OSHA Inspection: COLORADO WARNERS, LLC

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $1,663 · Current $850 Reduced

General-duty citation text

29 CFR 1926.1101(f)(1)(i): Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed:    (a) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer did not ensure that employees were not exposed to an airborne concentration of asbestos in excess of 0.1 fiber per cubic centimeter of air as an 8 hour time time-weighted average. Three employees removed around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos, while running fans and dehumidifiers. Another employee removed nails and cleaned, where the work had occurred, while fans and dehumidifiers were running. This condition exposed the employees who did the removal, and other workers in the area, to an asbestos hazard.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

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) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 4, 2018, the employer did not ensure that a "competent person" conducted an exposure assessment before or at the initiation of the project to ascertain expected employees exposures to asbestos.  Three employees removed around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos, while running fans and dehumidifiers. Another employee removed nails and cleaned, where the work had occurred, while fans and dehumidifiers were running. This condition exposed the employees who did the removal, and other workers in the area, to an asbestos hazard.   Abatement Note: The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.    Basis of Initial Exposure Assessment: Unless a negative exposure assessment has been made pursuant to paragraph (f)(2)(iii) of this section, the initial exposure assessment shall, if feasible, be based on monitoring conducted pursuant to paragraph (f)(1)(iii) of this section. The assessment shall take into consideration the monitoring results and all observations, information or calculations which indicate employee exposure to asbestos, including any previous monitoring conducted in the workplace, or of the operations of the employer which indicate the levels of airborne asbestos likely to be encountered on the job.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

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 29 CFR 1926.1101(f)(2)(iii), or where during the job, changed conditions indicated there may be exposure above the permissible exposure limit or where the employer did not remove the asbestos containing material in a substantially intact state, the employer did not use any specified methods to ensure that airborne asbestos does migrate from the regulated area:  (a) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer did not ensure that Class II asbestos work was performed using a specified control method, including critical barriers across all opening to regulated areas or other barrier or isolation methods and impermeable drop cloths on surfaces beneath all removal activity, which prevent the migration of airborne asbestos from the regulated areas. Three employees removed around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos, while running fans and dehumidifiers. This condition exposed the employees who did the removal, and other workers in the area, to an asbestos hazard.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $1,663 · Current $850 Reduced

General-duty citation text

29 CFR 1926.1101(h)(2)(i): The employer failed to implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) [except (d)(1)(iii)], and (f) through (m), which covers each employee required by 29 CFR 1926.1101 to use a respirator:    (a) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer required the use of filtering facepieces and elastomeric half-face respirators with particulate filters but did not establish and implement a written respiratory protection program with worksite specific procedures in accordance with 29 CFR 1910.134(b) through (d) [except (d)(1)(iii)], and (f) through (m). Three employees were required to wear filtering facepieces or elastomeric half-face respirators for making drywall cuts with a saw, while removing around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos, while running fans and dehumidifiers. Another employee was required to wear a filtering facepiece respirator, while removing nails and cleaning, where the work had occurred. This condition exposed the employees who did the removal, and other workers in the area, to an asbestos hazard.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(h)(3)(iii)(A): The employer did not provide a half-mask air-purifying respirator, other than a disposable respirator, equipped with high-efficiency filters, whenever the employee(s) performed Class II and III asbestos jobs where no negative exposure assessment was available:  (a) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer allowed employees to wear filtering facepiece respirators during Class II asbestos work, when saws were not in use. This condition exposed employees to an asbestos hazard.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $1,663 · Current $800 Reduced

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) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer did not ensure that each employee was trained in hazards associated with asbestos to comply with the Hazard Communication Standard. Three employees removed around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos. Another employee removed nails and cleaned, where the work had occurred. This condition exposed the employees who did the removal, and other workers in the area, to an asbestos hazard.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

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) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer did not institute a training program for each employee who performed Class II asbestos operations. Three employees removed around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos. This condition exposed the employees who did the removal to an asbestos hazard.  (b) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 6, 2018, the employer did not institute a training program for each employee who performed Class IV asbestos operations. An employee removed nails and cleaned, where class II asbestos work had occurred. This condition exposed the employee who conducted the work in and around the regulated area to an asbestos hazard.   Abatement Note: For details on training requirements see 1926.1101(k)(9)(iv) for Class II operations and 1926.1101(k)(9)(vi) for Class IV operations.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

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) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 4, 2018, the employer did not institute a training program for the competent person for Class I and II asbestos work that met the criteria of EPA's Model Accredited Plan. Three employees removed around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos. This condition exposed the employees who did the removal, and other workers in the area, to an asbestos hazard.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(o)(4)(ii): For Class III and IV asbestos work, the competent person training did not include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length:  (a) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 6, 2018, the employer did not ensure that the competent person training included a course that was consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent. An employee removed nails and cleaned, where class II asbestos work had occurred. This condition exposed the employee who conducted the work in and around the regulated area to an asbestos hazard.

Issued

Jun 12, 2018

Abate by

Jul 16, 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) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer did not provide medical evaluations to determine each employee's ability to use a respirator, before the employee was fit tested or required to use a respirator. Three employees, removing around 220 sq. ft. of drywall with an exterior white texture and white joint compound with 2% asbestos,  were required to wear half-face elastomeric respirators with particulate filters, while cutting drywall with a saw, and filtering facepiece respirators during other Class II asbestos work. Another employee, removing nails and cleaning, where the Class II asbestos work had occurred, was required to wear a filtering facepiece respirator. This condition may allow employees with pre-existing medical conditions to use respirators when they are not physically capable of doing so, exposing them to 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: 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.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

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) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, 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 water damage remediation, including but not limited to the following:  1) Dawn Ultra Original Dish Soap    Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.59.

Issued

Jun 12, 2018

Abate by

Jul 16, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift:  (a) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer did not maintain the required safety data sheets  for each hazardous chemical in the workplace, including, but not limited to, Dawn Ultra Original Dish Soap. Safety data sheets were stored in the  office and were only accessible to employees at the site by request. The employer had not adopted the Globally Harmonized System, as many of the maintained data sheets were in the materials safety data sheet format, when the safety data sheet format was available. This condition 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

Jun 12, 2018

Abate by

Jul 16, 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) Colorado Warners, LLC at 198 Sunlight Dr., Grand Junction, CO: On and around January 5, 2018, the employer did not provide employees with effective information and training on hazardous chemicals in their work area.  This condition exposed employees to chemical hazards during water damage remediation, including but not limited to Dawn Ultra Original Dish Soap.   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.