OSHA Inspection: HIGH TOP ROOFING AND SIDING LLC

Issued

Jun 26, 2023

Abate by

Jul 19, 2023

Penalty

Initial $4,688 · Current $4,688

Hazardous substances 9020

General-duty citation text

29 CFR  1910.1200(e)(1):Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:  a) On or about May 20, 2023, the employer did not develop, implement and maintain a written hazard communication program for employees potentially exposed to asbestos when removing asbestos containing roof shingles.

Issued

Jun 26, 2023

Abate by

Jul 19, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(9)(iv)(A):For work with asbestos containing roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training shall include at a minimum all the elements included in paragraph (k)(9)(viii) of this section and in addition, the specific work practices and engineering controls set forth in paragraph (g) of this section which specifically relate to that category. Such course shall include "hands-on" training and shall take at least 8 hours.  a) On or about May 20, 2023, the employer did not ensure each employee performing Class II asbestos work had been trained to recognize the hazards associated with asbestos, implement engineering controls and use specific work practices.

Issued

Jun 26, 2023

Penalty

Initial $4,688 · Current $4,688

General-duty citation text

29 CFR  1926.501(b)(13):"Residential construction." Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall arrest system unless another provision in paragraph (b) of this section provides for an alternative fall protection measure. Exception: When the employer can demonstrate that it is infeasible or creates a greater hazard to use these systems, the employer shall develop and implement a fall protection plan which meets the requirements of paragraph (k) of 1926.502. Note: There is a presumption that it is feasible and will not create a greater hazard to implement at least one of the above-listed fall protection systems. Accordingly, the employer has the burden of establishing that it is appropriate to implement a fall protection plan which complies with 1926.502(k) for a particular workplace situation, in lieu of implementing any of those systems.  a) On or about May 20, 2023, employees were exposed to a fall hazard while performing roofing work on a 2nd story residential roof without any means of conventional fall protection.

Issued

Jun 26, 2023

Abate by

Jul 28, 2023

Penalty

Initial $4,688 · Current $4,688

General-duty citation text

29 CFR  1926.503(a)(1):The employer shall provide a training program for each employee who might be exposed to fall hazards. The program shall enable each employee to recognize the hazards of falling and shall train each employee in the procedures to be followed in order to minimize these hazards.  a) On or about May 20, 2023, employees were not trained to recognize fall hazards such as, but not limited to, a fall hazard while performing roofing work on a 2nd story pitched roof, nor were they trained on when to utilize a fall protection system.

Issued

Jun 26, 2023

Penalty

Initial $4,688 · Current $4,688

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(e)(1): All Class I, II and III asbestos work shall be conducted within regulated areas. All other operations covered by this standard shall be conducted within a regulated area where airborne concentrations of asbestos exceed, or there is a reasonable possibility they may exceed a PEL. Regulated areas shall comply with the requirements of paragraphs (2), (3),(4) and (5) of this section.  a) On or about May 20, 2023, the employer did not ensure Class II work was conducted in a regulated area in that employees were removing asbestos roof shingles with shovels and they were not within a regulated area.

Issued

Jun 26, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(8)(ii)(E):Asbestos-containing material that has been removed from a roof shall not be dropped or thrown to the ground. Unless the material is carried or passed to the ground by hand, it shall be lowered to the ground via covered, dust-tight chute, crane or hoist:  a) On or about May 20, 2023, the employer did not ensure asbestos containing materials were not thrown or dropped to the ground after being removed in that employees were pushing the removed asbestos shingles off the roof to the ground.

Issued

Jun 26, 2023

Penalty

Initial $0 · Current $0

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 this section, 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.  a) On or about May 20, 2023, the employer did not provide and ensure use of protective clothing such as coveralls, head coverings, and foot covering for employees removing asbestos containing shingles.

Issued

Jun 26, 2023

Penalty

Initial $4,688 · Current $4,688

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.   a) On or about May 20, 2023, the employer did not ensure a competent person conducted an exposure assessment prior to the start of Class II work in that employees were exposed to asbestos while removing asbestos containing roof shingles on a residential structure.

Issued

Jun 26, 2023

Penalty

Initial $0 · Current $0

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 this section.  a) On or about May 20, 2023, the employer did not ensure that all class II work was conducted under the supervision of a competent person with the training and authority to recognize and correct hazards in that employees were removing asbestos shingles without the supervision of a trained competent person.

Issued

Jun 26, 2023

Penalty

Initial $4,688 · Current $4,688

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(h)(1)(ii): For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during: Class II asbestos work when ACM is not removed in a substantially intact state.  a) On or about May 20, 2023, the employer did not provide and ensure respirators were being used while Class II asbestos work was being done in that employees were removing asbestos containing roof shingles without respirators.

Issued

Jun 26, 2023

Abate by

Jul 19, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(h)(2)(i): Respirator program. The employer must implement a respiratory protection program in accordance with �� 1910.134 (b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by this section to use a respirator.  a) On or about May 20, 2023, the employer did not  implement a written respiratory protection program for employees reasonably anticipated to be exposed to asbestos as they removed asbestos containing roof shingles.