OSHA Inspection: L & H PAINTING LLC

Issued

Dec 6, 2024

Abate by

Jan 29, 2025

Penalty

Initial $518 · Current $518

General-duty citation text

29 CFR  1903.19(d)(1):  The employer must submit to the Agency, along with the information on abatement certification required by paragraph (c)(3) of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious violation for which the Agency indicates in the citation that such abatement documentation is required.  The employer did not provide abatement documentation proving that the hazards related to respiratory protection (written program, medical evaluations, fit testing and training) and the hazards related to communication of hazardous chemicals (through a written program, site access to SDS, and training) were abated for the citations that were issued on August 26, 2024.

Issued

Aug 26, 2024

Abate by

Oct 3, 2024

Penalty

Initial $4,610 · Current $4,610

General-duty citation text

29 CFR  1910.134(c)(1):  In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use (Construction Reference 29 CFR 1926.103):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not establish and implement a written respiratory protection program when Painter employees who were required to wear negative pressure tight-fitting respirators while the employees conducted spray finishing of the building's walls.  All provisions of 29 CFR 1910.134(c) through (m) shall be contained in a written Respiratory Protection Program. Key elements include, but are not limited to the following:  1)  Respirator selection 2)  Filter changeout schedules 3) Medical evaluations for respirator use 4) Fit testing 5) Employees training on use, limitations, care and storage of respirators 6) Program evaluation 7) Recordkeeping

Issued

Aug 26, 2024

Abate by

Oct 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1):  The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator (Construction Reference 29 CFR 1926.103):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not provide medical evaluations to determine employees' ability to use a respirator when Painter employees who were required to wear negative pressure tight-fitting half-face respirators during spray finishing operations.

Issued

Aug 26, 2024

Abate by

Oct 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(1): The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph (Construction Reference 29 CFR 1926.103):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not ensure Painter employees, who were required to wear negative pressure tight-fitting half-face respirators during spray finishing operations, had passed an QLFT or QNFT.

Issued

Aug 26, 2024

Abate by

Oct 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k):  This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary (Construction Reference 29 CFR 1926.103):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did provide effective training to Painter employees who were required to wear negative pressure tight-fitting half-face respirators during spray finishing operations.

Issued

Aug 26, 2024

Abate by

Sep 24, 2024

Penalty

Initial $4,610 · Current $4,610

General-duty citation text

29 CFR  1910.134(d)(1)(iii): The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH (Construction Reference 29 CFR 1926.103):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did evaluate the respiratory hazards in the workplace and did not estimate the employees' exposures to airborne paint overspray. The employer did not evaluate the exposures of employees who were spray-painting interior walls of the building, nor the exposures of employees who were working in the areas immediately adjacent to the spray-painting work.

Issued

Aug 26, 2024

Abate by

Oct 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(6): The basic advisory information on respirators, as presented in Appendix D of this section, shall be provided by the employer in any written or oral format, to employees who wear respirators when such use is not required by this section or by the employer (Construction Reference 29 CFR 1926.103):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not provide the basic advisory information on respirators, as presented in Appendix D, to employees who were provided N95 filtering-facepiece respirators for voluntary use.

Issued

Aug 26, 2024

Abate by

Sep 24, 2024

Penalty

Initial $4,610 · Current $4,610

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 (Construction Reference 29 CFR 1926.59):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not develop or implement a written hazard communication program when employees were working with hazards chemicals in their workplace, such as but not limited to Sherwin-Williams Pro Industrial Acrylic paint.  All provisions of 29 CFR 1910.1200(e) through (h) shall be contained in a written Hazard Communication program. Key elements include, but are not limited to the following:  1) List of all chemicals onsite 2) Collection of SDS onsite 3) Labeling of containers 4) Employee information/training

Issued

Aug 26, 2024

Abate by

Sep 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.) (Construction Reference 29 CFR 1926.59):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not maintain copies of the required safety data sheets (SDS) in the workplace for each hazardous chemical employees worked with in their work areas, such as but not limited to Sherwin-Williams Pro Industrial Acrylic paint.

Issued

Aug 26, 2024

Abate by

Sep 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1):  Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets (Construction Reference 29 CFR 1926.59):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not provide employees information and training on the hazards of the chemicals in their work areas, such as but not limited to the health hazards of Sherwin-Williams Pro Industrial Acrylic paint.

Issued

Aug 26, 2024

Abate by

Sep 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(2):  Employees shall be informed of: (i) The requirements of this section; (ii) Any operations in their work area where hazardous chemicals are present; and (iii) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section (Construction Reference 29 CFR 1926.59):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not provide employees information on the requirements of the hazard communication standard, that the acrylic paint they were working with was a hazardous chemical, nor the location of any SDS.

Issued

Aug 26, 2024

Abate by

Sep 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(3):  Employee training shall include at least the topics from (h)(3)(i) through (h)(3)(iv) of this section (Construction Reference 29 CFR 1926.59):  On or about June 3, 2024, at a worksite located at 249 N. Lake Street in Neenah, WI; the employer did not provide training to employees regarding: (i) how employees could detect hazardous chemicals in the work areas;  (ii) the physical hazards, health hazards and combustible dust hazards of the chemicals in their work areas;  (iii) the measures employees could take to protect themselves from hazardous chemicals through procedures and/or personal protective equipment (PPE); and  (iv) the details of a hazard communication program including descriptions of labeling on containers and safety data sheets (SDS).   Employees worked with hazardous chemicals in their work areas, such as but not limited to of Sherwin-Williams Pro Industrial Acrylic paint.