OSHA Inspection: EDBAUER CONSTRUCTION

Issued

Sep 28, 2022

Abate by

Dec 16, 2022

Penalty

Initial $6,164 · Current $4,000 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) Route 322 & Oaks Road, South Dayton, NY - On or about 6/2/2022 through 6/8/2022, employees performed torch burning operations of surfaces contaminated with lead based paint.   The employer did not provide  employees performing the torch burning operation as described in (d)(2)(iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f) of the standard, which requires a respirator be provided having an Assigned Protection Factor (APF) of greater than 50 for exposures to lead in excess of 2,500ug/m3, per 29 CFR 1910.134 Table 1.   Employees were provided half-mask air-purifying respirators having an APF of 10 while performing the torch burning operation.   ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 28, 2022

Abate by

Dec 16, 2022

Penalty

Initial $6,164 · Current $4,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(e)(2)(ii)(A): The written compliance program established by the employer did not include a description of each activity in which lead was emitted, for example, equipment used, material involved, controls in place, crew size, employee job responsibilities, operating procedures, and maintenance practices:  a) Route 322 & Oaks Road, South Dayton NY - On or about 6/2/2022 through 6/8/2022, the employer's Lead Health & Safety Program did not address torch cutting of materials coated with lead based paint.   ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 28, 2022

Abate by

Dec 16, 2022

Penalty

Initial $6,164 · Current $4,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(l)(2):The employer did not ensure that each employee was trained in the elements listed in paragraphs (i) through (viii) of this section:  a) Route 322 & Oaks Road, South Dayton NY - On or about 6/2/2022 through 6/8/2022, employees were  performing torch cutting and needling of surfaces contaminated with lead based paint.  The employer did not include lead in the program established to comply with the Hazard Communication Standard (HCS) (29 CFR 1910.1200) and ensure that each employee had access to safety data sheets; was trained in accordance with the provisions of the Hazard Communication Standard 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.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 28, 2022

Abate by

Dec 16, 2022

Penalty

Initial $6,164 · Current $4,000 Reduced

Hazardous substances 9000

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, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a) Route 322 & Oaks Road, South Dayton NY - On or about and prior to 6/23/22 , employees used an excavator and jack hammers to break up and bust concrete.  The demolition was conducted without the use of water or a dust suppressant to minimize dust emissions.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 28, 2022

Abate by

Dec 16, 2022

Penalty

Initial $6,164 · Current $4,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(f)(1):  The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure were feasible.  a) Route 322 & Oaks Road, South Dayton NY - On or about and prior to 6/23/22, the employer allowed dry sweeping where such activity could contribute to employee exposure to crystalline silica.  Employees dry swept and then shoveled concrete debris potentially containing crystalline silica.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 28, 2022

Abate by

Oct 6, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.62(n)(1)(ii)(D):Exposure monitoring records did not include the name, and job classification of the employee monitored and of all other employees whose exposure the measurement was intended to represent:  a) Route 322 and Oaks Road, South Dayton NY - On or about 6/23/22, exposure monitoring records, for lead monitoring conducted on 6/2/22, did not contain the job classifications of the employees monitored, or the names of other employees whose exposure the measurement was intended to represent.