OSHA Inspection: FRANK SHUART CONSTRUCTION, LLC

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 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 which complied with the requirements of 29 CFR 1926.1101(e), paragraphs (2), (3), (4) and (5):  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not ensure that Class II work, that included the removal of transite asbestos panels, was conducted within a regulated area, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 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:  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not perform monitoring to determine airborne concentrations of asbestos to which employees were potentially exposed to during the removal of transite asbestos containing panels, or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 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):  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not ensure that a competent person supervised Class II work during the removal of transite asbestos panels, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(8)(iii)(A): Cutting, abrading, or breaking siding, shingles, or transite panels was not prohibited:  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not prohibit the breaking of transite panels, on or about September 15, 2020.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(8)(iii)(B): Each panel or shingle was not sprayed with amended water prior to removal:  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home.  The employer did not ensure that amended water was used prior to removing transite asbestos panels, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(8)(iii)(C):Unwrapped or unbagged panels or shingles were not immediately lowered to the ground via covered dusttight chute, crane or hoist, or placed in an impervious waste bag or wrapped in plastic sheeting and lowered to the ground no later than the end of the work shift:  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not ensure that transite asbestos containing panels were lowered to the ground and placed in an impervious waste bag, or wrapped in plastic sheeting, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

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:  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employee was required to wear an N95 filtering facepiece respirator. The employer did not develop and implement a written respiratory protection program, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(h)(3)(i)(A): The employer selected or used filtering facepiece respirator against asbestos fibers:   a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employee wore an N95 filtering facepiece respirator. The employer did not ensure that affected employees utilized appropriate respiratory protection to protect against inhalable asbestos fibers, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 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:  a) Exterior Rear of Single Family Frame Home: An employee was required to remove transite asbestos panels, containing 15% chrysotile asbestos from a residential home, and was not provided with protective clothing.  The employer did not produce a negative exposure assessment and did not require the use of protective clothing for an employee assigned to remove transite asbestos panels, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(1)(ii):The employer did not include asbestos in the program established to comply with the Hazard Communication Standard (HCS) and ensure each employee was trained in accordance with the provisions of the HCS and paragraphs (k)(9) and (10) of this section. The employer did not provide information on at least the following hazards: Cancer and lung effects.  a) Exterior Rear of Single Family Frame Home: An employee assigned to remove transite asbestos panels, containing 15% chrysotile asbestos from a two story residential home, was not provided with information on hazards associated with exposure to asbestos. The employer did not provide information to affected employees on hazards associated with working and handling asbestos containing material, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 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):  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not provide training to affected employees on safe precautions of working and handling transite asbestos containing panels, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(3)(i): Before the employer permitted its own employees to perform work subject to this standard in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):   a) Exterior Rear of Single Family Frame Home:  An employee was assigned to remove transite asbestos panels, containing 15% chrysotile asbestos, from a two story residential home.  The employer did not identify the presence, location and quantity of asbestos containing material prior to allowing an employee to remove transite asbestos panels, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(o)(2):The employer did not perform the required inspections by the Competent Person as specified in 29 CFR 1926.20(b)(2):  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not ensure that inspections were performed by a competent person, on or about 9/15/20.

Issued

Mar 15, 2021

Abate by

Apr 8, 2021

Penalty

Initial $4,096 · Current $1,720 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1910.1200(e)(1):The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  a) Exterior Rear of Single Family Frame Home: Transite asbestos panels, containing 15% chrysotile asbestos were removed by hand, using a flat bar tool, on a two story residential home. The employer did not develop and implement a written hazard communication program, on or about 9/15/20.