OSHA Inspection: SIDE BY SIDE STORAGE, LLC

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $5,691 · Current $2,846 Reduced

General-duty citation text

29 CFR 1910.1001(j)(7)(iv): The employer did not provide, at no cost to employees who perform housekeeping operations in an area which contains presumed asbestos-containing material (PACM) and/or other asbestos-containing material (ACM), an asbestos awareness training course:    a) On or about 4/01/2018 - 5/01/2018, throughout 19 Grove St building, employees performed various housekeeping, service, and maintenance tasks throughout the building and who were allowed to move freely throughout the building where asbestos was present.  The employer did not train the employees on the hazards of asbestos.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $5,691 · Current $2,845 Reduced

General-duty citation text

29 CFR 1910.1025(m)(1)(iii): The employer did not include lead in the hazard communication program established to comply with the HCS (� 1910.1200), and the employer did not ensure that each employee had access to labels on containers of lead and to safety data sheets, and that employees were trained on lead in accordance with the requirements of HCS and paragraph (l) of this section:    a) On or about 4/01/2018 - 5/01/2018, throughout 19 Grove St building, employees performed various housekeeping, service, and maintenance tasks throughout the building and who were allowed to move freely throughout the building where lead was present.  The employer did not train the employees on the hazards of lead.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):     a) On or about 4/01/2018 - 5/01/2018, throughout 19 Grove St building, employees performed various housekeeping, service, and maintenance tasks throughout the building and who were allowed to move freely throughout the building where asbestos and lead was present.  The employer did not implement a hazard communication program.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(k)(1)(ii): The employer did not include asbestos in the program established to comply with the Hazard Communication Standard (HCS) and ensure each employee was trained in accordance with the provisions of the HCS and paragraphs (k)(9) and (10) of this section. The employer did not provide information on at least the following hazards: Cancer and lung effects.    a) On or about 4/01/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer did not train the employees on the hazards of asbestos.    b) On or about 4/01/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not train the employees on the hazards of asbestos.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $5,691 · Current $2,846 Reduced

General-duty citation text

29 CFR 1926.1101(e)(1): All Class I, II, and III asbestos work was not conducted within regulated areas:     a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees performed Class I asbestos work by removing asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too allowing ACM to accumulate on the floor.  The employer did not establish a regulated area to minimize exposure to asbestos.      b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees performed Class II asbestos work by removing  asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not establish a regulated area to minimize exposure to asbestos.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $5,691 · Current $2,846 Reduced

General-duty citation text

29 CFR 1926.1101(j)(2): The hygiene facilities and practices listed in sections (i) through (v) of this paragraph were not followed for employees performing Class I work involving less than 25 linear or 10 square feet of TSI or surfacing ACM and PACM, and for Class II and Class III asbestos work operations where exposures exceed a PEL or where there is no negative exposure assessment produced before the operation:    a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too allowing ACM to accumulate on the floor.  The employer did not have hygiene facilities and work practices to reduce exposure to asbestos.      b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not have hygiene facilities and work practices to reduce exposure to asbestos.

Issued

Sep 27, 2018

Abate by

Jan 27, 2020

Penalty

Initial $5,691 · Current $2,846 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(2)(ii)(C): The building owner and/or facility owner did not notify all employers of employees who work within or adjacent to the areas containing asbestos containing materials (ACM) and presumed asbestos containing materials of the presence, location and quantity:     a) On or about 4/01/2018 - 5/01/2018, throughout 19 Grove St building, employer failed to provide information on the presence, location, and quantity of asbestos to subcontractors such as, but not limited to, electricians and window company.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $5,691 · Current $2,846 Reduced

General-duty citation text

29 CFR 1926.1101(k)(9)(i): The employer did not institute, at no cost to employees, a training program for each employee who was likely to be exposed in excess of the permissible exposure limit (PEL) and for each employee who performed Class I through IV asbestos operations:    a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer did not train the employees on asbestos who were performing Class I asbestos work.    b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not train the employees on asbestos who were performing Class II asbestos work.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $11,382 · Current $5,691 Reduced

General-duty citation text

29 CFR 1926.1101(f)(2)(i): The employer with a work operation covered by the asbestos standard did not ensure that a "competent person" conducted an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace:    a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer did not perform an exposure assessment to determine accurately the airborne concentrations of asbestos to minimize exposure to asbestos.    b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not perform an exposure assessment to determine accurately the airborne concentrations of asbestos to minimize exposure to asbestos.      Side by Side Storage, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.1101(f)(2)(i), which was contained in OSHA inspection number 985663, citation number 1, item number 6 and was affirmed as a final order on 03/05/2015, with respect to a workplace located at 19 Grove St. Gloversville, NY.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $11,382 · Current $5,691 Reduced

General-duty citation text

29 CFR 1926.1101(g)(1): The employer did not use the following engineering controls and work practices: vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, cleanup, and prompt clean-up and disposal of wastes and debris contaminated with asbestos in leak-tight containers, regardless of the levels of exposure:     a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer did not use engineering controls and work practices to minimize exposure to asbestos.     b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not use engineering controls and work practices to minimize exposure to asbestos.      Side by Side Storage, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.1101(g)(1), which was contained in OSHA inspection number 985663, citation number 1, item number 7 and was affirmed as a final order on 03/05/2015, with respect to a workplace located at 19 Grove St. Gloversville, NY.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $11,382 · Current $5,691 Reduced

General-duty citation text

29 CFR 1926.1101(g)(3)(iii): The following work practices and engineering controls such as, but not limited to, dry sweeping can not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:    a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer allowed employees to dry sweep debris which does not minimize exposure to asbestos and it is not an allowed work practice.     b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer allowed employees to dry sweep debris which does not minimize exposure to asbestos and it is not an allowed work practice.      Side by Side Storage, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.1101(g)(3)(iii), which was contained in OSHA inspection number 985663, citation number 1, item number 8 and was affirmed as a final order on 03/05/2015, with respect to a workplace located at 19 Grove St. Gloversville, NY.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $11,382 · Current $5,691 Reduced

General-duty citation text

29 CFR 1926.1101(h)(1): For employees who use respirators required by 29 CFR 1926.1101, the employer did not provide each employee an appropriate respirator that complied with the requirements of 29 CFR 1926.1101(h):    a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees performed Class I asbestos work by removing asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer did not provide a respirator to minimize exposure to asbestos.      b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees performed Class II asbestos work by removing  asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not provide a respirator to minimize exposure to asbestos.      Side by Side Storage, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.1101(h)(1), which was contained in OSHA inspection number 985663, citation number 1, item number 9 and was affirmed as a final order on 03/05/2015, with respect to a workplace located at 19 Grove St. Gloversville, NY.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $11,382 · Current $5,691 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(3)(i): Before the employer permitted its own employees to perform work subject to this standard in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):    a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer did not determine the presence, location and quantity of asbestos containing material (ACM) to minimize exposure to asbestos.    b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not determine the presence, location and quantity of asbestos containing material (ACM) to minimize exposure to asbestos.      Side by Side Storage, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.1101(k)(1)(i), which was contained in OSHA inspection number 985663, citation number 1, item number 10 and was affirmed as a final order on 03/05/2015, with respect to a workplace located at 19 Grove St. Gloversville, NY.

Issued

Sep 27, 2018

Abate by

Feb 17, 2020

Penalty

Initial $11,382 · Current $5,691 Reduced

General-duty citation text

29 CFR 1926.1101(k)(8)(vii): Labels or signs were not affixed or posted so that employees will be notified of what materials contain PACM and/or ACM:    a) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos thermal system insulation (TSI) from existing pipes and then removed pipes with residual ACM from the ceiling with a sawzall too, allowing ACM to accumulate on the floor.  The employer did not notify employees of what materials contain PACM and/or ACM to minimize exposure to asbestos.      b) On or about 4/22/2018 - 5/01/2018, in the 500 Area, employees removed asbestos containing floor tiles (VAT) with the forks of a forklift.  The employer did not notify employees of what materials contain PACM and/or ACM to minimize exposure to asbestos.      Side by Side Storage, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1926.1101(k)(8)(vii), which was contained in OSHA inspection number 985663, citation number 1, item number 11 and was affirmed as a final order on 03/05/2015, with respect to a workplace located at 19 Grove St. Gloversville, NY.