OSHA Inspection: TROY BOILER WORKS, INC.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $7,904 Reduced

General-duty citation text

29 CFR 1926.1101(e)(1): All Class I, II, and III asbestos work was not conducted within regulated areas:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not establish a regulated area.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $7,904 Reduced

General-duty citation text

29 CFR 1926.1101(f)(2)(i): The employer failed to ensure that the exposure assessment was conducted in time to comply with requirements which are triggered by the exposure data or the lack of a negative exposure assessment:  a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not do an exposure assessment of the work area within the building.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $7,904 Reduced

General-duty citation text

29 CFR 1926.1101(g)(1)(i): The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of vacuum cleaners equipped with high efficiency particulate air (HEPA) filters to collect all debris and dust containing asbestos containing material and presumed asbestos containing material:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not use engineering or work practice controls while the employees were dry sweeping and shoveling ACM.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(1)(ii): The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of wet methods or wetting agents to control employee exposures during asbestos handling, mixing, removal, cutting, application and cleanup:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  Wet methods were not used when employees were dry sweeping and shoveling ACM.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(1)(iii): The employer did not use work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of prompt clean-up and disposal of wastes and debris contaminated with asbestos, in leak-tight containers:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not use leak-tight methods for collection and disposal of debris containing asbestos.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(g)(3)(iii): The following work practices and engineering controls such as, but not limited to, dry sweeping can not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employers' lack of engineering and work practice controls disturbed ACM.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $7,904 Reduced

General-duty citation text

29 CFR 1926.1101(h)(1)(iv): Respirators were not used during all Class II and III asbestos jobs where the employer had not produced a negative-exposure assessment:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not provide respiratory protection while employees were dry sweeping and shoveling ACM.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1101(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:  a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not provide protective clothing for employees dry sweeping and shoveling ACM.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $7,904 Reduced

General-duty citation text

29 CFR  1926.1101(j)(1)(iv): When food or beverages were consumed at a worksite involving Class I asbestos work, the employer did not provide a  lunch area in which airborne concentrations of asbestos were below the permissible exposure limit and excursion limit:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not inform employees conducting dry sweeping and shoveling ACM of the locations and quantities of asbestos.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $7,904 Reduced

General-duty citation text

29 CFR 1926.1101(k)(3)(ii)(B): The employer did not inform employers of employees who worked and/or were working in adjacent areas of the location and quantity of asbestos containing material and/or presumed asbestos containing material present in the area:   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not inform employees conducting dry sweeping and shoveling ACM of the locations and quantities of asbestos.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1101(k)(8)(iii): The employer did not ensure that labels of bags or containers of protective clothing and equipment, scrap, waste, and debris containing asbestos fibers bear the following information:     DANGER   CONTAINS ASBESTOS FIBERS  MAY CAUSE CANCER   CAUSES DAMAGE TO LUNGS   DO NOT BREATHE DUST   AVOID CREATING DUST   a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not label materials that contain ACM and/or PACM.

Issued

Dec 2, 2024

Abate by

Dec 20, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1101(k)(9)(i): The employer did not institute, at no cost to employees, a training program for each employee who was likely to be exposed in excess of the permissible exposure limit (PEL) and for each employee who performed Class I through IV asbestos operations:  a) On or about 7/3/2024, throughout the boiler room, employees removed boiler, boiler components suspected of being potential asbestos containing materials (ACM), and asbestos debris including thermal system insulation (TSI) was also in the area.  The employer did not train employees that were dry sweeping and shoveling materials that contain ACM and/or PACM.