OSHA Inspection: HEARTLAND BUILDING & DESIGN, LLC

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $2,113 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:    Beginning March 25, 2019, through March 29, 2019, the employer did not ensure that class II asbestos work was conducted in a regulated area.    a) Employees were tasked with removing resilient flooring in the kitchen area of unit A, which tested positive for asbestos, and the work area was not established as a regulated area.    b) Employees were tasked with removing resilient flooring in the kitchen area of unit B, which tested positive for asbestos, and the work area was not established as a regulated area.    c) Employees were tasked with removing resilient flooring in the kitchen area of unit C, which tested positive for asbestos, and the work area was not established as a regulated area.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $2,113 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:    Beginning March 25, 2019, through March 29, 2019, exposure monitoring was not conducted for employees performing class II work.    a) No exposure monitoring was conducted for employees that were tasked with removing resilient flooring in the kitchen area of unit A, which tested positive for asbestos.    b) No exposure monitoring was conducted for employees that were tasked with removing resilient flooring in the kitchen area of unit B, which tested positive for asbestos.    c) No exposure monitoring was conducted for employees that were tasked with removing resilient flooring in the kitchen area of unit C, which tested positive for asbestos.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $2,113 Reduced

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):    Beginning March 25, 2019, through March 29, 2019, the employer did not ensure that a competent person, as defined by the standard, supervised the class II asbestos work:     a) Employees were tasked with removing resilient flooring in the kitchen area of unit A, which tested positive for asbestos.    b) Employees were tasked with removing resilient flooring in the kitchen area of unit B, which tested positive for asbestos.    c) Employees were tasked with removing resilient flooring in the kitchen area of unit C, which tested positive for asbestos.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(7)(iv): All Class II asbestos work was not performed using the work practices and requirements set out in 29 CFR 1926.1101(g)(1)(i) through (g)(1)(iii):    Beginning March 25, 2019 through March 29, 2019, the employer did not ensure that class II asbestos work was conducted using the required work practices, including HEPA vacuums, wet methods and proper clean up and disposal of asbestos waste.    a) Employees were tasked with removing resilient flooring in the kitchen area of unit A, which tested positive for asbestos, and did not use HEPA vacuums, wet methods and proper clean up and disposal of asbestos waste.    b) Employees were tasked with removing resilient flooring in the kitchen area of unit B, which tested positive for asbestos, and did not use HEPA vacuums, wet methods and proper clean up and disposal of asbestos waste.    c) Employees were tasked with removing resilient flooring in the kitchen area of unit C, which tested positive for asbestos, and did not use HEPA vacuums, wet methods and proper clean up and disposal of asbestos waste.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(C): Resilient sheeting was not removed by cutting with wetting of the snip point and wetting during delamination:  Beginning March 25, 2019, through March 29, 2019, the employer did not ensure that the resilient sheeting was properly removed by cutting with wetting of the snip point and wetting during delamination.  a) Employees tasked with removing resilient flooring in the kitchen area of unit A, which tested positive for asbestos, were not required to properly remove it by cutting with wetting of the snip point and wetting during delamination.  b) Employees tasked with removing resilient flooring in the kitchen area of unit B, which tested positive for asbestos, were not required to properly remove it by cutting with wetting of the snip point and wetting during delamination.  c) Employees tasked with removing resilient flooring in the kitchen area of unit C, which tested positive for asbestos, were not required to properly remove it by cutting with wetting of the snip point and wetting during delamination.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(D): All scraping of residual adhesive and/or backing was not performed using wet methods:  Beginning March 25, 2019, through March 29, 2019, the employer did not ensure that the residual adhesive and/or backing on the resilient sheeting was performed using wet methods.  a) Employees tasked with removing resilient flooring in the kitchen area of unit A, which tested positive for asbestos, were not required to properly remove it using wet methods.  b) Employees tasked with removing resilient flooring in the kitchen area of unit B, which tested positive for asbestos, were not required to properly remove it using wet methods.  c) Employees tasked with removing resilient flooring in the kitchen area of unit C, which tested positive for asbestos, were not required to properly remove it using wet methods.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(E): Dry sweeping was not prohibited:  Beginning March 25, 2019, through March 29, 2019, the employer did not ensure that dry sweeping was prohibited when cleaning up debris from removal of asbestos containing resilient flooring.  a) Employees tasked with removing resilient flooring in the kitchen area of unit A, were not prohibited from dry sweeping when cleaning up debris that contained asbestos.  b) Employees tasked with removing resilient flooring in the kitchen area of unit B, were not prohibited from dry sweeping when cleaning up debris that contained asbestos.  c) Employees tasked with removing resilient flooring in the kitchen area of unit C, were not prohibited from dry sweeping when cleaning up debris that contained asbestos.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(g)(8)(i)(I): Resilient flooring material including associated mastic and backing were not assumed to be asbestos-containing:  Beginning March 25, 2019, through March 29, 2019, the employer did not assume the resilient flooring material and associated mastic and backing was asbestos containing.  a) The employer did not assume the resilient flooring and associated mastic and backing in the kitchen area of unit A, was asbestos containing.  b) The employer did not assume the resilient flooring and associated mastic and backing in the kitchen area of unit B, was asbestos containing.  c) The employer did not assume the resilient flooring and associated mastic and backing in the kitchen area of unit C, was asbestos containing.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $2,113 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1)(iii): Respirators were not used during Class II and III asbestos jobs where wet methods were not used:     Beginning March 25, 2019, through March 29, 2019, the employer did not assure that respirators were used during the removal of the resilient flooring material and associated mastic and backing.    a) The employer did not assure the use of respirators when employees removed the resilient flooring and associated mastic and backing, which contained asbestos, in the kitchen area of unit A.    b) The employer did not assure the use of respirators when employees removed the resilient flooring and associated mastic and backing, which contained asbestos, in the kitchen area of unit B.    c) The employer did not assure the use of respirators when employees removed the resilient flooring and associated mastic and backing, which contained asbestos, in the kitchen area of unit C.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

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:  Beginning March 25, 2019, through March 29, 2019, the employer did not implement a respiratory protection program for employees performing Class II work including the removal of the resilient flooring material and associated mastic and backing in the kitchen areas of units A, B, and C.  a) The employer did not implement a respiratory protection program for a laborer that was tasked with performing Class II work and removing resilient flooring material and associated mastic and backing that contained asbestos in the kitchen areas of units A, B, C.  b) The employer did not implement a respiratory protection program for a lead carpenter that was tasked with performing Class II work and removing resilient flooring material and associated mastic and backing that contained asbestos in the kitchen areas of units A, B, C.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9020

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, whenever the employee(s) performed Class II and III asbestos jobs where no negative exposure assessment was available:  Beginning March 25, 2019, through March 29, 2019, the employer did not provide half-mask air purifying respirators during the removal of the resilient flooring material and associated mastic and backing.  a) The employer did not provide half-mask air-purifying respirators when employees removed the resilient flooring and associated mastic and backing, which contained asbestos, in the kitchen area of unit A.  b) The employer did not provide half-mask air-purifying respirators when employees removed the resilient flooring and associated mastic and backing, which contained asbestos in the kitchen area of unit B.  c) The employer did not provide half-mask air-purifying respirators when employees removed the resilient flooring and associated mastic and backing, which contained asbestos, in the kitchen area of unit C.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $0 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:    Beginning March 25, 2019, through March 29, 2019, the employer did not provide and require the use of protective closing, such as coveralls or similar whole body clothing, head coverings, gloves and foot coverings for employees performing Class II work for which a negative exposure assessment was not produced.    a) The employer did not provide and require the use of protective closing during the removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units A.     b) The employer did not provide and require the use of protective closing during the removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units B.     c) The employer did not provide and require the use of protective closing during the removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units C.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $3,978 · Current $2,113 Reduced

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):    Beginning March 25, 2019, through March 29, 2019, the employer did not provide training on all the elements and the specific work practices and engineering controls set forth in 29 CFR 1926.1101(g) for employees performing Class II work.    a) The employer did not provide the required training for employees tasked with removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units A.     b) The employer did not provide the required training for employees tasked with removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units B.    c) The employer did not provide the required training for employees tasked with removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units C.

Issued

Jul 11, 2019

Abate by

Aug 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(o)(4)(i): For Class I and II asbestos work the competent person was not trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard:  Beginning March 25, 2019, through March 29, 2019, the employer did not insure the competent person was trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard for employees performing Class II work.  a) The employer did not insure the competent person was properly trained for employees tasked with removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units A.   b) The employer did not insure the competent person was properly trained for employees tasked with removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units B.  c) The employer did not insure the competent person was properly trained for employees tasked with removal of the resilient flooring material and associated mastic and backing, which contained asbestos, in the kitchen area of units C.