OSHA Inspection: E. CONTRACTING INC.

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $5,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect employee health or whenever respirators are required by the employer, a written respiratory protection program that included the provisions in 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented:  a) 188 Erie St., Building #3 -  On or about and prior to October 1, 2019, the employer did not implement a written respiratory protection program with required worksite-specific procedures and elements for respirator use including selection, medical evaluation, fit-testing, training and inspection for employees who wore half-mask air-purifying respirators while performing hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint containing between 10.5% -16.6% lead by weight.    ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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:  a) 188 Erie St., Building #3 -  On or about and prior to October 1, 2019, employees wore half-mask air-purifying respirators while performing hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  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 used the respirator in the workplace.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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:  a) 188 Erie St., Building #3 -  On or about and prior to October 1, 2019, employees wore half-mask air-purifying respirators while performing hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint containing between 10.5% -16.6% lead by weight.  Employees were not fit-tested prior to the initial use of the respirator.   ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to employees who are required to wear respirators and ensure that they could demonstrate knowledge of the requirements contained in 1910.134(k)(1)(i) - (vii) including:  1)    Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect         of the respirator; 2)    What the limitations and capabilities of the respirator are; 3)    How to inspect, put on and remove, use, and check the seals of the respirator; 4)    What the procedures are for maintenance and storage of the respirator; 5)    How to recognize medical signs and symptoms that may limit or prevent the effective use of the respirator;        AND 6)    The general requirements of this section.   a) 188 Erie St., Building #3 -  On or about and prior to October 1, 2019, the employer did not provide training to employees who wore half-mask air-purifying respirators while performing hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight.    ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

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 (30 μg/m3) calculated as an 8-hour time-weighted average (TWA):  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 -  the employer did not collect personal samples representative of a full shift, including at least one sample either for each shift or for the shift with the highest exposure level, where employees performed hand sanding and orbital sanding of painted window sashes and doors with lead content that ranged between 10.5% - 16.6% and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(iii): The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level:  a)  188 Erie St., building #3 -  On or about and prior to October 1, 2019 -  the employer did not collect personal samples representative of full shift, including at least one sample either for each shift or for the shift with the highest exposure level, where employees performed hand sanding and orbital sanding of painted window sashes and doors with lead content that ranged between 10.5% - 16.6% and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  ABATEMENT CERTIFICATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f):  a) 188 Erie St., Building #3 -  On or about and prior to October 1, 2019 -  employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% - 16.6% lead by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not perform an employee exposure assessment as required under 29 CFR 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with appropriate respiratory protection as required by the standard.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(iv): Respirators were not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 -  employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% - 16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not perform an employee exposure assessment as required under 29 CFR 1926.62(d) in order to determine actual employee exposure.  Some employees donned 1/2 face air purifying respirators which were not appropriate for unknown concentrations of lead. The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with appropriate respiratory protection as required by the standard.   ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g):  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not perform an employee exposure assessment as required under 29 CFR 1926.62(d) and determine actual employee exposure.  The employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g).  Employees wore their street clothing while performing these tasks.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1): Where employees were exposed to lead above the permissible exposure limit, without regard to the use of respirators; where employees were exposed to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide); and as interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), the employer did not provide at no cost to the employee and ensure that each employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments:  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not perform an employee exposure assessment as required under 29 CFR 1926.62(d) and determine actual employee exposure.  The employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g).  Employees wore their street clothing while performing these tasks.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C): Prior to the performance of an employee exposure assessment as required under 29 CFR 1926.62(d), the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i)-(iv) interim protection, including  change areas in accordance with 29 CFR 1926.62(i)(2):  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not perform an employee exposure assessment as required under 29 CFR 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i) with change areas in accordance with 1926.62(i)(2).  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas as an interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), without regard to the use of respirators:  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not perform an employee exposure assessment as required under 29 CFR 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i) with change areas in accordance with 1926.62(i)(2).  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with biological monitoring in accordance with 1926.62(j)(1)(i), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels:  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not conduct biological monitoring in accordance with paragraph (j)(1)(i) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels.  NO ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(j)(1)(i): The employer did not make available initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level:  a)  188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not make available initial medical surveillance to employees who removed lead based paint from the window sashes and door frames.  NO ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F): Prior to the performance of an employee exposure assessment as required under 29 CFR 1926.62(d), the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i)-(iv) with training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication:  a) 188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg100/cm2 surface concentration.  The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with training as required under paragraph (l)(1)(i) of this section regarding hazard communication.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i):  The employer did not communicate information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry including, but not limited to, the requirements concerning warning labels, safety data sheets, employee information and training, and 29 CFR 1926.62(l), and ensure that all the following hazards were addressed: Reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects:  a) 188 Erie St., Building #3 -  On or about and prior to October 1, 2019 - employees performed hand sanding and orbital sanding of window sashes and door frames painted with lead-based paint.  Lead content ranged between 10.5% -16.6% by weight and between 18.02mg/100cm2 - 48.2mg/cm2 surface concentration.  The employer did not communicate, to employees, information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(3): Shoveling, dry or wet sweeping, and brushing were used when vacuuming or other equally effective methods were effective:  a) 188 Erie Street, Building #3 - Employees dry swept and shoveled dust and debris having lead content that ranged between 10.5% -16.6% by weight.  Other effective methods to minimize airborne lead concentrations, including use of HEPA-filter equipped vacuums, were not used.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Feb 25, 2020

Abate by

Mar 9, 2020

Penalty

Initial $9,446 · Current $4,750 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(4)(ii): The employer did not ensure that lunchroom facilities or eating areas were as free as practicable from lead contamination:  a) 188 Erie St., building #3 -  On or about and prior to October 1, 2019 -  The employer did not ensure that lunchroom facilities or eating areas were as free as practicable from lead contamination.  Employees were permitted to consume food and drink in work areas where lead surface contamination was found to be between 18.02mg/100cm2 - 48.2mg/cm2.  ABATEMENT DOCUMENTATION REQUIRED