OSHA Inspection: ROARING, LLC

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $7,391 · Current $5,174 Reduced

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: (Construction Reference: 1926.59)  On or about 9/28/17, the employer had not developed and implemented a hazard communication program.  The maintenance staff uses Benjamin Moore Aura Waterborne Exterior Semi-Gloss White paint, which contains 1-methyl-2-pyrrolidinone, a skin and reproductive hazard.  Employees also use pool chemicals, cleaning chemicals and caulk.

Issued

Feb 7, 2018

Abate by

Mar 27, 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):  On or about 9/28/17, the employer did not have safety data sheets available for chemicals used by employees.  Chemicals used include Benjamin Moore Aura Waterborne Exterior Semi-Gloss Finish White, which is a skin sensitizer and a reproductive hazard.  Employees also use pool chemicals and cleaning chemicals.

Issued

Feb 7, 2018

Abate by

Mar 27, 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: (Construction Reference: 1926.59)  On or about 9/28/17, the employer did not provide hazard communication training to employees working with chemicals.  Maintenance workers used Benjamin Moore Aura Waterborne Exterior Semi-Gloss Finish White paint, which contains 1-methyl-2-pyrrolidinone, a skin and reproductive hazard. Employees also use caulk, pool chemicals and cleaning chemicals.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $7,391 · Current $5,174 Reduced

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by 29 CFR 1926.62 did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30 ug/m3) calculated as an 8-hour time-weighted average (TWA):  On or about 9/28/17, the employer did not make an initial determination of employee exposure for maintenance workers scraping lead-based paint from the exterior of the building. The paint scraped from the building was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(d)(1)(iii): The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level:  On or about 9/28/17, the employer did not collect full shift personal samples to determine employee exposure for maintenance workers scraping lead-based paint from the exterior of the building. The paint scraped from the building was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $7,391 · Current $5,174 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f):  On or about 9/28/17, the employer did not provide employees scraping lead-based paint appropriate respiratory protection.  The paint contained 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(f)(1):  Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide each employee an appropriate respirator that complied with the requirements of 29 CFR 1926.62(f):  On or about 9/28/17, the employer did not provide employees scraping lead-based paint appropriate respiratory protection.  The paint contained 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $7,391 · Current $5,174 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g):  On or about 9/28/17, the employer did not provide and require employees to wear appropriate eye protection and protective work clothing when scraping lead-based paint.  The paint was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(g)(1): As interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), the employer did not provide at no cost to the employee and ensure that each employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments:  On or about 9/28/17, the employer did not provide and require employees to wear appropriate eye protection and protective work clothing when scraping lead-based paint.  The paint was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $7,391 · Current $5,174 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with change areas in accordance with 29 CFR 1926.62(i)(2):  On or about 9/28/17, the employer did not provide a clean change area to employees scraping lead-based paint off the exterior of the building.  Employees were provided work clothes that were worn to work and back home. The paint that was scraped off the exterior contained 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(i)(2):  Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d), the employer did not provide clean change areas for employee(s) whose airborne exposure to Lead was above the PEL, and as interim protection for employee(s) performing tasks as specified in paragraph (d)(2) of this section, without regard to the use of respirators.  On or about 9/28/17, the employer did not provide a clean change area to employees scraping lead-based paint off the exterior of the building.  Employees were provided work clothes that were worn to work and back home. The paint that was scraped off the exterior contained 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $7,391 · Current $5,174 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with biological monitoring in accordance with 1926.62(j)(1)(i), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels:  On or about 9/28/17, the employer did not provide medical surveillance to employees scraping lead-based paint off the exterior of the building.  The paint was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(j)(1)(i):  Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not make available initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level:  On or about 9/28/17, the employer did not provide medical surveillance to employees scraping lead-based paint off the exterior of the building.  The paint was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $7,391 · Current $5,174 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication:  On or about 9/28/17, the employer did not train employees scraping lead-based paint on the hazards of exposure to lead. The paint was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(l)(1)(i): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not ensure that at least the following Lead hazards were communicated to employee(s): reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects.  On or about 9/28/17, the employer did not train employees scraping lead-based paint on the hazards of exposure to lead. The paint was determined to contain 21.5% lead.

Issued

Feb 7, 2018

Abate by

Mar 27, 2018

Penalty

Initial $9,239 · Current $6,467 Reduced

General-duty citation text

29 CFR 1926.453(b)(2)(v): A harness with lanyard attached to the boom or basket was not worn by employee(s) working from an aerial lift:  On or about 9/28/17, the employer did not provide a harness and lanyard to employees working in a JLG 660SJ telescopic boom lift to scrape paint off the side of the building and apply paint and caulk.