OSHA Inspection: MELMED CONSTRUCTION COMPANY, INC.

Issued

2018-09-26 00:00:00

Penalty

Initial $5174.00 · Current $2985.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(e)(1): All Class I, II and III asbestos work was not conducted within regulated areas. All other operations covered by this standard were not conducted within a regulated area where airborne concentrations of asbestos exceeded, or there was a reasonable possibility they may have exceeded a PEL. Regulated areas did not comply with the requirements of paragraphs (2), (3),(4) and (5) of this section:    a) 19 Kendall Road, East Brunswick, NJ - Single-family home     While employee(s) of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior, the employer did not establish a regulated area, demarcating the area where the Class II  asbestos work was being conducted or where debris from such asbestos work accumulated.    Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(8)(i): Labels were not affixed to all products containing asbestos and to all containers containing such products, including waste containers:   a) 19 Kendall Road, East Brunswick, NJ - Single-family home   While employee(s) of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior, the employer did not affix labels to all containers used to collect debris and wastes from the Class II asbestos work.  Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Penalty

Initial $5174.00 · Current $2985.00 Reduced

Hazardous substances 9020

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) 19 Kendall Road, East Brunswick, NJ - Single-family home     While employee(s) of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior, the employer did not have a competent person perform an assessment of anticipated exposure(s) and plan for control measures prior to the initiation of work, which presented the hazard of asbestos exposure.    Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(7)(i): All Class II work was not supervised by a competent person as defined in 29 CFR 1926.1101(b):  a)19 Kendall Road, East Brunswick, NJ - Single-family home   Employee(s) of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior, where the work was not supervised by a competent person.     Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Penalty

Initial $5174.00 · Current $2985.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(iii)(B): Each panel or shingle was not sprayed with amended water prior to removal:    a) 19 Kendall Road, East Brunswick, NJ - Single-family home     Employee(s) of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior without use of wet methods to control release of asbestos fibers.    Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Abate by

2018-11-13 00:00:00

Penalty

Initial $5174.00 · Current $2985.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(2)(i): The employer did not implement a respiratory protection program in accordance with � 1910.134 (b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator:    a) 19 Kendall Road, East Brunswick, NJ - Single-family home     Employee(s) of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior without the use of wet methods to control release of asbestos fibers.  The employer required that employees use N95 filtering facepiece respirators (dust masks) and did not have a respiratory protection program in place.    Violation occurred on or about August 30, 2018.    WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

2018-09-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(3)(iii)(A): The employer did not provide employees with an air-purifying half mask respirator, other than a filtering facepiece respirator, whenever the employees performed Class II or Class III asbestos work for which no negative exposure assessment is available:  a) 19 Kendall Road, East Brunswick, NJ - Single-family home   Employees of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior of the home without the use of wet methods to control release of asbestos fibers.  Air-purifying half mask respirators equipped with High Efficiency Particulate Air (HEPA) filters were not provided by the employer for the protection of employee(s) from airborne asbestos fibers. The employer required employees to wear and provided them with N95 filtering facepiece (dust masks) during the removal.  Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Penalty

Initial $5174.00 · Current $2985.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of asbestos that exceeded the TWA and/or excursion limit prescribed in paragraph (c) of this section, or for which a required negative exposure assessment was not produced, or for any employee performing Class I operations which involved the removal of over 25 linear or 10 square feet of TSI or surfacing ACM and PACM:    a) Employees of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior of the home without the use of wet methods to control release of asbestos fibers. A negative exposure assessment was not made by the employer and protective clothing such as but not limited to coveralls was not provided to employees performing the removal.     Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Abate by

2018-10-11 00:00:00

Penalty

Initial $5174.00 · Current $5174.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(iv)(A): Employees performing Class II work were not trained in all the elements included in 29 CFR 1926.1101(k)(9)(viii) and the specific work practices and engineering controls set forth in 29 CFR 1926.1101(g):  a) 19 Kendall Road, East Brunswick, NJ - Single-family home   Employees of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior of the home.  Training covering specific work practices and engineering controls, including but not limited to hands-on instruction and the use of wet methods was not provided to employee(s) performing such Class II asbestos work.  Violation occurred on or about August 30, 2018.  WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

2018-09-26 00:00:00

Penalty

Initial $5174.00 · Current $2985.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(4)(ii): The employer did not promptly clean up and dispose of waste, debris and accompanying dust in an area containing accessible thermal system insulation or surfacing ACM/PACM or visibly deteriorated ACM, in leak tight containers:      a) 19 Kendall Road, East Brunswick, NJ - Single-family home     While employee(s) of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior, employees left this debris on the ground surrounding the exterior of the home. Employees did not clean up and dispose of debris generated from that Class II asbestos work until the next day.     Violation occurred on or about August 30, 2018.

Issued

2018-09-26 00:00:00

Abate by

2018-10-31 00:00:00

Penalty

Initial $415.00 · Current $796.00

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(n)(2)(iii): The employer did not maintain an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in paragraph (f) of this section, for at least thirty (30) years, in accordance with 29 CFR 1910.1020:    a) 19 Kendall Road, East Brunswick, NJ - Single-family home     Employees of Melmed Construction Company, Inc. removed existing cementitious asbestos-containing siding containing 10% Chrysotile asbestos from the exterior of the home.  The employer did not maintain records of any bulk sampling measurements obtained for the siding material.    Violation occurred on or about August 31, 2018.