OSHA Inspection: ALLEGHENY RESTORATION & BUILDERS, INC.

Issued

Nov 24, 2015

Abate by

Apr 8, 2016

Penalty

Initial $3,500 · Current $2,100 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(c)(1): The employer did not ensure that no employee(s) was exposed to an airborne concentration of methylene chloride in excess of twenty-five parts per million as an 8-hour TWA:    (a)  Paint Stripping Area:  An employee was exposed to methylene chloride while conducting paint stripping operations at an 8-hour Time Weighted Average of 109.2 parts per million (PPM) on October 19, 2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Abate by

Apr 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(c)(2): The employer did not ensure that no employee was exposed to an airborne concentration of methylene chloride in excess of 125 parts per million as determined over a sampling period of 15 minutes:    (a)  Paint Stripping Area:  An employee was exposed to methylene chloride while conducting paint stripping operations at a 15-minute Time Weighted Average of 285 parts per million (PPM) on October 19, 2015.    (b)  Paint Stripping Area:  An employee was exposed to methylene chloride while conducting paint stripping operations at a 15-minute Time Weighted Average of 433 parts per million (PPM) on October 19, 2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Abate by

Apr 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(f)(1): The employer did not institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the permissible exposure limits:  (a)  Paint Stripping Area:  Effective engineering controls were not instituted to reduce exposures to methylene chloride below the 8-hour permissible exposure limit (PEL) of 25 parts per million (PPM) in that an employee was exposed to at an 8-hour Time Weighted Average of 109.2 PPM on October 19, 2015.  (b)  Paint Stripping Area:  Effective engineering controls were not instituted to reduce exposures to methylene chloride below the 15-minute short term exposure limit (STEL) of 125 parts per million (PPM) in that an employee was exposed to a 15-minute Time Weighted Average of 285 PPM on October 19, 2015.  (c)  Paint Stripping Area:  Effective engineering controls were not instituted to reduce exposures to methylene chloride below the 15-minute short term exposure limit (STEL) of 125 parts per million (PPM) in that an employee was exposed to a 15-minute Time Weighted Average of 433 PPM on October 19, 2015.  ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Abate by

Dec 14, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(k)(1)(ii): The employer did not ensure that each employee could demonstrate knowledge of the limitations and capabilities of the respirator:   (a) Beckley, WV Shop: The employer did not ensure that an employee conducting paint stripping operations could demonstrate knowledge of the limitations and capabilities of the NOVA-2000 supplied air respirator and a 3M half mask air purifying respirator such as, but not limited to, knowing that air purifying respirators cannot be used to protect against methylene chloride exposure as determined on September 24, 2015.  ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Abate by

Apr 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of methylene chloride exceeded or could reasonably be expected to exceed either the 8-hour Time Weighted Average Permissible Exposure Limit or the Short Term Exposure Limit:    (a) Beckley, WV Shop: The employer did not establish a regulated area for methylene chloride in all areas where the potential existed for exposure above the PEL or STEL in that the paint scraping area immediately outside the enclosure, which showed high levels of methylene chloride, was not included as a regulated area as determined on October 19, 2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Penalty

Initial $4,900 · Current $2,940 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(1)(ii)(B): The employer did not determine each employee's Short Term Exposure Limit (STEL) by taking one or more personal breathing zone air samples which indicated the highest likely 15-minute exposures during such operations for at least one employee in each job classification in the work area during every work shift, and the employee sampled is expected to have the highest MC exposure:    (a) Beckley, WV Shop:  Personal air sampling for the Short Term Exposure Limit (STEL) for methylene chloride conducted by an outside consultant for the employer was not conducted at the time of the highest likely exposure in that the 15 minute STEL was performed during the beginning of the daily paint stripping operation as determined on October 2, 2015.

Issued

Nov 24, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(1)(iii): The employer did not ensure that methods used to perform exposure monitoring produced results that were accurate to a confidence level of 95 percent:  (a) Personal air sampling conducted by an outside consultant for the employer was not performed using a standard method for methylene chloride that produced accurate results.  The sampling volume collected to determine the Permissible Exposure Limit (PEL) was greater than three times the recommended amount for the sampling media which can overload the sampling media and produce lower results as determined on October 2, 2015.  (b) Personal air sampling conducted by an outside consultant for the employer was not performed using a standard method for methylene chloride that produced accurate results.  The sampling flow rate to determine the Short Term Exposure Limit (STEL) was twice the recommended amount for the sampling media which overloaded the sampling media according to the analytical lab and produced lower results as determined on October 2, 2015.

Issued

Nov 24, 2015

Abate by

Dec 7, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(5)(i): The employer did not notify each affected employee of monitoring results in writing within 15 working days after receipt of monitoring results performed under 29 CFR 1910.1052, either individually or by posting the results in an appropriate location that is accessible to affected employees:  (a)  Beckley, WV Shop:  The employer did not notify each affected employee of the monitoring results for methylene chloride exposure in writing within 15 working days after receipt of the monitoring results on September 15, 2015 as determined on October 19, 2015.  ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Penalty

Initial $3,500 · Current $2,100 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(h)(1): Where needed to prevent methylene chloride induced skin or eye irritation, the employer did not provide clean protective clothing and equipment resistant to methylene chloride, at no cost to the employee, and/or did not ensure that each affected employee used it:    (a) The employer did not provide protective clothing resistant to methylene chloride for employees dipping window frames into a dip tank containing a methylene chloride solution as determined on September 24, 2015.

Issued

Nov 24, 2015

Abate by

Dec 7, 2015

Penalty

Initial $4,900 · Current $2,940 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(j)(4)(i): The employer did not make medical surveillance available to each affected employee before the time of initial assignment:    (a) The employer did not provide medical surveillance prior to initial assignment for affected employees who are exposed to methylene chloride over the Permissible Exposure Limit (PEL) and the Short Term Exposure Limit (STEL) for ten or more days per year as determined on September 24, 2015.    ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 24, 2015

Abate by

Dec 14, 2015

Penalty

Initial $3,500 · Current $2,100 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(l)(3)(i): The employer did not inform each affected employee of the requirements of 29 CFR 1910.1052 and the information available in its appendices and how to access or obtain a copy of it in the workplace:    (a) Beckley, WV Shop:  An employee that works with 1826 Flo-Strip Chlorinated Paint and Varnish Stripper that contains 75-80% methylene chloride (dichloromethane) was not informed of the requirements of the methylene chloride regulation and its appendixes as determined on September 24, 2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Abate by

Dec 7, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1200(h)(3)(iv):   The details of the hazard communication program developed by the employer, did not include an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employee could obtain and use the appropriate hazard information:  (a) Beckley, WV Shop:  Employee training did not include an explanation of the new Safety Data Sheet format and new GHS labeling system for hazardous materials used on site including, but not limited to,  the 1826 Flo-Strip Chlorinated Paint and Varnish Stripper that contains 75-80% methylene chloride (dichloromethane) as determined on September 24, 2015.  ABATEMENT CERTIFICATION REQUIRED

Issued

Nov 24, 2015

Abate by

Dec 14, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  (a)  Beckley, WV Shop:  The employer had not developed a written respirator program containing the required elements for employees using a NOVA-2000 supplied air respirator and a 3M half mask air purifying respirator as determined on September 24, 2015.  ABATEMENT CERTIFICATION REQUIRED