OSHA Inspection: J M F DRYWALL INC.

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $3,349 · Current $1,700 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 (30ug/m3) calculated as an 8-hour time-weighted average (TWA):   a) On or about October 28, 2022, J M F Drywall Inc. 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 �g/m3) calculated as an 8-hour time-weighted average. Employees were required to remove and scrape paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

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) On or about October 28, 2022, J M F Drywall Inc. 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. Employees were required to remove and scrape paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $3,349 · Current $1,700 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) On October 28, 2022, in the absence of an employee exposure assessment, J M F Drywall Inc. did not provide employees with respiratory protection. Employees were required to remove and scrape paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building and were not provided with respiratory protection.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(f)(3)(i)(A): The employer did not select, and provide to employees, the appropriate respirators as specified in 29 CFR 1910.134(d)(3)(i)(A):   a) On October 28, 2022, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with respiratory protection.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $3,349 · Current $0 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) On October 28, 2022, in the absence of an employee exposure assessment, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with appropriate personal protective clothing, including coveralls and gloves.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(g)(1)(i): The employer did not provide, at no cost to the employee, and ensure that the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to coveralls or similar full-body work clothing:   a) On October 28, 2022, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with appropriate personal protective clothing such as coveralls.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(g)(1)(ii): The employer did not provide, at no cost to the employee, and ensure the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to gloves, hat, and shoes or disposable shoe coverlets:   a) On October 28, 2022, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with appropriate personal protective clothing such as gloves.  No abatement certification or documentation is required for this item.

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $3,349 · Current $1,700 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(C): 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 change areas in accordance with 29 CFR 1926.62(i)(2):  a) On October 28, 2022, in the absence of an employee exposure assessment, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with change areas.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(D): 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 hand washing facilities in accordance with 29 CFR 1926.62(i)(5):  a) On October 28, 2022, in the absence of an employee exposure assessment, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with hand washing facilities. The hands of an employee scraping paint were contaminated with 4,291.20 �g of lead.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

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) On October 28, 2022, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with change areas as an interim protection.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(i)(5)(i): The employer did not provide adequate handwashing facilities in accordance with 29 CFR 1926.51(f), for use by employees exposed to lead:  a) On October 28, 2022, J M F Drywall Inc. did not provide employees exposed to lead when removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with hand washing facilities. The hands of an employee scraping paint were contaminated with 4,291.20 �g of lead.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(i)(5)(ii): When showers were not provided, the employer did not ensure that employees washed their hands and face at the end of the work-shift:   a) On October 28, 2022, J M F Drywall Inc. not ensure that employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building washed their hands and face at the end of the work shift. The hands of an employee scraping paint were contaminated with 4,291.20 �g of lead.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $3,349 · Current $1,700 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) On October 28, 2022, in the absence of an employee exposure assessment, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building with biological monitoring, consisting of blood sampling and analysis for lead and zinc protoporphyrin levels.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

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) On or about October 28, 2022, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building  with an initial medical surveillance consisting of blood sampling and analysis for lead and zinc protoporphyrin levels.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $3,349 · Current $1,700 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(F): 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 training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication:  a) On October 28, 2022, in the absence of an employee exposure assessment, J M F Drywall Inc. did not provide employees removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building  with training.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(l)(1)(i): 29 CFR 1926.62(l)(1)(i): The employer did not include lead in the program established to comply with the Hazard Communication Standard (HCS) (29 CFR 1910.1200), ensure that each employee had access to labels on containers of lead and�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:  a) On October 28, 2022, J M F Drywall Inc. did not include lead in the program required to comply with the Hazard Communication Standard, did not ensure that each employee had access to labels and safety data sheets, and/or did not ensure that each employee was trained as required. Employees were removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): (Construction Reference: 1926.59)   a) On October 28, 2022, J M F Drywall Inc. did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling of containers of hazardous chemicals; 2) Safety data sheet availability; 3) Training of employees; 4) A complete list of hazardous chemicals known to be in the workplace; 5) Methods to inform employees of the hazards on non-routine tasks; and 6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.  Employees were exposed to chemicals, including but not limited to, lead, talc and kaolin, when painting the fa�ade of a three-story building.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1200(g)(1):  Employers did not have a safety data sheet in the workplace for each hazardous chemical which they used. (Construction Reference: 1926.59)   a) On October 28, 2022, J M F Drywall Inc. did not have a safety data sheet in the workplace for each hazardous chemical which employees used. Employees were exposed to chemicals, including but not limited to, lead, talc and kaolin, when painting the fa�ade of a three-story building.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: (Construction Reference: 1926.59)   a) On October 28, 2022, J M F Drywall Inc. did not provide employees that were painting the fa�ade of a three-story building with training on the hazardous chemicals in their work area. Employees were exposed to chemicals, including but not limited to, lead, talc and kaolin.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Mar 22, 2023

Abate by

Apr 17, 2023

Penalty

Initial $3,349 · Current $1,500 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) On October 28, 2022, J M F Drywall Inc. employees were dry-sweeping lead-contaminated dust and debris on the sidewalk after removing and scraping paint containing up to 30.9% lead from the decorative metal fascia of an existing three-story building.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).