OSHA Inspection: KACZMAR ENTERPRISES LLC

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $2,842 · Current $800 Reduced

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: (Construction Reference 1926.103)  (a) On and before 8/1/2019, at jobsite, for the employees wearing a 3M half face respirator and N95 respirator while sanding drywall and cleaning doors containing chemicals such as, but not limited to, silica and acetone.  The employer did not implement a worksite-specific respiratory protection program.  Abatement Note:  The Respiratory Protection Program shall include the following sections:  (1) Procedures for selecting respirators for use in the workplace; (2) Medical evaluations of employees required to use respirators; (3) Fit testing procedures for tight-fitting respirators; (4) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; (5) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; (6) Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere- supplying respirators (if used); (7) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; (8) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and (9) Procedures for regularly evaluating the effectiveness of the program.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $0 · Current $0

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 is fit tested or required to use the respirator in the workplace: (Construction Reference 1926.103)     (a) On and before 8/1/2019, at jobsite, for the employees wearing a 3M half face respirator and N95 respirator while sanding drywall and cleaning doors containing chemicals such as, but not limited to, silica and acetone.  The employees were not provided a medical evaluation prior to being required to wear the respirator.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $1,705 · Current $500 Reduced

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): (Construction Reference: 1926.59)  (a) On and before 8/1/2019, at jobsite, for the employees sanding drywall and cleaning doors containing chemicals such as, but not limited to, silica and acetone.  Employer did not develop a hazard communication program.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $0 · Current $0

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: (Construction Reference: 1926.59)  (a) On and before 8/1/2019, at jobsite, for the employees sanding drywall and cleaning doors containing chemicals such as, but not limited to, silica and acetone.  Training was not provided to employees regarding chemical hazards.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $2,842 · Current $800 Reduced

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 calculated as an 8-hour time-weighted average (TWA):          (a) On and before 8/1/2019, at jobsite, for the employees scraping paint off the house and replacing windows containing chemicals such as, but not limited to, lead. The employer did not conduct initial assessment of employees exposures to lead.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $2,842 · Current $800 Reduced

General-duty citation text

29 CFR 1926.62(e)(2)(i): The employer did not establish and implement a written compliance program to achieve compliance with 29 CFR 1926.62(c) prior to commencement of the job:  (a) On and before 8/1/2019, at jobsite, for the employees scraping paint off the house and replacing windows containing chemicals such as, but not limited to, lead.  The employer did not have a written lead program.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $2,842 · Current $800 Reduced

General-duty citation text

29 CFR 1926.62(h)(2): Where  possible, clean-up of floors and other surfaces where lead accumulated was not accomplished by vacuuming or other methods that minimized the likelihood of lead becoming airborne:  (a) On and before 8/1/2019, at jobsite, for the employees scraping paint off the house and replacing windows containing chemicals such as, but not limited to, lead.  The employer did not use vacuuming or other methods while the employees were dry sweeping, using a leaf blower, and shoveling debris containing lead.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $2,842 · Current $800 Reduced

General-duty citation text

29 CFR 1926.62(l)(1)(i): The employer did not include lead in the program established to comply with the Hazard Communication Standard (HCS) (� 1910.1200):   (a) On and before 8/1/2019, at jobsite, for the employees scraping paint off the house and replacing windows containing chemicals such as, but not limited to, lead.  The employer did not develop and implement a Hazard Communication Standard Program to include lead hazards.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2):  The employer did not ensure that employees using tight fitting face piece respirators pass an appropriate qualitative or quantitative fit test prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter: (Construction Reference 1926.103)  (a) On and before 8/1/2019, at jobsite, for the employees wearing a 3M half face respirator and N95 respirator while sanding drywall and cleaning doors containing chemicals such as, but not limited to, silica and acetone.  The employees were not fit tested, either qualitatively or quantitatively, prior to being required to use this respirator by the employer.

Issued

Oct 25, 2019

Abate by

Jun 8, 2020

Penalty

Initial $0 · Current $0

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: (Construction Reference 1926.103)  (a) On and before 8/1/2019, at jobsite, for the employees wearing a 3M half face respirator and N95 respirator while sanding drywall and cleaning doors containing chemicals such as, but not limited to, silica and acetone.  The employer did not implement storage procedures, respirators were laying on a table in the work area.