OSHA Inspection: APEX CONTRACTING & RESTORATION LLC

Issued

Nov 25, 2019

Abate by

Dec 6, 2019

Penalty

Initial $5,304 · Current $3,300 Reduced

General-duty citation text

29 CFR 1926.28(a): The employer did not require the wearing of appropriate personal protective equipment in all operations where there was an exposure to hazardous conditions.    (a) On August 14, 2014, Apex Contracting & Restoration, LLC did not ensure that  an employee spraying Polyset Roof Tile Adhesive AH-160 (Part A and B), which contained 30-50% of 4,4'Diphenylmethane diisocyanate (MDI), to the roof surface, used hand protection.     b)  On August 14, 2014, Apex Contracting & Restoration, LLC did not ensure that an employee assisting another employee with gluing roof tiles using Polyset Roof Tile Adhesive AH-160 (Part A and B), which contained 30-50% of 4,4'Diphenylmethane diisocyanate (MDI), used hand protection that was not damaged and torn.       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

Nov 25, 2019

Abate by

Dec 6, 2019

Penalty

Initial $3,789 · Current $2,700 Reduced

General-duty citation text

29 CFR 1926.102(a)(1): The employer did not ensure that each affected employee used appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.    (a) On August 14, 2019, Apex Contracting & Restoration, LLC did not ensure that employees spraying Polyset Roof Tile Adhesive AH-160 (Part A and B), which contained 30-50% of 4,4'Diphenylmethane diisocyanate (MDI), to the roofing surface, were wearing appropriate eye or face protection.    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

Nov 25, 2019

Abate by

Dec 20, 2019

Penalty

Initial $3,789 · Current $2,700 Reduced

Hazardous substances S103

General-duty citation text

29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and properly implement the engineering controls, work practices specified for the task in Table 1, unless the employer assessed and limited the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.    (a) On August 14, 2019, Apex Contracting & Restoration, LLC did not fully and properly implement engineering controls and work practices, as specified in Table 1 when an employee was dry cutting concrete roof tiles, containing 10% crystalline  silica (Quartz), with a handheld electric-powered Makita Angle Grinder, Model 9557NB.     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

Nov 25, 2019

Abate by

Dec 20, 2019

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  (a) On August 14, 2019, Apex Contracting & Restoration, LLC did not assess the employee's exposure to respirable crystalline silica when an employee was dry cutting roof tiles containing 10% crystalline silica with a handheld electric-powered Makita Angle Grinder.  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

Nov 25, 2019

Abate by

Dec 20, 2019

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1926.1153(i)(2)(i)(C): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used:  (a) On August 14, 2019, Apex Contracting & Restoration, LLC did not ensure that the silica training provided to the employees covered the protective measures including engineering controls, work practices and respiratory protection implemented to protect employees from exposure to respirable crystalline silica.   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

Nov 25, 2019

Abate by

Dec 20, 2019

Penalty

Initial $5,304 · Current $3,300 Reduced

General-duty citation text

29 CFR 1926.59: The requirements applicable to construction work under this section are identical to those set forth at   1910.1200 of this chapter.    29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:     (a) On August 14, 2019, Apex Contracting & Restoration, LLC did not ensure that the employees spraying Polyset Roof Tile Adhesive AH-160 (Part A and B), which contained 30-50% of 4,4'Diphenylmethane diisocyanate (MDI), were provided training on the health hazards associated to the chemical.     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.