OSHA Inspection: CUSTOM CRUSHING & COMPANY

Issued

Aug 17, 2020

Abate by

Sep 21, 2020

Penalty

Initial $325 · Current $325

General-duty citation text

29 CFR 1903.19(d)(1): The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.   The employer did not provide the Occupational Safety and Health Administration certification and documentation of abatement as required for Citation #1, issued April 26, 2019.         ORIGINAL ITEM   AMENDED ITEM       ORIGINAL ITEM   AMENDED ITEM    1a   1a       9   8b    1b   1b       10   8c    1c   1c       11   11a    1d   1d       12   11b    1e   1e       13   11c    2   1f       14   11d    4a   4a       15a   15a    6   6a       15b   15b    7a   7a       16   15c    7b   7b       17   15d    7c   7c       18   18a    7d   7d       19   18b    7e   7e       20   18c    7f   7f       21   6b    7g   7g       22   22    8   8a       23   23

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 Reduced

Hazardous substances 9020

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:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not preform any monitoring to determine the levels of airborne asbestos during operations of removal and clean up of ACM. Employer engaged in mechanically chipping and pulverizing tile without wet methods as well as dry sweeping debris.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(1)(ii): Determinations of employee exposure were not made from breathing zone air samples that were representative of the 8-hour time weighted average and 30-minute short-term exposures for each employee:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not preform any 8-hour time weighted average and 30-minute short-term exposures monitoring to determine the levels of airborne asbestos during operations of removal and clean up of ACM. Employer engaged in mechanically chipping and pulverizing tile without wet methods as well as dry sweeping debris.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(1)(iii): The employer did not determine representative 30-minute short-term employee exposures on the basis of one or more samples representing 30-minute exposures associated with operations that were most likely to produce exposures above the excursion limit for employees in each work area: The employer did not determine representative 8-hour time weighted average employee exposure on the basis of one or more samples representing full-shift exposure for employees in each work area:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not preform any representative 30-minute short-term employee exposures on the basis of one or more samples representing 30-minute exposures associated with operations that were most likely to produce exposures above the excursion limit for employees in each work area monitoring to determine the levels of airborne asbestos during operations of removal and clean up of ACM. Employer engaged in mechanically chipping and pulverizing tile without wet methods as well as dry sweeping debris.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(3)(i): The employer failed to conduct daily monitoring that was representative of the exposure of each employee assigned to work in regulated areas and performing Class I or II work:      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not preform any daily monitoring to determine the levels of airborne asbestos during operations of removal and clean up of ACM. Employer engaged in mechanically chipping and pulverizing tile without wet methods as well as dry sweeping debris.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(4)(ii): Where there was a change in process, control equipment, personnel, work practices, or if the employer had any other reason to suspect that a change may have resulted in new or additional exposure above the PELs, the employer failed to institute exposure monitoring required under 29 CFR 1926.1101(f)(3), regardless of whether a "negative exposure assessment" was previously produced for a specific job: Note:  Applicable if change potentially resulted in new or additional exposure above the PEL and/or excursion limit.    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not preform any monitoring where there was a change in process, control equipment, personnel, work practices to determine the levels of airborne asbestos during operations of removal and clean up of ACM. Employer engaged in mechanically chipping and pulverizing tile without wet methods as well as dry sweeping debris.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(f)(2)(i): The employer failed to ensure that the exposure assessment was conducted in time to comply with requirements which are triggered by the exposure data or the lack of a negative exposure assessment    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not preform an exposure assessment to determine the levels of airborne asbestos during operations of removal and clean up of ACM. Employer engaged in mechanically chipping and pulverizing tile without wet methods as well as dry sweeping debris.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(3)(iii): Dust and debris containing asbestos containing material and presumed asbestos containing material were dry swept, shoveled or removed by other dry clean-up methods:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. After the tile had been removed, the dry ACM tile was swept into loosely made piles in the containment area. The  dry piles were then transferred to plastic bags using a large metal shovel.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(v)(D): Asbestos-containing material removed was not immediately bagged or wrapped, or kept wetted until transferred to a closed receptacle, no later than the end of the work shift:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not clean up piles of ACM tile by end of the work day everyday. Multiple large piles of removed, pulverized, ACM tile was observed within the containment areas. The piles were in a dry state and were left for at least 48 hours in the loosely made piles. The employer did not ensure that piles were transferred to a bag, closed receptacle or any other containment object at the end of the work shift.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(l)(2): Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal was not collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure contaminated waste and debris were sealed and labeled in impermeable bags.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 Reduced

Hazardous substances 9020

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:    The employer is failing to protect employees from respiratory hazards. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer failed to implement a respiratory program including fit tests, medical exams, training etc.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:      The employer is failing to protect employees from respiratory hazards. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not have a respiratory program in place including fit tests, medical exams, training etc.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

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: .        The employer is failing to protect employees from respiratory hazards. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure that employees completed a medical exam to determine if they are cleared to wear a respirator

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    The employer is failing to protect employees from respiratory hazards. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure that employees completed a fit test before they were required to wear tight fitting respirators.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:        The employer is failing to protect employees from respiratory hazards. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure that employees cleaned and sanitized respirators after leaving the containment room containing ACM.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:       The employer is failing to protect employees from respiratory hazards. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure that employees stored respirators in a way that protected them from sunlight and contamination. Respirators were placed on a window sill and left after being used in the regulated area containing ACM.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.134(k)(1)(i): The employer did not ensure that each employee could demonstrate knowledge of why the respirator was necessary and how improper fit, usage, or maintenance could compromise the protective effect of the respirator:        The employer is failing to protect employees from respiratory hazards. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure that employees could demonstrate knowledge of why the respirator was necessary and how improper fit, usage, or maintenance could compromise the protective effect of the respirator.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 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 each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. Employer did not ensure and require the use of protective covering while handling bags of ACM that had not been decontaminated. Employees had no coveralls, hood coverings, protective foot coverings or gloves while transferring the ACM material to the dumpster. Coveralls provided were not the correct material for dealing with asbestos.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(3): Contaminated clothing was not transported in sealed impermeable bags, or other closed, impermeable containers  and was not labeled in accordance with 29 CFR 1926.1101(k):      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure contaminated clothing was sealed and labeled in impermeable bags.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(i)(4)(i): The "competent person" did not examine work suits worn by employees at least once per work shift for rips or tears that may occur during the performance of work:      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure work suits were being inspected at least once per shift.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(2)(i): The employer did not establish a decontamination room or area for employees and equipment, adjacent to the regulated area, consisting of an impermeable drop cloth on the floor or horizontal working surface, for employees engaged in Class I work involving less than 25 linear or 10 square feet of thermal system insulation or surfacing asbestos containing material and for Class II and Class III asbestos work operations where exposures exceed a permissible exposure limit or where there was not negative exposure assessment produced before the operation:      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not construct a decontamination room that had a drop cloth on the floor. The room/area used for decontamination did not contain a drop cloth.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(2)(iii): For employees engaged in Class I work involving less than 25 linear or 10 square feet of thermal system insulation or surfacing asbestos containing material and for Class II and Class III asbestos work operations where exposures exceed a permissible exposure limit or where there was not negative exposure assessment produced before the operation work clothing was not cleaned with a HEPA vacuum before it was removed:      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not provided a HEPA vacuum for employees to use when exiting the regulated area and removing contaminated clothing.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(2)(iv): For employees engaged in Class I work involving less than 25 linear or 10 square feet of thermal system insulation or surfacing asbestos containing material and for Class II and Class III asbestos work operations where exposures exceed a permissible exposure limit or where there was not negative exposure assessment produced before the operation all equipment and containers filled with asbestos containing material was not cleaned prior to removing them from the equipment room or area:      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not provided a HEPA vacuum for employees to use to clean bags/containers filled with ACM waste before leaving the regulated area. Employee inside the containment area handed bags to employees outside of the containment area without cleaning the bags of ACM waste with a HEPA vacuum or any other sort of cleaning method. Equipment such as respirators and rubber boots were also worn or taken outside the containment area without being properly cleaned.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(j)(2)(v): For employees engaged in Class I work involving less than 25 linear or 10 square feet of thermal system insulation or surfacing asbestos containing material and for Class II and Class III asbestos work operations where exposures exceed a permissible exposure limit or where there was not negative exposure assessment produced before the operation, the employer did not ensure that employees enter and exit the regulated area through the equipment room or area:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure employees were using the equipment room to exit and enter.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(1)(ii): The employer shall include asbestos in the program established to comply with the Hazard Communication Standard (HCS) (� 1910.1200). The employer shall ensure that each employee has access to labels on containers of asbestos and safety data sheets, and is trained in accordance with the provisions of HCS and paragraphs (k)(9) and (10) of this section. The employer shall provide information on at least the following hazards: Cancer and lung effects.      The employer is failing to ensure that employees are informed of hazards in their workplace. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not develop and implement a Hazard communication plan that showed the possibility of cancer and lung effects from asbestos.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):    The employer is failing to ensure that employees are informed of hazards in their workplace. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not implement a Hazard communication plan that listed the chemicals being used onsite, including asbestos. Hazardous chemicals used at the jobsite include but are not limited to: asbestos containing floor tiles (between 6-20% chrysotile), mastic remover and solvents.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use      The employer is failing to ensure that employees are informed of hazards in their workplace. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not have any SDS sheets available for chemicals being used onsite, including asbestos. Hazardous chemicals used at the jobsite include but are not limited to: asbestos containing floor tiles (between 6-20% chrysotile), mastic remover and solvents.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $3,978 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1910.1200(h)(2): The employer did not provide employees with effective information on hazardous chemicals in their work area at the time of their initial assignment and whenever a new chemical hazard the employees have not previously been trained about was introduced into their work area. Employees were not informed of the following: the requirements of this section; any operations in their work area where hazardous chemicals are present; and, the location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets as required by this section.    The employer is failing to ensure that employees are informed of hazards in their workplace. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not have a list of hazardous chemicals and where they were being used or were located on site. Hazardous chemicals used at the jobsite include but are not limited to: asbestos containing floor tiles (between 6-20% chrysotile), mastic remover and solvents.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv):       The employer is failing to ensure that employees are informed of hazards in their workplace. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not conduct any HAZCOM training including methods and observations, physical and health properties, measure to take to avoid exposure and the details of hazard communication. Hazardous chemicals used at the jobsite include but are not limited to: asbestos containing floor tiles (between 6-20% chrysotile), mastic remover and solvents.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(iii): Training for Class I operations and for Class II operations that require the use of critical barriers and/or negative pressure enclosures, was not equivalent in curriculum, training method and length to the EPA Model Accreditation Plan (MAP) asbestos abatement workers training:      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  December 5th, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure the employees were trained to the equivalent of the EPA MAP asbestos abatement workers training.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(k)(9)(ii): Training was not provided prior to or at the time of initial assignment and/or at least annually thereafter for employees likely to be exposed in excess of a permissible exposure limit (PEL) and for employees performing Class I through IV asbestos operations:    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  December 5th, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure the employees were trained before starting and completing the asbestos abatement work. .

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(m)(1)(i)(A): The employer did not institute a medical surveillance program for all employees who for a combined total of 30 or more days per year are engaged in Class I, II and III work or are exposed at or above a permissible exposure limit or when no negative exposure assessment was available      The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not ensure a medical surveillance program was in place for employees who were completing Class II asbestos work for 30 days or more.

Issued

Apr 26, 2019

Abate by

Jul 1, 2020

Penalty

Initial $8,619 · Current $7,260 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(3)(i): On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with 29 CFR 1926.1101(e)(6) did not perform or supervise the following duties, as applicable as specified in 29 CFR 1926.1101(o)(3)(i)(A) through 29 CFR 1926.1101(o)(3)(i)(I):    The employer is failing to prevent employee exposure to asbestos hazards associated with abatement and removal activities. The condition was most recently observed on or about  November 2nd, 2018 at the facility located at 137 Hale Library, Manhattan, KS 66506. The employer did not perform or supervise the following activities:    a)  The competent person did not set up the regulated area, enclosure, or containment area.    b)  The competent person did not ensure (by on-site inspection) the integrity of the enclosure or containment.    c)  The competent person did not establish procedures to control entry to and exit from the enclosure or area.    d)  The competent person did not ensure that employees working within the enclosure wear personal protective equipment including but not limited to body coverings such as Tyvek suits, boot coverings, head coverings, and gloves.    e)  The competent person did not ensure through on-site supervision that employees set-up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements.      f)  The competent person did not ensure that employees use the hygiene facilities and observe the decontamination procedures specified in 1926.1101(j).    g)  The competent person did not ensure through on-site inspection that engineering controls are functioning properly and that employees are using proper work practices.    h)  The competent person did not ensure that the notification requirements in 1926.1101(k) were met.