OSHA Inspection: EARLY NEW ENGLAND RESTORATIONS, LLC

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $8000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(1)(i): The employer did not initially determine if any employee may be exposed to lead at or above the action level:   On or about December 21, 2022, the employer did not perform an initial determination of employee exposures to lead at or above the action level while  work operations covered by this standard were performed. Primers and Carpenters resurfaced historical lead-based painted windows and doors with various tools including a Milwaukee 8975-6 Dual Temperature Heat Gun, glaze putty scraper, and a 120V DeWALT Random Orbit Sander (DWE6423) in the following areas:    a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Lead Paint Removal Room (In Shop B): On or about December 21, 2022, the employer did not perform an initial determination of exposures based on the relevant considerations of information and observations that indicated employees were exposed to lead. Primers and Carpenters resurfaced historical lead-based painted windows and doors with a Milwaukee 8975-6 Dual Temperature Heat Gun and a 120V DeWALT Random Orbit Sander (DWE6423) in the Lead Paint Removal Room (aka Steam Room).   b) Shop B - Repair: On or about December 21, 2022, the employer did not perform an initial determination of exposures based on the relevant considerations of information and observations that indicated employees were exposed to lead when Carpenters worked with or were in the vicinity of dust that was suspended by either cleaning with compressed air or by sanding down lead-based painted windows and doors.     c) Spray Booth Room (In Shop C): On or about December 21, 2022, the employer did not perform an initial determination of exposures based on the relevant considerations of information and observations that indicated employees were exposed to lead. Painters and Carpenters resurfaced historical lead-based painted windows with orbital sanders such as the AST-322P ONYX 6" Finishing Palm Sander.  d) Field disassembly and Installation: On or about December 21, 2022, the employer did not perform an initial determination of exposures based on the relevant considerations of information and observations that indicated employees were exposed to lead. Carpenters working off-site in the field, disassembled and restored windows and doors by scraping and sanding material that suspended lead-based paint dust while working at a customer's home or building.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $6000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(A): In the interim, until the employer performs an employee exposure assessment as required under 29 CFR 1926.62(d) and determines actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i)(A) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f):   On or about December 21, 2022, without having performed an employee exposure assessment, the employer failed to provide employees who performed tasks described in 29 CFR 1926.62(d)(2)(i)(A) with the appropriate respiratory protection in accordance with the provisions of 29 CFR 1926.62(f). Employees were exposed in the following areas:    a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(f)(1)(iv): Appropriate respiratory protection was not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):   On or about December 21, 2022, the employer failed to provide employees with respiratory protection in accordance with the appropriate assigned protection factor (APF) for the presumed exposure above 500 ?g/m3 that required a protection factor of at least 25 for the 1926.62(d)(2)(i)(A) task covered by this requirement. Employees wore respirators that had an APF of 10 and less while performing tasks such as sanding, scraping, heat gun applications cleaning with compressed air, and emptying vacuumed dust while working with historical lead-based painted windows and doors in the following areas:    a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(2)(i): The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to use a respirator:   On or about December 21, 2022, the employer did not institute the required elements of a respirator program in accordance with 29 CFR 1910.134(b) through (d) that included, among others, having a written respiratory protection program with the selection of a respirator that was based on the specific respiratory hazards present. Primers, Carpenters, and Painters were required to wear elastomeric half-face respirators while painting and restoring historical lead-based painted windows and doors:  a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $6000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(B):  In the interim, until the employer performs an employee exposure assessment as required under 29 CFR 1926.62(d) and determines actual employee exposure, the employer did not provide employees, who performed the tasks described in 29 CFR 1926.62(d)(2)(i)(A), with the appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g):  On or about December 21, 2022, without having performed an employee exposure assessment, the employer failed to provide Primers, Painters, and Carpenters with the appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g). Employees performed tasks described in 29 CFR 1926.62(d)(2)(i)(A), manual scraping; manual sanding; and heat gun applications, in the following areas:  a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(g)(1)(i): At no cost to the employee, the employer did not ensure that employees used the appropriate protective work clothing and equipment to prevent contamination on their person or their garments such as coveralls or similar full-body work clothing, among others:  On or about December 21, 2022, the employer did not ensure that Carpenters and Primers used and/or were provided the appropriate protective work clothing and equipment to prevent contamination of the employee and their garments such as coveralls or similar full-body work clothing, among others. Employees performed dust suspending activities during the restoration of historical lead-based painted windows and doors in the following areas:  a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $6000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(C):  In the interim, until the employer performs an employee exposure assessment as required under 29 CFR 1926.62(d) and determines actual employee exposure, the employer did not provide employees, who performed tasks described in 29 CFR 1926.62(d)(2)(i)(A), with change areas in accordance with 29 CFR 1926.62(i)(2):   On or about December 21, 2022, employees who performed tasks specified in 29 CFR 1926.62(d)(2)(i)(A), which included manual scraping; manual sanding; and heat gun applications, were not provided with change areas as an interim protection during those processes in accordance with 29 CFR 1926.62(i)(2) in the following areas:  a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:  On or about December 21, 2022,  without regard to the use of respirators, employees performing tasks specified in 29 CFR 1926.62(d)(2)(i)(A) were not provided clean change areas as an interim protection measure during operations performed in the following areas:  a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $6000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(D):  In the interim, until an employee exposure assessment as required under 29 CFR 1926.62(d) and a determination of actual employee exposures could be made, in the absence of showers, the employer failed to ensure that employees who performed tasks described in 29 CFR 1926.62(d)(2)(i); (d)(2)(ii); (d)(2)(iii); and (d)(2)(iv) were provided with hand washing facilities in accordance with 29 CFR 1926.62(i)(5):  On or about December 21, 2022, when showers were not provided, the employer did not ensure that employees washed their hands and face at the end of their work-shift after engaging in 29 CFR 1926.62(d)(2)(i)(A) tasks, which included manual scraping; manual sanding; and heat gun applications. The operations were performed in the following areas:     a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 their work-shift:  On or about December 21, 2022, the employer did not ensure that the appropriate protective hygiene measures, including hand and face washing procedures at the end of every work-shift, were performed when operations specified in 29 CFR 1926.62(d)(2)(i)(A) were conducted by employees in the following locations:  a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $6000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(E):  In the interim, until the employer performs an employee exposure assessment as required under 29 CFR 1926.62(d) and determines actual employee exposure, the employer did not provide employees who performed tasks described in 29 CFR 1926.62(d)(2)(i)(A) with the opportunity to have biological monitoring in accordance with 1926.62(j)(1)(i), which would have consisted of blood sampling and analysis for lead and zinc protoporphyrin levels:   On or about December 21, 2022, in accordance with 1926.62(j)(1)(i), the employer did not make biological monitoring, consisting of blood sampling and analysis for lead and zinc protoporphyrin levels, available to each covered employee who performed tasks described in 29 CFR 1926.62(d)(2)(i)(A). Full-time regular and temporary workers performed dust suspending operations including sanding, cleaning with compressed air, and emptying vacuumed lead paint coated dust in the following areas:    a) Shop B - Repair b) Spray Booth Room (In Shop C) c) In the field during disassembly and installation

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(j)(1)(ii): The employer did not institute a medical surveillance program in accordance with 29 CFR 1926.62(j)(2) and (j)(3) for all employees who were or may have been exposed by the employer at or above the action level for more than 30 days in any consecutive 12 months:   On or about December 21, 2022, the employer failed to institute a medical surveillance program for all employees, including regular and temporary workers they supervised, who were or may have been exposed to lead at or above the action level for more than thirty days per year. Employees performed dust suspending operations with lead-based painted windows and doors that, among other tasks, included sanding, cleaning with compressed air, and emptying vacuumed dust that exposed them to inhalation,  skin contact, and ingestion hazards in the following areas:    a) Shop B - Repair b) Spray Booth Room (In Shop C) c) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $6000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v)(F): In the interim, until the employer performs an employee exposure assessment as required under 29 CFR 1926.62(d) and determines actual employee exposure, the employer did not provide employees, who performed tasks described in 29 CFR 1926.62(d)(2)(i)(A), with the required training in accordance with 29 CFR 1926.21, Safety Training and Education:  On or about December 21, 2022, the employer did not ensure that all employees, performing the tasks described in 29 CFR 1926.62(d)(2)(i)(A), were made aware of the requirements of Subpart D. Employees performed dust suspending operations while working with historical lead-based painted windows and doors. These tasks ncluded, but were not limited by, sanding; cleaning with compressed ai; and emptying vacuumed dust, which exposed employees to inhalation and skin contact hazards within the following areas:    a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:  On or about December 21, 2022, the employer did not ensure that all employee(s) working in areas where there was potential exposure to airborne lead at any level were informed of the contents of this section including, but not limited to, its appendices and the nature of operations that could result in exposure. Employees performed dust suspending operations that, among other tasks, included sanding, cleaning with compressed air, and emptying vacuumed dust while working with historical lead-based painted windows and doors that exposed them to inhalation,  skin contact, and ingestion hazards  within the following areas:    a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C)

Issued

2023-06-14 00:00:00

Penalty

Initial $10938.00 · Current $6000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(1): All surfaces were not maintained as free as practicable from the accumulation of lead:   Lead Paint Removal Room (In Shop B):  On or about December 21, 2022, the employer did not ensure that all surfaces including windowsills; a portable air scrubber; and workbenches, where drinks and snacks were stored, were maintained as free as practicable from the accumulation of lead dust thile employees restored historical lead-based painted windows and doors. Analytical results of the wipe samples collected from a windowsill, where drinking containers were observed, had signficant concentrations of lead dust amounting to contamination levels up to 5,113 mcg. Another sample from the top surface of an air scrubber measured at concentrations of 802 mcg of lead dust.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1926.62(h)(4): Where vacuuming methods were selected, the vacuums were not equipped with HEPA filters and/or were not used and emptied in a manner which minimized the reentry of lead into the workplace:   a) Lead Paint Removal Room (In Shop B):  On or about December 21, 2022, the employer did not ensure that employees were protected from exposure to suspended lead dust when the vacuum used to clean the contamination was not properly emptied in a manner that minimized the reentry of the dust into into the surrounding air work surfaces.

Issued

2023-06-14 00:00:00

Abate by

2023-11-30 00:00:00

Penalty

Initial $10938.00 · Current $0.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(h)(5): Compressed air was used to remove lead from surfaces without a ventilation system designed to capture the airborne dust created by the compressed air:  On or about December 21, 2022, the employer did not ensure that employees were protected from exposure to suspended lead dust when compressed air was used to clean lead particles that accumulated on employees' body, clothes, work benches, and other surfaces without a local exhaust ventilation system used to capture dust particles generated by lead-based structural resurfacing operations in the following areas:  a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair c) Spray Booth Room (In Shop C) d) In the field during disassembly and installation.

Issued

2023-06-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.302(b)(4): Compressed air, 30 p.s.i. or more, was used for cleaning purposes:   On or about December 21, 2022, compressed air was used to clean lead particle accumulations from employee clothes, work benches, and other surfaces after lead-based painted windows and doors were resurfaced. This was performed with a compressed air gun having a pressure of 85 p.s.i. within the following areas:   a) Lead Paint Removal Room (In Shop B) b) Shop B - Repair