OSHA Inspection: SCHURMAN CONSTRUCTION, LLC

Issued

Feb 8, 2016

Abate by

Mar 25, 2016

Penalty

Initial $2,800 · Current $2,800

Hazardous substances 90209954

General-duty citation text

29 CFR 1910.134(a)(2): The employer did not establish and maintain a respiratory protection program which included the requirements outlined in 29 CFR 1910.134(c): (Construction Reference 1926.103)  On or about September 11, 2015, the employer required employees to wear 3M 6300 half face respirators while they were removing asbestos containing roofing material, but the employer did not establish a respiratory protection program for employees which contained the following:   (a)  Procedures for selecting respirators for use in the workplace;  (b)  Medical evaluations of employees required to use respirators;  (c)  Fit testing procedures for tight-fitting respirators;  (d)  Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;  (e)  Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;  (f)  Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;  (g) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;  (h)  Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance;  (i) Procedures for regularly evaluating the effectiveness of the program.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Feb 8, 2016

Abate by

Mar 25, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 90209954

General-duty citation text

29 CFR 1926.1101(h)(2)(i): The employer failed 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)  On or about September 11, 2015, the employer required employees to wear 3M 6300 half face respirators while they were removing asbestos containing roofing material, but the employer did not implement a respiratory protection program for these employees as required by the OSHA respiratory protection standard, 29 CFR 1910.134.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Feb 8, 2016

Abate by

Mar 25, 2016

Penalty

Initial $2,800 · Current $2,800

Hazardous substances 90209954

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:  (a)  On or about September 11, 2015, the employer did not monitor to determine employee exposure when those employees were removing asbestos containing roofing material from a house located at 271 Broadway, Lynchburg, OH.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Feb 8, 2016

Abate by

Mar 25, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 90209954

General-duty citation text

29 CFR 1926.1101(g)(7)(i): All Class II work was not supervised by a competent person as defined in 29 CFR 1926.1101(b):  (a)  On or about September 11, 2015, the employer did not ensure that a competent person supervised the work when employees were removing asbestos containing roofing material from a house located at 271 Broadway, Lynchburg, OH.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Feb 8, 2016

Abate by

Mar 25, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 90209954

General-duty citation text

29 CFR 1926.1101(g)(8)(ii):  For removing roofing material which contains ACM the employer shall ensure that the following work practices are followed:  On or about September 11, 2015, the employer did not ensure that employees followed appropriate work practices when those employees were removing asbestos containing roofing material from a house located at 271 Broadway, Lynchburg, OH.  (a)  Roofing material was not removed in an intact state to the extent feasible.   (b)  Wet methods were not used to remove roofing materials that are not intact, or that will be rendered not intact during removal, unless such wet methods are not feasible or will create safety hazards.   (c)  Cutting machines were not continuously misted during use, unless a competent person determines that misting substantially decreases worker safety.   (d)  When removing built-up roofs with asbestos-containing roofing felts and an aggregate surface using a power roof cutter, all dust resulting from the cutting operation was not collected by a HEPA dust collector, or was not HEPA vacuumed by vacuuming along the cut line.   (e)  When removing built-up roofs with asbestos-containing roofing felts and a smooth surface using a power roof cutter, the dust resulting from the cutting operation was not collected either by a HEPA dust collector or HEPA vacuuming along the cut line, or by gently sweeping and then carefully and completely wiping up the still-wet dust and debris left along the cut line.   (f)  Asbestos-containing material that has been removed from a roof was not carried or passed to the ground by hand or lowered to the ground via covered, dust-tight chute, crane or hoist:   (g)  Any ACM that is not intact was not lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift. While the material remains on the roof it was not either be kept wet, placed in an impermeable waste bag, or wrapped in plastic sheeting.   (h)  Intact ACM was not lowered to the ground as soon as is practicable, but in any event no later than the end of the work shift.   (i)  Upon being lowered, unwrapped material was not transferred to a closed receptacle in such manner so as to preclude the dispersion of dust.   (j)  Roof level heating and ventilation air intake sources were not isolated or the ventilation system was not shut down.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Feb 8, 2016

Abate by

Mar 25, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 90209954

General-duty citation text

29 CFR 1926.1101(k)(9)(i): The employer did not, at no cost to the employee(s), institute a training program for all employees who are likely to be exposed in excess of a PEL and for all employees who perform Class I through Class IV asbestos operations, and did not ensure employee participation in the program.  (a)  On or about September 11, 2015, the employer did not provide appropriate training for employees who were performing Class II asbestos removal on the roof of a house located at 271 Broadway, Lynchburg, OH.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Feb 8, 2016

Abate by

Mar 25, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 90209954

General-duty citation text

29 CFR 1926.1101(k)(9)(iv)(A):  Employees performing Class II work were not trained in all the elements included in 29 CFR 1926.1101(k)(9)(viii) and the specific work practices and engineering controls set forth in 29 CFR 1926.1101(g):  (a)  On or about September 11, 2015, the employer did not provide the required training for employees who were performing Class II asbestos removal on the roof of a house located at 271 Broadway, Lynchburg, OH.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.