OSHA Inspection: 1212 LAKE SHORE DRIVE CONDOMINIUM ASSOCIATION

Issued

Nov 27, 2018

Abate by

Dec 7, 2018

Penalty

Initial $2,217 · Current $1,000 Reduced

Hazardous substances 1430

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:    (a) On July 17, 2018, splash googles for protection against the hazards of Muriatic (Hydrochloric) Acid were not provided by the employer to each affected employee engaged in the cleaning of the condominiums swimming pool.      In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 27, 2018

Abate by

Dec 7, 2018

Penalty

Initial $5,174 · Current $2,690 Reduced

Hazardous substances 05601430

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) The employer did not evaluate the respiratory hazards and the employee exposures in the workplace.        1)      On July 17, 2018, the employer required maintenance employee(s) to use muriatic (hydrochloric) acid during the cleaning of the condominiums swimming pool, and did not evaluate the respiratory hazards present in the workplace.   2)      On or about August 7, and August 9, 2018, the employer required maintenance employee(s) to use a gas-powered pressure washer to remove lead-based paint in the buildings indoor car washing bay, and did not evaluate the respiratory hazards present in the workplace.         In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 27, 2018

Abate by

Dec 7, 2018

Penalty

Initial $2,217 · Current $1,276 Reduced

Hazardous substances 1430

General-duty citation text

29 CFR 1910.138(b): The employer did not base selection of appropriate hand protection on an evaluation of the performance characteristics of the hand protection relative to the tasks to be performed, conditions present, duration of use, and the hazards and potential hazards identified:    (a) On July 17, 2018, appropriate acid-resistant gloves for protection against the hazards of Muriatic (Hydrochloric) Acid were not provided by the employer to each affected employee engaged in the cleaning of the condominiums swimming pool.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Feb 21, 2019

Penalty

Initial $5,174 · Current $2,690 Reduced

Hazardous substances 1430

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.    (a) The employer did not maintain a list workplace chemicals including but not limited to swimming pool care chemicals such as Champion Hydrochloric (Muriatic) Acid, GLB TLC Poolcare Cleaner; PROtech pH minus; Champion 10% Pool Shock Liquid Chlorinator and all-purpose detergents such as Spartan Chemical Co. Inc. SD20 All Purpose Cleaner,   (containing hazardous chemicals such as hydrochloric acid, orthophosphoric acid, alcohol ethoxylate, sodium Hypochlorite).    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Feb 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1430

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s):    (a) The employer did not have readily accessible to the employees a Safety Data Sheet for each hazardous chemical in the workplace, including but not limited to swimming pool care chemicals Champion Hydrochloric (Muriatic) Acid, GLB TLC Poolcare Cleaner; PROtech pH minus; Champion 10% Pool Shock Liquid Chlorinator and all-purpose detergents Spartan Chemical Co. Inc. SD20 All Purpose Cleaner (containing hazardous chemicals such as hydrochloric acid, orthophosphoric acid, alcohol ethoxylate, sodium Hypochlorite).    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Nov 27, 2018

Abate by

Feb 21, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 05601430

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) The employer did not provide maintenance employee(s) with training regarding the health hazards of workplace chemicals including but not limited to swimming pool care chemicals Champion Hydrochloric (Muriatic) Acid, GLB TLC Poolcare Cleaner; PROtech pH minus; Champion 10% Pool Shock Liquid Chlorinator; all-purpose detergents Spartan Chemical Co. Inc. SD20 All Purpose Cleaner (containing hazardous chemicals such as hydrochloric acid, orthophosphoric acid, alcohol ethoxylate, sodium Hypochlorite), and carbon monoxide released during the use of gas-powered pressure washers.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Jan 15, 2019

Penalty

Initial $3,696 · Current $1,922 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 ug/m3) calculated as an 8-hour time-weighted average (TWA):    (a) The employer did not perform an initial determination to assess if any employee(s) were exposed to Lead at or above the Action Level.  Maintenance employee(s) were exposed to and were contaminated with lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominium garage car wash bay.      In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Jan 15, 2019

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:  (a) 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 to assess worker(s) exposure to Lead.  Maintenance employee(s) were exposed to and were contaminated with lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominium garage car wash bay.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Dec 21, 2018

Penalty

Initial $3,696 · Current $1,922 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(ii): When the employer had any reason to believe that employee(s) had been exposed to lead in excess of the Permissible Exposure Limit (PEL) while performing a task not listed in 29 CFR 1926.62(d)(2)(i), until the employer performed an employee exposure assessment as required by 29 CFR 1926.62(d) and documented that the employee's lead exposure was not above the PEL, the employer did not treat the employee as if the employee was exposed above the PEL and did not implement employee protective measures as prescribed in 29 CFR 19126.62(d)(2)(v):    (a) In the absence of employee exposure assessments, the employer did not provide employees with protective measures prescribed in paragraph (d)(2)(v) of this section.  Maintenance employee(s) who were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominium's garage car wash bay, were not provided with respiratory protection, personal protective clothing or coveralls, gloves, hats, boots, face shields or goggles and training on the health hazards of lead.        In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Dec 21, 2018

Penalty

Initial $0 · Current $0

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):  (a) The employer did not provide appropriate respiratory protection to maintenance employee(s) who were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominiums car wash bay.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Dec 21, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(iv): Appropriate respiratory protection was not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):  (a) The employer did not provide appropriate respiratory protection to maintenance employee(s) who were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominiums car wash bay.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Dec 21, 2018

Penalty

Initial $0 · Current $0

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):  (a) The employer did not provide appropriate personal protective equipment including coveralls, gloves, hats, and face and eye protection to maintenance employee(s) who were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominium's car wash bay.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Dec 21, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1): Where an employee is exposed to lead above the PEL without regard to the use of respirators, where employees are exposed to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide), and as interim protection for employees performing tasks as specified in paragraph (d)(2) of this section, the employer did not provide at no cost to the employee and/or did not assure that the employee used appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments such as, but not limited to the requirements of (i) through (iii):  (a) The employer did not provide appropriate personal protective equipment including coveralls, gloves, hats, and face and eye protection to maintenance employee(s) who were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominium's car wash bay.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Jan 15, 2019

Penalty

Initial $0 · Current $0

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 as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication, and training as required under paragraph (l)(2)(iii) of this section regarding the use of respirators:  (a) The employer did not train and inform each affected employee regarding Lead, in the interim, until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations in this section.  Workers were not informed of Lead health hazards including but not limited to reproductive and developmental toxicity; nervous system, renal and hematopoietic effects; acute toxicity; and proper use of respiratory protection (purpose, selection, fitting, use and limitations).  Employee(s) were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominium's car wash bay.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Jan 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i): 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.  (a) The employer did not provide information and training to workers regarding the health hazards of Lead listed in paragraphs (A) through (E) of this section, addressing at least: reproductive and developmental toxicity; nervous system, renal and hematopoietic effects and acute toxicity outcomes.  Employee(s) were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominiums car wash bay.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Nov 27, 2018

Abate by

Jan 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(2): The employer did not ensure that each employee was trained in the elements listed in paragraphs (i) through (viii) of this section:  (a) The employer did not train and inform workers regarding Lead, covering the elements listed in paragraphs (i) through (viii) of this section, which include but are not limited to: specific operations resulting in exposures; aspects of respiratory protection; the medical surveillance program and use of chelating agents; and applicable engineering controls and work practices.  Employee(s) were exposed to lead when using pressure washers to remove the old paint (containing up to 5.7% lead) in the condominium's car wash bay.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.