OSHA Inspection: HILLSIDE CONSTRUCTION, INC.

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $4,096 · Current $2,600 Reduced

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) Hillside Construction, Inc. at 215 W. Oak St., Fort Collins, CO: On and around August 8, 2020, the exposing employer did not provide medical evaluations to determine each employee's ability to use a respirator, before the employee was fit tested or required to use a respirator in the workplace.  Three employees were required to wear filtering facepiece respirators during Class I asbestos work, taking down and cutting radiant heating tiles with ceiling insulation blankets, having  80% Chrysolite asbestos, but the employer had not provided Medical Evaluations for the use of the respirators. This condition may allow employees with pre-existing medical conditions to use respirators when they are not physically capable of doing so.  Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.  Abatement Note: When tight-fitting filtering facepieces voluntary usage is allowed by the employer, you must ensure that the workers are medically able to wear the respirators. Using a respirator may place a physiological burden on employees that varies with the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee. "Appendix C to Sec. 1910.134: OSHA Respirator Medical Evaluation Questionnaire" contains the mandatory information that employees must complete so that a physician (health care professional) may decide if it is appropriate for the employees to wear a respirator.

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $0 · Current $0

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) Hillside Construction, Inc. at 215 W. Oak St., Fort Collins, CO: On and around August 8, 2020, the exposing employer provided filtering facepiece respirators for required use but did not provide fit testing for employees. This condition exposed three employees to asbestos hazards during Class I asbestos work, taking down and cutting radiant heating tiles with ceiling insulation blankets, having  80% Chrysolite asbestos,  because the employer did not determine if the respirator was creating an effective seal on the employees face and providing effective respiratory protection.  Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  (a) Hillside Construction, Inc. at 215 W. Oak St., Fort Collins, CO: On and around August 8, 2020, the exposing employer provided filtering facepiece respirators to employees but did not provide the employees respiratory protection training. Three employees were required to wear filtering facepiece respirators during Class I asbestos work, taking down and cutting radiant heating tiles with ceiling insulation blankets, having  80% Chrysolite asbestos, but had not been provided the required training. This condition exposed employees to asbestos hazards.   Note: The requirements applicable to the construction standard under this section are identical to other set forth in 29 CFR 1926.103.  Abatement Note: Employees required to use respirators must be knowledgeable of the following: 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 use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; 4) How to inspect, put on and remove, use, and check the seals of the respirator; 5) What the procedures are for maintenance and storage of the respirator; 6) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and  7) The general requirements of this section.

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1101(h)(3)(i)(A):The employer did not select the appropriate respirators as specified in 29 CFR 1926.1101(h)(3)(i-iv):  (a) Hillside Construction, Inc. at 215 W. Oak St., Fort Collins, CO: On and around August 8, 2020, the exposing employer did not select the appropriate respirators. Three employees were required to wear filtering facepiece respirators during Class I asbestos work, taking down and cutting radiant ceiling heating tiles with ceiling insulation blankets, having  80% Chrysolite asbestos. Filtering facepiece respirator use is not allowed by 29 CFR  1926.1101(h)(3)(i)(A) for Class I asbestos work. This condition exposed employees to asbestos hazards.   Note: Requirements for selection of appropriate respirators for Class I asbestos work are listed in 29 CFR 1926.1101(h)(3)(iv)(A) and 29 CFR 1926.1101(h)(3)(iv)(B).

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.20(b)(2):The employer did not initiate and maintain programs which provided for frequent and regular inspections of the job site, materials and equipment to be made by a competent person(s):  a) Hillside Construction, Inc. at 215 W Oak St, Fort Collins, CO: On and around November 20, 2020, the controlling and exposing employer did not provide a competent person to provide frequent and regular inspections of the work site, where employees and subcontractor employees were exposed to electrical hazards. This condition exposed three employees and nine subcontractor employees to electrical hazards and resulted in two subcontractor employees being shocked by energized bare wires.

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.416(a)(1):Employees were permitted to work in proximity to electric power circuits and were not protected against electric shock by de-energizing and grounding the circuits or effectively guarding the circuits by insulation or other means:  a) Hillside Construction, Inc. at 215 W Oak St, Fort Collins, CO: On and around November 20, 2020, the controlling and exposing employer permitted three employees and nine subcontractor employees to work in proximity to electric power circuits but were not protected against electric shock by de-energizing and grounding the circuits or effectively guarding the circuits by insulation or other methods. This condition exposed three employees and nine subcontractor employees to electrical hazards and resulted in  the two subcontractor employees being shocked.

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $4,096 · Current $2,600 Reduced

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:  (a) Hillside Construction, Inc. at 215 W. Oak St., Fort Collins, CO: On and around August 8, 2020, the exposing employer failed to provide a negative exposure assessment and did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were exposed.  Employees were required to conduct Class I asbestos work, taking down and cutting radiant heating tiles with ceiling insulation blankets, having  80% Chrysolite asbestos, but were not monitored for exposure to airborne concentrations of asbestos. This condition exposed employees to asbestos hazards.

Issued

Feb 2, 2021

Abate by

Mar 8, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.1101(f)(2)(i):The employer with a work operation covered by the asbestos standard did not ensure that a "competent person" conducted an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace:  (a) Hillside Construction, Inc. at 215 W. Oak St., Fort Collins, CO: On and around August 8, 2020, the employer did not ensure that a competent person conducted an exposure assessment before the initiation of the operation to ascertain expected exposures during that operation. The Owner contracted an Accredited Asbestos Inspector to take bulk samples of asbestos that were used as objective data for a negative exposure assessment. A competent person did not review the objective data to determine that the Owner and Accredited Asbestos Inspector did not comply with 40 CFR 763.86, which required that samples be collected in a randomly distributed manner from homogenous areas of the presumed asbestos containing material in that they did not randomly sample or collect bulk samples from ceiling insulation blankets above radiant heating ceiling tiles in the plenum space and only collected bulk samples from a pile of insulation blankets of unknown origin on the floor of the 12th floor. Employees were required to conduct Class I asbestos work, taking down and cutting radiant heating tiles with ceiling insulation blankets, having  80% Chrysolite asbestos. This condition exposed employees to asbestos hazards.