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):  (a) On July 22, 2015, Midway Restoration, Inc. did not select and provide appropriate respiratory protection to employees who performed demolition activities that involved lead.  Employees were provided 3M 8110S N95 respirators which are not appropriate for use when working with lead.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $1,600 · Current $800 Reduced

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) On July 22, 2015, Midway Restoration, Inc. did not provide appropriate personal protective equipment for employees who performed demolition activities that involved lead prior to performing an employee exposure assessment.  Protective clothing was to be provided to ensure that contamination of the employee and the employees' garments did not occur.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1): Where employees were exposed to lead above the permissible exposure limit, without regard to the use of respirators; where employees were exposed to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide); and as interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), the employer did not ensure that each employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments:  (a) On July 22, 2015, Midway Restoration, Inc. did not ensure that employees who performed demolition activities that involved lead wore appropriate protective work clothing and equipment to ensure that contamination of the employee and the employees' garments did not occur.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $1,600 · Current $800 Reduced

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) On July 22, 2015, Midway Restoration, Inc. did not provide clean change areas for employees who performed demolition activities that involved lead before an employee exposure assessment was performed.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 12, 2015

Abate by

Dec 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas as an interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), without regard to the use of respirators:  (a) On July 22, 2015, Midway Restoration, Inc. did not provide clean change areas for employees who performed demolition activities that involved lead.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).