OSHA Inspection: FRONTIER CONSTRUCTION COMPANY, INC.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $8,873 · Current $5,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(1):  Class II asbestos work was not conducted within regulated areas that complied with the requirements of paragraphs (2), (3), (4), and (5) of this section:     a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class 2 asbestos work) in the main first floor north-south corridor.The Class II asbestos work was not conducted in a regulated area that complied with the requirements of paragraphs (2), (3), (4) and (5) of this section.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $8,873 · Current $4,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(1)(i): Each employer who has a workplace or work operation where exposure monitoring is required under this section did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may have been exposed:     a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main first floor north - south corridor. Employees were required to remove floor tile and mastic that contained asbestos, using aggressive methods (dry removal that broke up intact asbestos containing material). The employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed. The employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $8,873 · Current $5,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(1):  The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of the exposure:       a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main first floor north-south corridor. The employer did not use the engineering controls and work practices listed below, regardless of the levels of exposure.          i.  Vacuum cleaners equipped with HEPA filters;      ii.  Wet methods or wetting agents;      iii. Prompt clean-up and disposal of waste in leak-tight containers     Employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(2): In addition to the requirements of paragraph (g)(1) of this section,  the employer did not use control methods to achieve compliance as required by 1926.1101(g)(2)(i) through (g)(2)(v):      a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main first floor north-south corridor.  The employer did not use the below listed control methods to achieve compliance with the permissible exposure limit and excursion limit prescribed by paragraph (c) of this section.         i.  Local exhaust ventilation equipped with HEPA filter dust collection systems;    ii. Enclosure or isolation of processes producing asbestos dust;   iii.  Ventilation of the regulated area;   iv. Use of other feasible work practices and engineering controls.       Employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(7)(ii):  For all indoor Class II jobs, where the employer had not produced a negative exposure assessment pursuant to paragraph (f)(2)(iii) of this section, or where during the job, changed conditions indicated there may be exposure above the PEL or where the employer did not remove the ACM in a substantially intact state, the employer did not use one of the methods listed in (A)-(C) of this section to ensure that airborne asbestos did not migrate from the regulated area:    (a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main first floor north-south corridor. The employer did not use one of the below listed methods to ensure that airborne asbestos did not migrate from the regulated area.     i. Critical barriers placed over all openings to the regulated area;  ii. Another barrier or isolation method which prevents migration;  iii. Impermeable drop cloths placed on surfaces beneath all removal activity     Employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i):  For jobs removing vinyl and asphalt flooring materials which contain asbestos of for which buildings constructed no later than 1980, where the employer did not verify the absence of asbestos containing material pursuant to 29 CFR 1926.1101(g)(8)(i)(I), the employer did not ensure that employees complied with work practices described in 29 CFR 1926.1101(g)(8)(i)(A) through (g)(8)(i)(I) and that employees were trained in these practices pursuant to 29 CFR 1926.1101(k)(9):     a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main first floor north-south corridor. The employer did not ensure that employees complied with the work practices listed in subparagraphs (A) through (I) of this section and trained as required by 29 CFR 1926.1101(k)(9). Employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $8,873 · Current $5,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1)(ii): Respirators were not used during Class II work where asbestos containing material was not removed in a substantially intact state:    a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main north-south corridor when asbestos containing material (ACM) was not removed in a substantially intact state. The employer did not ensure that employees used respirators as required by subparagraphs (i) through (viii) of this section. The employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:     a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main north-south corridor. The employer did not provide or require the use of protective clothing. The employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(2)(i):  The employer did not establish a decontamination room or area for employees and equipment, adjacent to the regulated area, consisting of an impermeable drop cloth on the floor or horizontal working surface, for employees engaged in Class I work involving less than 25 linear or 10 square feet of thermal system insulation or surfacing asbestos containing material and for Class II and Class III asbestos work operations where exposures exceed a permissible exposure limit or where there was not negative exposure assessment produced before the operation:     a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main north-south corridor. The employer did not establish a decontamination room or area for employees and equipment pursuant to the requirements of this section. The employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $8,873 · Current $8,943

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(5): Employee notification of monitoring results. The employer must, as soon as possible but no later than 5 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to employees.    a) On or about June 7, 2017, at the above located the employer failed to notify each affected employee of the results of asbestos monitoring performed with 5 business days after receipt of the results.

Issued

Nov 30, 2017

Abate by

Dec 6, 2017

Penalty

Initial $8,873 · Current $4,000 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(4)(i): For Class I and II asbestos work the competent person training was not obtained in a comprehensive course for supervisors that meets the criteria of EPA's Model Accredited Plan (40 CFR part 763, subpart E, Appendix C), such as a course conducted by an EPA-approved or state-approved training provider, certified by EPA or a state, or a course equivalent in stringency, content, and length:     a) On or about June 7, 2017, at the above located worksite employees were required to remove 12 inch floor tiles and mastic that contained 0.4% to 6.0% asbestos (Class II asbestos work) in the main north-south corridor. The employer did not designate a competent person having training that met the criteria of EPA's Model Accredited Plan (40 CFR part 763, subpart E, Appendix C). The employees removing asbestos containing floor tile were thereby exposed to the hazards associated with airborne asbestos.