OSHA Inspection: KIDDER JEFFERYS CONSTRUCTION, LLC

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $2,277 · Current $1,594 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(i):Until the employer performed an employee exposure assessment, as required in 29 CFR 1926.62(d), and documented that the employee(s) performing any of the listed tasks was not exposed above the Permissible Exposure Limit (PEL), the employer did not treat affected employee(s) as if they were exposed above the PEL, and not in excess of ten times the PEL, and did not implement employee protective measures prescribed in 29 CFR 1926.62(d)(2)(v):  a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, 1st floor living room #2 South wall, on or about April 12th, 2023 and times prior thereto, an employee for a contractor onsite performed the removal of a portion of the 1st floor living room #2  South wall which contained lead paint.  The employer did not perform an initial exposure assessment to determine the employee's exposure level to lead during this work operation.  ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v):  Prior to the performance of an employee exposure assessment as required by (d) of this section, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i)-(iv) of this section interim protection, including appropriate respiratory protection in accordance with paragraph (f) of this section:    a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, 1st floor living room #2 South wall, on or about April 12th, 2023 and times prior thereto, an employee for a contractor onsite performed the removal of a portion of the 1st floor living room #2  South wall which contained an unknown quantity of lead based paint.  The employer did not perform an exposure assessment to determine the employee's exposure level to lead or implement any interim protections during this work operation.   ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(m)(1)(i): The employer did not post Lead warning signs in each work area where an employee's exposure to lead is above the PEL.     a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, 1st floor living room #2 South wall, on or about April 12th, 2023 and times prior thereto, Employees utilized a grinder to cut holes in the wall of the 1st floor living room #2 South wall which contained lead-based paint.  The employer did not conduct sampling to determine exposure levels and did not post signs to communicate potential hazards to air borne lead.    ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Nov 17, 2023

Penalty

Initial $2,277 · Current $1,594 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(e)(2)(i): The employer did not establish and implement a written compliance program to achieve compliance with 29 CFR 1926.62(c) prior to commencement of the job:   a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, 1st floor living room #2 South wall, on or about April 12th, 2023 and times prior thereto,  an employee for a contractor onsite performed the removal of a portion of the 1st floor living room #2 South wall which contained lead paint.  The employer did not establish a worksite specific lead compliance program.  ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $2,277 · Current $1,594 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(d)(1):On a multi-employer worksite, the employer performing work requiring the establishment of a regulated area did not inform other employers on site of the nature of the employer's work with asbestos, of the existence of and requirements pertaining to regulated areas, and the measures taken to ensure that employees of such other employers are not exposed to asbestos:  a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, east wall area of 1st floor conference room, on or about April 27th, 2023 and times prior thereto:  Various employees from contractors onsite performed work operations including, but not limited to, drilling next to deteriorated thermal insulation, and running electrical conduit against deteriorating thermal insulation, which was likely to disturb the thermal insultation that contained asbestos (chrysotile).  The employer did not establish a regulated area for such class III asbestos work operations and inform contractors of the regulated area.   ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(e)(2): The regulated area was not demarcated in a manner that minimized the number of people within the area and  protected the people outside the area from exposure to airborne asbestos:  a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, east wall area of 1st floor conference room,  on or about April 27th, 2023 and times prior thereto:  Various employees from contractors onsite performed work operations including, but not limited to, drilling next to deteriorated thermal insulation, and running electrical conduit against deteriorating thermal insulation, which was likely to disturb the thermal insultation that contained asbestos (chrysotile).  The employer did not demarcate the area as a regulated area for class III asbestos work operations.   ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $2,277 · Current $1,594 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(3)(ii): Before work under this standard was performed, the employer did not inform employees of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area.   a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, east wall area of 1st floor conference room,  on or about April 27th, 2023 and times prior thereto:  Various employees from contractors onsite performed work operations including, but not limited to, drilling next to deteriorated thermal insulation, and running electrical conduit against deteriorating thermal insulation, which was likely to disturb the thermal insultation that contained asbestos (chrysotile).  The employer did not inform all employees from contractors onsite of the location and quantity of asbestos containing material in locations including, but not limited to, the east wall area of the 1st floor conference room.   ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(7)(i): Warning signs that demarcated the regulated area were not provided and displayed at such a distance from regulated areas that an employee may read the signs an take necessary protective steps before entering the area marked by the signs:   a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, east wall area of 1st floor conference room,  on or about April 27th, 2023 and times prior thereto:  Various employees from contractors onsite performed work operations including, but not limited to, drilling next to deteriorated thermal insulation, and running electrical conduit against deteriorating thermal insulation, which was likely to disturb the thermal insultation that contained asbestos (chrysotile).  The employer did not utilize warning signs to indicate to other contractors onsite that the area was a regulated area for class III asbestos work operations.     ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Oct 26, 2023

Penalty

Initial $2,277 · Current $1,594 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.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, east wall area of 1st floor conference room,  on or about April 27h, 2023 and times prior thereto:  Various employees from contractors onsite performed work operations including, but not limited to, drilling next to deteriorated thermal insulation, and running electrical conduit against deteriorating thermal insulation, which was likely to disturb the thermal insultation that contained asbestos (chrysotile).   The employer did not ensure a competent person performed inspections associated with asbestos exposure as evidenced by the fact that, class III asbestos work operations took place directly next to thermal insulation/asbestos containing material which was deteriorated and disturbed.  Appropriate measures were not taken to protect these workers during this task.     ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 29, 2023

Abate by

Dec 26, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(o)(4)(ii): For Class III and IV asbestos work, the competent person training did not include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length:  a.)	Kidder Jeffery's Construction, LLC, Historical Renovation projects at the 400 block of West 6th Street, Erie, PA, east wall area of 1st floor conference room,  on or about April 27th, 2023 and times prior thereto:  Various employees from contractors onsite performed work operations including, but not limited to, drilling next to deteriorated thermal insulation, and running electrical conduit against deteriorating thermal insulation, which was likely to disturb the thermal insultation that contained asbestos (chrysotile).   The employer did not ensure the competent person at the jobsite was trained on the aspects of asbestos handling appropriate for class II asbestos work.  The competent person was not trained on the EPA requirements of 40 CFR 763.92(a)(2) or its equivalent.    ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.