OSHA Inspection: C & E CONSTRUCTION OF SHEBOYGAN, LLC

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $4,915 · Current $2,438 Reduced

Hazardous substances 15919020

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable:  At the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not establish and implement a written respiratory program where respirators were necessary to protect the health of employees or whenever respirators are required by the employers in the following instances:  a) On or about June 8 through June 10, 2021, respirators were necessary to protect the health of employees and respirators were required by the employer while performing Class II work involving  asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing employees to the hazards associated with asbestos. b) On or about June 11, 2021, respirators were necessary to protect the health of employees while performing siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.  All provisions of 29 CFR 1910.134 (c)(1)(i) through (c)(1)(ix) must be contained in a written respiratory protection program and implemented, as applicable. Key elements include, but are not limited to the following:  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) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; 6) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 15919020

General-duty citation text

29 CFR  1910.134(c)(3):The employer shall designate a program administrator who is qualified by appropriate training or experience that is commensurate with the complexity of the program to administer or oversee the respiratory protection program and conduct the required evaluations of program effectiveness.  At the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness in the following instances:  a) On or about June 8 through June 10, 2021, respirators were necessary to protect the health of employees and respirators were required by the employer while performing Class II work involving  asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing employees to the hazards associated with asbestos. b) On or about June 11, 2021, respirators were necessary to protect the health of employees while performing siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not ensure that an employee required to wear a tight-fitting half-face respirator while performing Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms) passed a qualitative fit test (QLFT) or quantitative fit test (QNFT) prior to initial use, exposing an employee to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1910.134(k): This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not provide effective training to an employee that was required to use a respirator while performing Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing an employee to the hazards associated with asbestos.  All provisions of 29 CFR 1910.134(k)(1) through (k)(6) shall be provided to employees wearing respirators. Key elements include, but are not limited to the following:  1) Reason for respirators use 2) Respirator limitations and capabilities 3) Effective respirator inspection and use 4) Procedures for maintenance, care and storage of respirators 5) Recognition of signs/symptoms that may limit respirator use

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

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):  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, in the absence of an employee exposure assessment, the employer did not provide interim respiratory protection in accordance with paragraph (f) of 29 CFR 1926.62 while employees were performing task(s) specified in paragraph (d)(2)(i) of 29 CFR 1926.62, such as manual demolition, during siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(f)(2)(i):The employer must 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 1926.62 to use a respirator.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, in the absence of an employee exposure assessment, the employer did not implement a written respiratory protection program as interim protection in accordance with 29 CFR 1910.134 while employees were performing task(s) specified in paragraph (d)(2)(i) of 29 CFR 1926.62, such as manual demolition, during siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(h)(1): For employees who use respirators required by this 29 CFR 1926.1101, the employer must provide each employee an appropriate respirator that complies with the requirements of 29 CFR 1926.1101(h).  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not provide an appropriate respirator (AO Safety R5700 half face respirator, with Organic Vapor Cartridge) for an employee who used a respirator required by 29 CFR 1926.1101 while performing Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing an employee to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(h)(2)(i):The employer must 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.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer had not implemented a written respiratory protection program in accordance with 29 CFR 1910.134 when employees are required to wear respiratory protection while performing Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(m)(1)(i)(B): For employees otherwise required by this standard to wear a negative pressure respirator, employers shall ensure employees are physically able to perform the work and use the equipment. This determination shall be made under the supervision of a physician.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not ensure that a determination under the supervision of a physician was  performed to determine if an employee was physically able to perform the work and use a half-face tight-fitting elastomeric respirator while performing Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing an employee to the hazards associated with inadequate physical/physiological capability.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,106 · Current $1,053 Reduced

Hazardous substances 1591C141

General-duty citation text

29 CFR  1926.21(b)(2): The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to their environment to control or eliminate any hazards or other exposure to illness or injury while employees were performing siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead and 0.0168% cadmium, exposing employees to the hazards associated with inorganic lead and cadmium.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.62(d)(2)(v)(F): Training as required under paragraph (l)(1)(i) of 29 CFR 1926.62 regarding 29 CFR 1926.59, Hazard Communication; training as required under paragraph (1)(2)(iii) of 29 CFR 1926.62 regarding use of respirators; and training in accordance with 29 CFR 1926.21, Safety training and education.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, in the absence of an employee exposure assessment, the employer did not provide training as interim protection in accordance with paragraph (l)(1)(i) of 29 CFR 1926.62 and training in accordance with 29 CFR 1926.21 while employees were performing task(s) specified in paragraph (d)(2)(i) of 29 CFR 1926.62, such as manual demolition, during siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(9)(i):The employer shall train each employee who is likely to be exposed in excess of a PEL, and each employee who performs Class I through IV asbestos operations, in accordance with the requirements of this section. Such training shall be conducted at no cost to the employee. The employer shall institute a training program and ensure employee participation in the program.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not train each employee in accordance with 29 CFR 1926.1101 that performed Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,106 · Current $1,053 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(1)(i): Each employer who has a workplace or operation covered by 29 CFR 1926.62 shall initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30 g/m3) calculated as an 8-hour time-weighted average (TWA):  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not perform an initial determination to assess if any employees were exposed to lead at or above the action level. Employees may have been exposed to lead when performing siding replacement of wood siding coated in paint that contained up to 32.0820% lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(1)(iii):With the exception of monitoring under paragraph (d)(3), where monitoring is required under this section, the employer shall 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.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not collect personal samples representative of a full shift for each job classification to determine employee exposure to inorganic lead while performing siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,106 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(B): The employer shall provide to employees performing tasks described paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv) of 29 CFR 1926.62 with appropriate protective clothing and equipment in accordance with paragraph (g) of 29 CFR 1926.1101.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, in the absence of an employee exposure assessment, the employer did not provide appropriate protective clothing as interim protection in accordance with paragraph (g) of 29 CFR 1926.62 while employees were performing task(s) specified in paragraph (d)(2)(i) of 29 CFR 1926.62, such as manual demolition, during siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(g)(1): Where an employee is exposed to lead above the PEL without regard to the use of respirators, where employees are 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 paragraph (d)(2) of 29 CFR 1926.62, the employer shall provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments such as, but not limited to coveralls or similar full-body work clothing, gloves, hats, and shoes or disposable shoe coverlets, face shields, vented goggles, or other appropriate protective equipment which complies with 1910.133 of this chapter.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, in the absence of an employee exposure assessment, the employer did not provide appropriate protective clothing as interim protection while employees were performing task(s) specified in paragraph (d)(2)(i) of 29 CFR 1926.62, such as manual demolition, during siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,106 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(C):Change areas in accordance with paragraph (i)(2) of this section.The employer shall provide to employees performing tasks described paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii) and (d)(2)(iv) of 29 CFR 1926.62 with change areas in accordance with paragraph (i)(2) of 29 CFR 1926.62.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, in the absence of an employee exposure assessment, the employer did not provide change areas as interim protection in accordance with paragraph (i)(2) of 29 CFR 1926.62 while employees were performing task(s) specified in paragraph (d)(2)(i) of 29 CFR 1926.62, such as manual demolition, during siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(i)(2)(i): The employer shall provide clean change areas for employees whose airborne exposure to lead is above the PEL, and as interim protection for employees performing tasks as specified in paragraph (d)(2) of 29 CFR 1926.62 without regard to the use of respirators.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, in the absence of an employee exposure assessment, the employer did not provide change areas as  interim protection while employees were performing task(s) specified in paragraph (d)(2)(i) of 29 CFR 1926.62, such as manual demolition, during siding replacement of wood siding coated in paint that contained up to 32.0820% inorganic lead, exposing employees to the hazards associated with inorganic lead.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,809 · Current $1,404 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(f)(1)(i):Each employer who has a workplace or work operation where exposure monitoring is required under this section shall perform monitoring to determine accurately the airborne concentrations of asbestos to which employees may be exposed.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer had not performed exposure monitoring to determine accurately the airborne concentrations of asbestos to which employees may have been exposed to while conducting Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(f)(2)(i):Each employer who has a workplace or work operation covered by this standard shall ensure that a "competent person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer had not performed exposure monitoring to determine accurately the airborne concentrations of asbestos to which employees may have been exposed to while conducting Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,106 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(1)(i): The employer shall use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM, except as provided in paragraph (g)(8)(ii) of 29 CFR 1926.1101 in the case of roofing material.  On or about June 9, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not use engineering controls and work practices, regardless of the levels of exposure, in the form of vacuum cleaners equipped with HEPA filters to collect all waste, debris, and dust containing asbestos while conducting Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(1)(ii): The employer shall use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of wet methods, or wetting agents, to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup, except where employers demonstrate that the use of wet methods is infeasible due to for example, the creation of electrical hazards, equipment malfunction, and, in roofing, except as provide in paragraph (g)(8)(ii) of 29 CFR 1926.1101.  On or about June 9, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not use engineering controls and work practices, regardless of the levels of exposure, in the form of wet methods, or wetting agents, to control employee exposures during handling, mixing, removal, cutting, application, or cleanup of  materials containing asbestos while conducting Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(l)(2): Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal shall be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers except in roofing operations, where the procedures specified in paragraph (g)(8)(ii) of 29 CFR 1926.1101.  On or about June 9, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not collect and dispose of asbestos waste, scrap, debris, bags, containers equipment, or contaminated clothing consigned for disposal in labeled bags while conducting Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,809 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(7)(i): All Class II work shall be supervised by a competent person as defined in paragraph (b) of 29 CFR 1926.1101.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not ensure that a competent person supervised Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(o)(1): On all construction worksites covered by this standard, the employer shall designate a competent person, having the qualifications and authorities for ensuring worker safety and health required by Subpart C, General Safety and Health Provisions for Construction (29 CFR 1926.20 through 1926.32).  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not designate a competent person having the qualifications and authorities who is capable of ensuring worker safety and health where employees performed Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,809 · Current $0 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, shall be prohibited unless the employer can demonstrate that methods less likely to result in asbestos fiber release cannot be used.  On or about June 8 through June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did ensure that breaking of siding shingles did not occur during Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms), exposing the employees to the hazards associated with asbestos. The employer did not demonstrate that methods less likely to result in asbestos fiber release could not be used.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $2,106 · Current $0 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(i)(1):General. The employer shall provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for any employee exposed to airborne concentrations of asbestos that exceed the TWA and/or excursion limit prescribed in paragraph (c) of 29 CFR 1926.1101, or for which a required negative exposure assessment is not produced, or for any employee performing Class I operations which involve the removal of over 25 linear or 10 square feet of TSI or surfacing ACM and PACM.  On or about June 10, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings during Class II work involving asbestos-containing siding shingles containing up to 10.0000% asbestos (all forms) and without a negative exposure assessment, exposing the employees to the hazards associated with asbestos.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $394 · Current $394

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(e)(1)(i): Determinations of airborne exposure levels shall be made from air samples that are representative of each employee's exposure to inorganic arsenic over an eight (8) hour period.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not perform an initial determination of the workplace to determine airborne concentrations of inorganic arsenic to which employees were exposed during siding replacement of wood siding coated in paint that contained up to 0.0019% inorganic arsenic, exposing employees exposing employees to the hazards associated with inorganic arsenic.  Construction Reference: 29 CFR 1926.1118 NOTE: The requirements applicable to construction work under this section are identical to those set forth at 29 CFR 1910.1018 of this chapter.

Issued

Dec 1, 2021

Abate by

Dec 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR  1926.1127(d)(1)(i):Prior to the performance of any construction work where employees may be potentially exposed to cadmium, the employer shall establish the applicability of this standard by determining whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level. The employer shall designate a competent person who shall make this determination. Investigation and material testing techniques shall be used, as appropriate, in the determination. Investigation shall include a review of relevant plans, past reports, material safety data sheets, and other available records, and consultations with the property owner and discussions with appropriate individuals and agencies.  On or about June 11, 2021 at the worksite located at 2122 Henry Street, Sheboygan, Wisconsin 53081, the employer did not determine whether cadmium is present in the workplace and whether there is the possibility that employee exposures will be at or above the action level to while performing siding replacement of wood siding coated in paint that contained up to 0.0168% cadmium, exposing employees to the hazards associated with cadmium.