OSHA Inspection: HIGHER GROUND TACTICAL, LLC

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):    a)  Higher Ground Tactical, LLC - On or about November 5, 2015, the employer did not perform a hazard assessment to determine the appropriate personal protective equipment that would be required for employees.  Range safety officers while working in the shooting range area observing and instructing clients are exposed to hazards during the discharge and cleaning of firearms.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.132(f)(1): The employer did not provide training to each employee who is required by this section to use personal protective equipment:  a)  Higher Ground Tactical, LLC - On or about November 5, 2015, the employer did not provide training on the personal protective equipment that would be required for employees who were exposed to hazards during the discharge and cleaning of firearms.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 21, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 019010601591A614K107

General-duty citation text

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.  Higher Ground Tactical, LLC - On or about November 5, 2015, The employer had not developed or implemented a written Hazard Communication Program for employees who are exposed to  hazards from the use of gun cleaning chemicals used to clean employer owned firearms and inorganic lead from the shooting of lead containing ammunition on the range.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 01901060A614K107

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a safety data sheet for each hazardous chemical in use:  a. Higher Ground Tactical, LLC - On or about November 5, 2015, where employees were exposed to the hazards from gun cleaning chemicals including Hoppe's 9, the employer had not obtained a safety data sheet for the product.    b. Higher Ground Tactical, LLC  On or about November 5, 2015, employees, including Range Safety Officers, are exposed to lead while working on the firing range observing clients and performing cleanup tasks and the employer did not have a safety data sheet for the ammunition that contains lead.   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 21, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 019010601591A614K107

General-duty citation text

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) Higher Ground Tactical, LLC - On or about November 5, 2015, employees were exposed to the hazards of gun cleaning chemicals, and the employer did not provide effective training on the hazards of these chemicals.  b)  Higher Ground Tactical, LLC  Or or about November 13, 2015, employees, Range Safety Officers were exposed to lead while performing tasks such as observing and instructing clients, and the employer did not provide effective training as required by this section.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Jun 5, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 1591

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)  Higher Ground Tactical, LLC - employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not establish and implement a written respiratory protection program with worksite specific procedures.     b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not establish and implement a written respiratory protection program with worksite specific procedures.     Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 21, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting face piece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a)  Higher Ground Tactical, LLC - employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not provide a fit test to ensure the employee was adequately protected from lead by the respirator worn.  b) Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled. The employer did not provide a fit test to ensure the employee was adequately protected from lead by the respirator worn.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  a)  Higher Ground Tactical, LLC - employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  Employees required to wear respirators had facial hair which could interfere with respirator performance.  b) Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled. Employees required to wear respirators had facial hair which could interfere with respirator performance.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 21, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure that each employee can demonstrate knowledge of items in section (I)-(viii):   a)  Higher Ground Tactical, LLC - employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not ensure that employees demonstrated knowledge regarding why the respirator was necessary and how improper fit, usage or maintenance can compromise the protective effect of wearing a respirator.  b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not ensure that employees demonstrated knowledge regarding why the respirator was necessary and how improper fit, usage or maintenance can compromise the protective effect of wearing a respirator.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Sep 3, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(c)(1): Employee(s) were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air averaged over an eight-hour period:    a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not ensure that employees were not exposed in excess of the OSHA permissible exposure limit.    b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not ensure that employees were not exposed in excess of the OSHA permissible exposure limit.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Oct 3, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(1)(i): For any employees exposed to lead above the permissible exposure limit for more than 30 days per year the employer did not implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead :  a)  Higher Ground Tactical, LLC ? employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not implement feasible engineering and work practice controls to reduce employee exposure to lead.  b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not implement feasible engineering and work practice controls to reduce employee exposure to lead.  Feasible engineering and administrative controls include but are not limited to:  1.  Install and maintain a supply air and exhaust ventilation system that effectively captures the dust in the shooting range area and exhausts clean air to an outside location.   2.  Substitute current ammunition for those with non-lead primer cartridges and non-lead or jacketed bullets designed specifically for firing ranges. 3. Establish a regular maintenance and replacement schedule for the ACSI Air Scrubbers filters. 4.  Clean the gun range and adjacent areas using proper cleaning procedures such as  HEPA vacuuming and wet sweeping. 5.  Eliminate all dry sweeping.  ABATEMENT NOTE:  ABATEMENT NORMALLY WILL BE MULTISTEP AS FOLLOWS:    Step 1:   EFFECTIVE RESPIRATORY PROTECTION SHALL BE PROVIDED AND USED BY EXPOSED EMPLOYEES AS AN INTERIM PROTECTIVE MEASURE UNTIL FEASIBLE ENGINEERING AND/OR ADMINISTRATIVE CONTROLS CAN BE IMPLEMENTED, OR WHENEVER SUCH CONTROLS FAIL TO REDUCE EMPLOYEE EXPOSURE TO WITHIN PERMISSIBLE EXPOSURE LIMITS.    Step 2:  SUBMIT TO THE AREA DIRECTOR A WRITTEN, DETAILED PLAN OF ABATEMENR OUTLINING A SCHEDULE FOR THE IMPLEMENTATION OF ENGINEERING AND/OR ADMINISTRATIVE MEASURES TO CONTROL EMPLOYEE EXPOSURE TO HAZARDOUS SUBSTANCES AS REFERENCED IN THIS CITATION.  THIS PLAN SHALL INCLUDE, AT A MINIMUM, TARGET DATES FOR THE FOLLOWING ACTIONS WHICH MUST BE CONSISTANT WITH THE ABATEMENT DATES REQUIRED BY THIS CITATION:    (1)    EVALUATION OF ENGINEERING/ADMINISTRATIVE CONTROL OPTIONS;    (2)     SELECTION OF OPTIUM CONTROL METHODS AND COMPLETION OF DESIGN;    (3)    PROCUREMENT, INSTALLATION AND OPERATION OF SELECTED CONTROL MEASURES; AND     (4)    TESTING AND ACCEPTANCE OR MODIFICATION/REDESIGN OF CONTROLS.    NOTE:   ALL PROPOSED CONTROL MEASURES SHALL BE APPROVED FOR EACH PARTICULAR USE BY A COMPETENT INDUSTRIAL HYGIENIST OR OTHER TECHNICALLY QUALIFIED PERSON.   THIRTY - (30) DAY PROGRESS REPORTS ARE REQUIRED DURING THE ABATEMENT PERIOD.  (THE 30 DAY REQUIREMENT CAN BE SHORTENED OR LENGTHENED BY THE AREA DIRECTOR DEPENDING ON THE SPECIFIC CIRCUMSTANCES.)    Step3:  ABATEMENT SHALL HAVE BEEN COMPLETED BY THE IMPLEMENTATION OF FEASIBLE ENGINEERING AND/OR ADMINISTRATIVE CONTROLS UPON THE VERIFICATION OF THEIR EFFECTIVENESS IN ACHIEVING COMPLIANCE.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(4)(i): When ventilation was used to control exposure to lead, measurements which demonstrate the effectiveness of the system in controlling exposure were not made at least every three months:  a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not take measurements to monitor the effectiveness of the Force Air 2000 EC air scrubber.   b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not take measurements to monitor the effectiveness of the Force Air 2000 EC air scrubber.   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(1)(i): Respirators required  for protection against lead were not used during the time period necessary to install and implement engineering or work practice controls:  a)  Higher Ground Tactical, LLC - employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  Respiratory protection was not worn by the employee during this activity.  b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled. Respiratory protection was not worn by the employee during this activity.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Jun 5, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(2)(i): The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1910.1025 to use a respirator:  a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not implement a respiratory protection program.  b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled. The employer did not implement a respiratory protection program.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(3)(i)(A): Respirators required under 29 CFR 1910.1025 for protection against lead, were not selected from Table II of 29 CFR 1910.1025: in accordance with 29 CFR 1910.134(d)(3)(i)(A):  a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead averaged over the 23 minutes cleanup period of 4.6685 micrograms lead per cubic meter of air.  This exposure is 93.3 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. The employer provided a full face negative pressure respirator which did not have an adequate protection factor.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(1): Appropriate protective work clothing and equipment were not provided when employee(s) were exposed to lead above the permissible exposure limit (PEL), without regard to the use of respirators, or where the possibility of skin or eye irritation exists:    a)  Higher Ground Tactical, LLC - employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not provide protective work clothing, such as coveralls, gloves, head coverings, and shoes for employees exposed to lead in excess of the OSHA permissible exposure limit.      b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not provide protective work clothing, such as coveralls, gloves, head coverings and  shoes for employees exposed to lead in excess of the OSHA permissible exposure limit.       Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(1): The employer did not ensure that food or beverage was not present, or consumed; tobacco products were not present, or used and cosmetics were not applied in areas where employees were exposed to lead in excess of the permissible exposure limit:    a) Higher Ground Tactical LLC - On or about November 13, 2015, The employer did not prohibit the consumption of food in the show room which had surfaces contaminated with lead and where air monitoring levels exceed the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 21, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(2)(i): Clean change rooms were not provided for employees exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators:  a)  Higher Ground Tactical, LLC - employees,  Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not provide change rooms for employees who were exposed in excess of the OSHA permissible exposure limit to the hazards of lead.   b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not provide change rooms for employees who were exposed in excess of the OSHA permissible exposure limit to the hazards of lead.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Jun 5, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(3)(i): Employee(s) exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators, were not required to shower at the end of the work shift:   a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.   The employer did not require employees to shower.  b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not require employees to shower.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Jun 5, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(3)(ii): Shower facilities, in accordance with 29 CFR 1910.141(d)(3), were not provided for employee(s) exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators:   a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.   The employer did not provide shower facilities for employees who were exposed in excess of the OSHA permissible exposure limit.  b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not provide shower facilities for employees who were exposed in excess of the OSHA permissible exposure limit.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(3)(iii): The employer did not ensure that employees who were required to shower per 29 CFR 1910.1025(i)(3)i) did not leave the workplace wearing any clothing or equipment worn during the work shift:   a)  Higher Ground Tactical, LLC  employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not ensure that employees did not take lead contaminated clothing out of the worksite.    b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not ensure that employees did not take lead contaminated clothing out of the worksite.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(4)(i): Lunchroom facilities were not provided for employee(s) exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators:   a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not provide lunchroom facilities for employees when they were exposed above the OSHA permissible exposure limit.   b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not provide lunchroom facilities for employees when they were exposed above the OSHA permissible exposure limit.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(h)(1): All surfaces were not maintained as free as practicable of accumulations of lead:    a)  Higher Ground Tactical, LLC - On or about November 13, 2015, The employer did not maintain counters in the retail area, where employees engage customers, free as practical from lead dust.  Wipe sample(s) taken on counter and floor areas  indicated the presence of inorganic lead.     Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $2,800 · Current $500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(l)(1)(ii): The employer did not train each employee who is subject to exposure to lead at or above the action level, or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of 29 CFR 1910.1025:    a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not provide information and training on lead to employees whose exposure level exceeded the action level of 30 micrograms per cubic meter of air.    b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not provide training on lead to employees whose exposure level exceeded the action level of 30 micrograms per cubic meter of air.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Oct 3, 2016

Penalty

Initial $28,000 · Current $22,000 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(b)(1): When employees were subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls were not utilized:    a)  Higher Ground Tactical, LLC. - employees, Range Safety Officers while working in the range area observing and instructing clients, were exposed to continuous noise at 326% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 98.5 dBA.  This exposure was observed over a 287 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 193 minutes not sampled.  The employer did not implement feasible administrative or engineering controls to reduce employee exposure to occupational noise.      ABATEMENT NORMALLY WILL BE MULTISTEP AS FOLLOWS:       Step 1:  SUBMIT TO THE AREA DIRECTOR A WRITTEN, DETAILED PLAN OF ABATEMENR OUTLINING A SCHEDULE FOR THE IMPLEMENTATION OF ENGINEERING AND/OR ADMINISTRATIVE MEASURES TO CONTROL EMPLOYEE EXPOSURE TO HAZARDOUS SUBSTANCES AS REFERENCED IN THIS CITATION.  THIS PLAN SHALL INCLUDE, AT A MINIMUM, TARGET DATES FOR THE FOLLOWING ACTIONS WHICH MUST BE CONSISTANT WITH THE ABATEMENT DATES REQUIRED BY THIS CITATION:      (1)    EVALUATION OF ENGINEERING/ADMINISTRATIVE CONTROL OPTIONS;      (2)     SELECTION OF OPTIUM CONTROL METHODS AND COMPLETION OF DESIGN;      (3)    PROCUREMENT, INSTALLATION AND OPERATION OF SELECTED CONTROL MEASURES; AND       (4)    TESTING AND ACCEPTANCE OR MODIFICATION/REDESIGN OF CONTROLS.      NOTE:   ALL PROPOSED CONTROL MEASURES SHALL BE APPROVED FOR EACH PARTICULAR USE BY A INDUSTRIAL HYGIENIST OR OTHER TECHNICALLY QUALIFIED PERSON.    THIRTY- (30) DAY PROGRESS REPORTS ARE REQUIRED DURING THE ABATEMENT PERIOD.  (THE 30 DAY REQUIREMENT CAN BE SHORTENED OR LENGTHENED BY THE AREA DIRECTOR DEPENDING ON THE SPECIFIC CIRCUMSTANCES.)      Step2:  ABATEMENT SHALL HAVE BEEN COMPLETED BY THE IMPLEMENTATION OF FEASIBLE ENGINEERING AND/OR ADMINISTRATIVE CONTROLS UPON THE VERIFICATION OF THEIR EFFECTIVENESS IN ACHIEVING COMPLIANCE.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Jun 5, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:  a)  Higher Ground Tactical, LLC - employees, Range Safety Officers while working in the range area observing and instructing clients, were exposed to continuous noise at 326% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 98.5 dBA.  This exposure was observed over a 287 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 193 minutes not sampled.  The employer did not conduct monitoring to determine employee's exposure level and the type of personal protective equipment required.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 21, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a)  Higher Ground Tactical, LLC - employees, Range Safety Officers while working in the range area observing and instructing clients, were exposed to continuous noise at 326% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 98.5 dBA.  This exposure was observed over a 287 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 193 minutes not sampled.  The employer did not establish an audiometric testing program.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 21, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k):  a)  Higher Ground Tactical, LLC - employees, Range Safety Officers while working in the range area observing and instructing clients, were exposed to continuous noise at 326% of the permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 98.5 dBA.  This exposure was observed over a 287 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 193 minutes not sampled.  The employer did not provide training as required.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Jun 5, 2016

Penalty

Initial $28,000 · Current $22,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level:    a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not conduct initial monitoring to determine if any employee exposure to lead exceeded the OSHA action level of 30 micrograms per cubic meter of air.    b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not conduct initial monitoring to determine if any employee exposure to lead exceeded the OSHA action level of 30 micrograms per cubic meter of air.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

Jun 5, 2016

Penalty

Initial $28,000 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3)(i): The employer did not establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, solely by means of engineering and work practice controls:    a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not establish or implement a written compliance program.    b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not establish or implement a written compliance program.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(h)(2)(ii): Shoveling, sweeping or brushing methods were used to remove lead accumulations where vacuuming or other equally effective methods were available and feasible:    a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not prohibit the dry sweeping of lead containing dust.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $28,000 · Current $22,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(1)(i): A medical surveillance program was not instituted for all employee(s) who were, or could be exposed to lead above the action level for more than thirty days per year:     a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not implement a medical surveillance program for employees whose exposure level exceeded the OSHA action level of 30 micrograms per cubic meter of air.    b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.    The employer did not implement a medical surveillance program for employees whose exposure level exceeded the OSHA action level of 30 micrograms per cubic meter of air.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(3)(i)(B): Medical examinations and consultations for lead were not performed prior to assignment for each employee being assigned for the first time to an area in which airborne concentrations of lead are at or above the action level:   a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not provide medical examinations and consultations for employees whose exposure level exceeded the OSHA action level of 30 micrograms per cubic meter of air.  b) Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.  The employer did not provide medical examinations and consultations for employees whose exposure level exceeded the OSHA action level of 30 micrograms per cubic meter of air.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $400 · Current $400

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(l)(1): The employer did not post of copy of 29 CFR 1910.95 in the workplace:  a)  - Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the range area observing and instructing clients, were exposed to continuous noise at 326% of the OSHA permissible daily noise exposure of 90 dBA or an eight-hour time-weighted average of 98.5 dBA.  This exposure was observed over a 287 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 193 minutes not sampled.  The employer did not post a copy of the standard in the facility.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

May 3, 2016

Abate by

May 11, 2016

Penalty

Initial $400 · Current $400

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(m)(2)(i): 29 CFR 1910.1025(m)(2)(i): Warning signs bearing the legend: WARNING, LEAD WORK AREA, POISON, NO SMOKING OR EATING, were not posted in each work area where the permissible exposure limit (PEL) was exceeded:                                                                                            a)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while working in the firing range observing and instructing clients, were exposed to  inorganic lead at  an eight hour time weighted average exposure of 0.69 milligrams per cubic meter of air.  This exposure is 13.8 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air.  This exposure was observed occurring over a 460 minute sampling period on November 15, 2015.  A zero exposure was assumed for the 20 minutes not sampled.  The employer did not post warning signs for the lead hazard in the facility.  b)  Higher Ground Tactical, LLC - employees, Range Safety Officers, while performing gun range clean-up activities such as dry sweeping the shooting range lanes and vacuuming carpets were exposed to inorganic lead at an eight hour time weighted average exposure of 0.22 milligrams per cubic meter of air.  This exposure is 4.47 times the OSHA permissible exposure limit of 0.05 milligrams per cubic meter of air. This exposure was observed occurring over a 23 minute sampling period on November 13, 2015.  A zero exposure was assumed for the 457 minutes not sampled.    The employer did not post warning signs for the lead hazard in the facility.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.