OSHA Inspection: WEATHERSURE SYSTEMS, INC.

Issued

Jan 12, 2018

Abate by

Feb 20, 2018

Penalty

Initial $5,174 · Current $6,000

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) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before March 17, 2017, the employer did not develop, implement, and maintain at the workplace a site specific written hazard communication program.  Employees are potentially exposed to hazardous chemicals during the resurfacing of a parking garage, including but not limited to the following:    1) Flint  2) Concrete   3) Sikadur 21 Lo-Mod LV/Sikadur 22 Lo-Mod Part A  4) Sikadur 22 Lo-Mod Part B      Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.59.

Issued

Jan 12, 2018

Abate by

Feb 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(6): The employer used written materials, such as signs, placards, process sheets, or batch tickets in lieu of affixing labels to individual stationary process containers that failed to identify the container(s) to which they were applicable and did not convey the information required by 29 CFR 1910.1200(f)(5):    (a) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before September 1, 2017, the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemicals contained within during the resurfacing of a parking garage. Employees were potentially exposed to unlabeled hazardous chemicals, including but not limited to Sikadur 21 Lo-Mod LV/Sikadur 22 Lo-Mod Part A and Sikadur 22 Lo-Mod Part B.      Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.59.

Issued

Jan 12, 2018

Abate by

Feb 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s):     (a) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before September 1, 2017, the employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work areas during the resurfacing of a parking garage. Employees used hazardous chemicals including, but not limited to, pre-applied epoxy on concrete, being removed by scarification; concrete, being resurfaced by scarification; and Sikadur 21 Lo-Mod LV/Sikadur 22 Lo-Mod Part A and Sikadur 22 Lo-Mod Part B, being applied to resurfaced concrete. The employer provided employee access to Safety Data Sheets through a phone app on Supervisor cells phones but had not obtained or loaded the Safety Data Sheets into the phone app. The employer did not provide an alternative means for employees to access Safety Data Sheets.  These conditions created barriers to employees accessing Safety Data Sheets and potentially exposed employees to chemical hazards.    Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.59.

Issued

Jan 12, 2018

Abate by

Feb 20, 2018

Penalty

Initial $0 · Current $0

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) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before September 1, 2017, the employer did not provide employees with effective information and training on hazardous chemicals in their work area.  Employees did not know the hazards of the chemicals in their work areas during the resurfacing of a parking garage. This condition exposed employees to chemical hazards, including but not limited to Flint, Concrete, Sikadur 21 Lo-Mod LV/Sikadur 22 Lo-Mod Part A, and Sikadur 22 Lo-Mod Part B.    Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.59.    Abatement Note: Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and material safety data sheets.

Issued

Jan 12, 2018

Abate by

Feb 20, 2018

Penalty

Initial $0 · Current $0

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) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before September 6, 2017, the employer required the use of half and full face elastomeric respirators by employees, while working with silica, but did not establish and implement a written respiratory protection program with worksite specific procedures.  This condition exposed the employees to respiratory hazards such as silicosis.   Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.  Abatement Note: The employer shall include in the program the following provisions of this section, as applicable: 1) Procedures for selecting respirators for use in the workplace; 2) Medical evaluations of employees required to use respirators; 3) Fit testing procedures for tight-fitting respirators; 4) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; 5) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; 6) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators; 7) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; 8) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and 9) Procedures for regularly evaluating the effectiveness of the program. 10) The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use.

Issued

Jan 12, 2018

Abate by

Feb 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:   (a) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before August 25, 2017, the employer did not evaluate respiratory hazards in the workplace in that an employee removing pre-applied epoxy and resurfacing concrete with an EDCO CPM-8-9H Scarifier was not monitored or evaluated for silica exposure.  This condition exposed the employee to respiratory hazards such as silicosis.  (b) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before September 6, 2017, the employer did not evaluate respiratory hazards in the workplace in that employees broadcasting Flint sand across epoxy on resurfaced concrete and removing excess sand were not monitored or evaluated for silica exposure.  This condition exposed the employees to respiratory hazards such as silicosis.  Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.  Abatement Note: This evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH.

Issued

Jan 12, 2018

Abate by

Feb 20, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:   (a) Weathersure Systems, Inc. at 744 E. 19th St., Denver, CO: On and before September 6, 2017, the employer did not provide medical evaluations to determine each employee's ability to use a respirator, before the employee was required to use a respirator in the workplace, while broadcasting sand.  This condition may allow employees with pre-existing medical conditions to use respirators when they are not physically capable of doing so and may create a respiratory hazard.  Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.  Abatement Note: When tight-fitting filtering facepieces usage is required by the employer, you must ensure that the workers are medically able to wear the respirators. Using a respirator may place a physiological burden on employees that varies with the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee. "Appendix C to Sec. 1910.134: OSHA Respirator Medical Evaluation Questionnaire" contains the mandatory information that employees must complete so that a physician (health care professional) may decide if it is appropriate for the employees to wear a respirator.