OSHA Inspection: EMPIRE PAINTING LLC

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $3,259 · Current $2,280 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(c)(1): The employer did not ensure that no employees were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m3) averaged over an 8-hour period:    Jobsite: The employer did not ensure through performing and conducting appropriate measures and means that the employees performing lead contained paint abatement projects were not exposed to lead concentrations over (50 ug/m3) averaged over an 8-hour period.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(e)(1): The employer did not implement all feasible engineering and work practice controls, including administrative controls, to reduce and maintain employee exposure to lead to or below the permissible exposure limit:  Jobsite:  The employer did not establish and implement all feasible engineering and work practice controls, including administrative controls, to reduce the employee exposure to lead while performing lead contained paint abatement projects.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(e)(2)(i): The employer did not establish and implement a written compliance program to achieve compliance with 29 CFR 1926.62(c) prior to commencement of the job:  Jobsite:  The employer did not establish and implement a written lead compliance program prior to the commencement of the lead contained paint abatement projects.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $2,173 · Current $1,480 Reduced

Hazardous substances 1591

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 μg/m3) calculated as an 8-hour time-weighted average (TWA):    Jobsite: The employer who had a lead contained paint abatement projects (tasks) did not initially determine if employees were exposed lead at or above the action level while performing the tasks.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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:  Jobsite:  The employer did not collect personal samples representative of a full shift  for the employees while performing lead contained paint abatement projects.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(j)(1)(i): 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:  Jobsite:  The employer did not make available initial medical records, such as (but not limited to) biological monitoring in the form of blood samples and analysis for lead to the employees who were exposed to lead while performing lead contained paint abatement projects.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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:  Jobsite:  The employees, performing lead contained paint abatement projects were not provided with biological monitoring in consisted of blood samples and analysis for lead until such time the employees exposure to lead assessments were conducted.

Issued

Dec 7, 2017

Abate by

Feb 28, 2018

Penalty

Initial $3,259 · Current $2,280 Reduced

Hazardous substances 1591

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):    Jobsite:  The employees, performing lead contained paint abatement projects were not provided with appropriate respiratory protection until such time the employer determined the actual employee exposure by performing employee exposure assessment.

Issued

Dec 7, 2017

Abate by

Feb 28, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1): For employees who used respirators required by 29 CFR 1926.62, the employer did not provide each employee an appropriate respirator that complied with the requirements of 29 CFR 1926.62(f):    Jobsite:  The employees, wearing respirators while performing lead contained paint abatement projects were not provided with appropriate types of respirators.

Issued

Dec 7, 2017

Abate by

Feb 28, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(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 1926.62 to use a respirator:    Jobsite:  The employer did not establish and implement a respirator protection program where employees were required to wear respirators while performing lead contained paint abatement projects.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(3)(i)(C): Respirator selection. The employers must provide High Efficiency Particulate Arrestance (HEPA) filters for powered and non-powered air-purifying respirators:  Jobsite:  The employer did not ensure through providing correct cartages for the full facepiece respirators worn by employees while performing lead contained paint abatement projects.

Issued

Dec 7, 2017

Abate by

Feb 28, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(j)(3)(ii)(B): Medical examinations made available pursuant to 29 CFR 1926.62(j)(3)(i)(A) did not include an evaluation of pulmonary status when respiratory protection was to be used:    Jobsite:  The employer did not provide a medical examination, including an evaluation of pulmonary status where employees were required to wear respirators while performing lead contained paint abatement projects.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $3,259 · Current $2,280 Reduced

Hazardous substances 1591

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):    Jobsite:  The employees, performing lead contained paint abatement projects were not provided with appropriate personal protective clothing until such time the employer had determined the actual employees exposure after performed the employees exposure assessment .

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

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):    Jobsite:  The employees, performing lead contained paint abatement projects were not provided with changing areas until such time the employer had determined the actual employees exposure after performed the employees exposure assessment.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(D): 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 hand washing facilities in accordance with 29 CFR 1926.62(i)(5):  Jobsite:  The employees, performing lead contained paint abatement projects were not provided with hand washing facilities until such time the employer had determined the actual employees exposure after performed the employees exposure assessment.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1)(ii): The employer did not provide, at no cost to the employee, and ensure the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to gloves, hat, and shoes or disposable shoe coverlets:  Jobsite: The employees, performing lead contained paint abatement projects were not provided with shoes covers and gloves.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas as an interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), without regard to the use of respirators:  Jobsite:  The employees, performing lead contained paint abatement projects were not provided with clean change areas as an interim protection.

Issued

Dec 7, 2017

Abate by

Jan 4, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(5)(i): The employer did not provide adequate handwashing facilities in accordance with 29 CFR 1926.51(f), for use by employees exposed to lead:  Jobsite:  The employees, performing lead contained paint abatement projects were not provided with adequate hand washing facilities.

Issued

Dec 7, 2017

Abate by

Feb 28, 2018

Penalty

Initial $2,173 · Current $1,480 Reduced

Hazardous substances 1591

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 in accordance with 29 CFR 1926.21, Safety training and education:    Jobsite:  The employees, wearing full facepiece respirators while performing lead contained paint abatement projects from the residential house were not provided with information and training in chemical hazard communications, respiratory protection, Safety training and education.

Issued

Dec 7, 2017

Abate by

Feb 28, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury.    Jobsite:  The employer did not instruct employees in the recognition and avoidance of unsafe and unhealthy conditions while performing lead contained paint abatement projects from a residential house.