OSHA Inspection: EMPACT CONSTRUCTION SERVICES, INC.

Issued

Apr 25, 2019

Abate by

May 29, 2019

Penalty

Initial $3,789 · Current $1,700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(d)(5): As supervisor of the entire project, the general contractor did not ascertain whether the asbestos contractor was in compliance with the asbestos standard, and did not require such contractor to come into compliance with this standard:    a) The employer, acting as a General Contractor, requested, directed and approved of sub-contractor employee(s) to conduct interior demolition.  While demolishing wall structures, subcontractor employee(s) damaged pipe(s) covered with ACM/PACM thermal system insulation.  The General Contractor did not require the sub-contractors performing demolition work to come into compliance with 1926.1101 asbestos standard.    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

Apr 25, 2019

Abate by

May 29, 2019

Penalty

Initial $3,789 · Current $1,700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(9): Class III asbestos work was not conducted using engineering and work practice controls which minimized the exposure to employees performing the asbestos work and to bystander employees:    a) On or about January 29, 2019, the employer did not ensure that their employees, conducting demolition activities, did not damage pipe thermal system insulation (TSI) containing 50% asbestos.  Employee(s) performed work likely to disturb ACM/PACM pipe TSI and did not use one or more of the following engineering and work practice controls: wet methods; local exhaust ventilation; impermeable drop-cloths; mini-enclosures; or glove bag systems, thereby exposing their employees to the hazards associated with asbestos.      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

Apr 25, 2019

Abate by

May 29, 2019

Penalty

Initial $3,789 · Current $1,700 Reduced

Hazardous substances 9020

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 this paragraph.  Respirators must be used during activities listed in sections (i) through (viii) of this paragraph.    a) On or about January 29, 2019, the employer did not ensure that their employees, while conducting demolition activities which damaged Presumed Asbestos Containing Material (PACM) in the Thermal System Insulation (TSI), used respiratory protection, thereby exposing them to the hazards associated with asbestos.      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

Apr 25, 2019

Abate by

May 29, 2019

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:  a) On or about January 29, 2019, the employer did not establish and implement a written respiratory protection program for required respirator use. Employees were exposed to asbestos while conducting demolition activities which damaged Presumed Asbestos Containing Material (PACM) in the Thermal System Insulation (TSI), used respiratory protection, thereby exposing them to the hazards associated with asbestos.   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

Apr 25, 2019

Abate by

May 29, 2019

Penalty

Initial $3,789 · Current $1,700 Reduced

Hazardous substances 9020

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 January 29, 2019, the employer did not institute a training program for employees conducting demolition activities likely to disturb ACM/PACM (Class III work) and cleaning up the resulting dust, waste and debris (Class IV work).  During their work, employees damaged pipe thermal system insulation (TSI) containing 50% asbestos, were to the hazards associated with asbestos.        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

Apr 25, 2019

Abate by

May 29, 2019

Penalty

Initial $3,789 · Current $1,700 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(1): The employer did not designate a competent person on construction worksites, having the qualifications and authorities for ensuring worker safety and health required by 29 CFR 1926.1101(C), General Safety and Health Provisions for Construction 29 CFR 1926.20 through 29 CFR 1926.32:    a) On or about January 29, 2019, the employer did not designate a competent person at 1124 W. Wilson Ave, Chicago, IL 60640. Employees were exposed to asbestos while conducting demolition activities which damaged Presumed Asbestos Containing Material (PACM) in the Thermal System Insulation (TSI).        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.