OSHA Inspection: MCMILLEN YACHTS, INC.

Issued

Feb 12, 2016

Abate by

Mar 30, 2016

Penalty

Initial $1,600 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.1052(d)(1)(i): Where MC is present in the workplace, the employer shall determine each employee's exposure by either:    (A): Taking a personal breathing zone air sample of each employee's exposure; or  (B): Taking personal breathing zone air samples that are representative of each employee's exposure:    Worksite: When the employer brought on-site, and used, Methylene Chloride to strip Lead-based paint from the surface of woodwork, the employer did not determine each user's exposure by either personal breathing zone air sample of each employee's exposure, or taking personal breathing zone samples that are representative of each employee's exposure.

Issued

Feb 12, 2016

Abate by

Mar 30, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(d)(2): Initial determination. Each employer whose employees are exposed to MC shall perform initial exposure monitoring to determine each affected employee's exposure, except under the following conditions:  (i): Where objective data demonstrate that MC cannot be released in the workplace in airborne concentrations at or above the action level or above the STEL. The objective data shall represent the highest MC exposures likely to occur under reasonably foreseeable conditions of processing, use, or handling. The employer shall document the objective data exemption as specified in paragraph (m) of this section;  (ii): Where the employer has performed exposure monitoring within 12 months prior to April 10, 1997 and that exposure monitoring meets all other requirements of this section, and was conducted under conditions substantially equivalent to existing conditions; or  (iii): Where employees are exposed to MC on fewer than 30 days per year (e.g., on a construction site), and the employer has measurements by direct-reading instruments which give immediate results (such as a detector tube) and which provide sufficient information regarding employee exposures to determine what control measures are necessary to reduce exposures to acceptable levels:  Worksite: When the employer directed employees to use Methylene Chloride to remove Lead-based paint from the woodwork of a residence, the employer did not conduct initial exposure monitoring to determine each worker's exposure.  Prior to using Methylene Chloride the employer did not supply: (i) objective data to demonstrate that Methylene Chloride could not be released at airborne concentration at or above the Action Level or STEL (Short-Term Exposure Limit);  (ii) the employer did not supply data that demonstrates exposure monitoring was conducted within 12 months prior to April 10, 1997, an that the monitoring was conducted under conditions substantially equivalent to existing conditions; nor did the employer:  (iii) supply measurements by direct-reading instruments (such as a detector tube) which supply sufficient information regarding employee exposures.

Issued

Feb 12, 2016

Abate by

Mar 30, 2016

Penalty

Initial $1,600 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1052(g)(1): For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during:    (iv): Work operations for which feasible engineering and work-practice controls are not sufficient to reduce employee exposures to or below the PELs:    Worksite: When the employer gave employees respirators in lieu of feasible engineering and work-practice controls, the respirators given were not appropriate to the work being performed and the potential for employee exposure.  The employer gave the exposed workers half-mask elastomeric respirators outfitted with Organic Vapor cartridges.  The half-mask elastomeric respirators are prohibited under 29 CFR 1910.1052(g)(3)(i).

Issued

Feb 12, 2016

Abate by

Mar 30, 2016

Penalty

Initial $2,400 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.1052(l)(1): The employer did not provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to methylene chloride: (Construction Reference 1926.1152):    Worksite: When the employer directed employees to use Methylene Chloride to remove Lead-based paint from woodwork, the employees did not receive the information as required under the Hazard Communication Standard at the time of initial assignment to the chemical's use.

Issued

Feb 12, 2016

Abate by

Mar 30, 2016

Penalty

Initial $1,200 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v): Until the employer performed an employee exposure assessment as required under paragraph (d) of this section and determines actual employee exposure, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv) of this section with interim protection as follows:    (F): Training as required under paragraph (l)(1)(i) of this section regarding 29 CFR 1926.59, Hazard Communication; training as required under paragraph (1)(2)(iii) of this section, regarding use of respirators; and training in accordance with 29 CFR 1926.21, Safety Training and Education:    Worksite: When employees were conducting Lead paint scraping operations the employer did not ensure that the required training had been completed included Hazard Communication, the use of respirators, and training as required under 29 CFR 1926.21, Safety Training and Education.

Issued

Feb 12, 2016

Penalty

Initial $2,400 · Current $2,100 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who has a workplace or operation covered by this standard did not initially determine if any employee may be exposed to lead at or above the action level:    Worksite: When employees were assigned tasks to scrape and abrasively remove Lead-based paint, the employer did not initially determine if any employee was exposed to Lead at or above the action level.

Issued

Feb 12, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v): Until the employer performed an employee exposure assessment as required under paragraph (d) of this section and determined actual employee exposure, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv) of this section with interim protection as follows;  (A): Appropriate respiratory protection in accordance with paragraph (f) of this section:  Worksite: When the employer did not conduct an exposure assessment to determine employee exposure when scraping and sanding Lead-based paint, the employer did not ensure that these employees had appropriate respiratory protection as required by paragraph (f) of this section.

Issued

Feb 12, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v): Until the employer performed an employee exposure assessment as required under paragraph (d) of this section and determined actual employee exposure, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv) of this section with interim protection as follows:  (C): Change areas in accordance with paragraph (i)(2) of this section.  Worksite: When the employer had not conducted an exposure assessment during Lead paint scraping operations the employer did not provide these employees with adequate clothing change areas.

Issued

Feb 12, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v): Until the employer performed an employee exposure assessment as required under paragraph (d) of this section and determined actual employee exposure, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv) of this section with interim protection as follows:  (E): Biological monitoring in accordance with paragraph (j)(1)(i) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels.  Worksite: When the employer did not conduct an employee exposure assessment to determine actual employee exposure during activities that disturbed Lead paint, the employer did not ensure exposed employees received biological monitoring in accordance with paragraph (j)(1)(i) of this section.