| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2014-07-31
|
| Case Closed |
2014-11-05
|
Related Activity
| Type |
Complaint |
| Activity Nr |
891785 |
| Safety |
Yes |
| Health |
Yes |
|
| Type |
Inspection |
| Activity Nr |
979935 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19100132 D01 |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
720.0 |
| Initial Penalty |
1200.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE): a) Telesca Center for Justice building worksite - On or about 5/30/14, maintenance technicians perform a variety of duties, which includes painting of floors; cleaning up building materials after water leaks; removal and replacement of lights; removal of building materials, including flooring; and, general maintenance, repair and cleaning with corrosive chemicals and solvents. The employer has not assessed the workplace to determine if hazards are present, or likely to be present, which necessitates the use of personal protective equipment, such as but not limited to safety glasses; goggles; gloves; respiratory protection; etc. b.) Union Trust building worksite- On or about 5/30/14, maintenance technicians perform a variety of duties, which includes painting of floors; cleaning up building materials after water leaks; removal and replacement of lights; removal of building materials, including flooring; and, general maintenance, repair and cleaning with corrosive chemicals and solvents. The employer has not assessed the workplace to determine if hazards are present, or likely to be present, which necessitates the use of personal protective equipment, such as but not limited to safety glasses; goggles; gloves; respiratory protection; etc. c.) Crossroads building worksite - On or about 5/30/14, maintenance technicians perform a variety of duties, which includes of floors; cleaning up building materials after water leaks; removal and replacement of lights; and, general maintenance, repair and cleaning with corrosive chemicals and solvents. The employer has not assessed the workplace to determine if hazards are present, or likely to be present, which necessitates the use of personal protective equipment, such as but not limited to safety glasses; goggles; gloves; respiratory protection; etc. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C02 I |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
720.0 |
| Initial Penalty |
1200.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(2)(i): The employer did not determine if the voluntary use of a respirator did not in itself create a hazard: a) Crossroads Building - On or about 5/30/14 and continuing, employees voluntarily wear respiratory protection (elastomeric with cartridges) while performing some maintenance-related jobs, such as blowing out HVAC equipment and filters, which service the building. The employer has not determined if the voluntary use of a respirator did not in itself create a hazard. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C02 II |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user: a) Crossroads Building - On or about 5/30/14, prior and on-going, maintenance technician(s) wear elastomeric respirators to clean and blow out filters and equipment associated with the HVAC units for the building. The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored and maintained so that its use does not present a health hazard to the user. ABATEMENT CERTIFCATION REQUIRED |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J03 III |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
1200.0 |
| Initial Penalty |
2000.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(3)(iii): Building and facility owner(s) did not inform employer(s) of employee(s); and employer(s) did not inform employee(s) who performed housekeeping activities in area(s) which contained ACM and/or PACM of the presence and location of ACM and/or PACM in such area(s) which might have been contacted during such activities. a.) Crossroads building (circa 1969)- On or about 5/30/14 prior and continuing, ABBA, LP is both the building owner and the employer of 6 employees, of which 2 are maintenance technicians who perform a variety of tasks throughout the building including dry sweeping in mechanical rooms that contain PACM materials, such as, but not limited to: ACM piping insulation, boiler-related materials/insulation, etc. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J04 IV |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(4)(iv): 1910.1001(j)(v): Signs identifying the presence, location and work practices to not disturb the ACM and/or PACM contained within the area were not posted at the entrance where employees were reasonably expected to enter. a.) Crossroads Building - On or about 5/3014 before and continuing - the circa 1969 building contains presumed asbestos -containing materials (PACM) and owner, ABBA, LP, has not placed/posted signs that identify the presence, location and work practices that are to be followed so that asbestos containing materials (ACM) and/or presumed asbestos containing materials are not disturbed within the area by employees who are reasonably expected to enter these areas. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003C |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J07 IV |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(7)(iv): The employer did not provide to all employees who perform housekeeping work in areas where ACM and/or PACM is present, an asbestos awareness training course covering the health effects of asbestos; and/or locations of ACM and/or recognition of ACM and PACM damage and deterioration and/or requirements in this standard related to housekeeping, and/or proper response to fiber release episodes: a.) 1West Main Street (Telesca Justice Center) - On or about 5/30/14 prior and on-going, maintenance employees who perform a variety of maintenance-related activities, such as but not limited to: working in and around asbestos-covered pipe insulation; working on and with PACM 9x9 floor tiles; and, performing housekeeping tasks, such as dry sweeping in areas where ACM is located, were not provided an asbestos awareness course covering the health effects of asbestos; and/or locations of ACM and/or recognition of ACM and PACM damage and deterioration and/or requirements in the standard related to housekeeping, and/or proper response of fiber release. b.) 19 West Main Street (Union Trust building) - On or about 5/30/14 prior and on-going, maintenance employees who perform a variety of maintenance-related activities, such as but not limited to: working in and around asbestos-covered pipe insulation; working on and with PACM 9x9 floor tiles; and, performing housekeeping tasks, such as dry sweeping in areas where ACM is located, were not provided an asbestos awareness course covering the health effects of asbestos; and/or locations of ACM and/or recognition of ACM and PACM damage and deterioration and/or requirements in the standard related to housekeeping, and/or proper response of fiber release. c.) Two State Street (Crossroads building) - On or about 5/30/14 prior and on-going, maintenance employees who perform a variety of maintenance-related activities, such as but not limited to: working in and around asbestos-covered pipe insulation; cleaning/blowing off filters and HVAC equipment in areas where there is ACM/PACM; housekeeping tasks, such as dry sweeping in areas where ACM is located, were not provided an asbestos awareness course covering the health effects of asbestos; and/or locations of ACM and/or recognition of ACM and PACM damage and deterioration and/or requirements in the standard related to housekeeping, and/or proper response of fiber release. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
720.0 |
| Initial Penalty |
1200.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met: a) Facility - Maintenance technicians working at various buildings, such as but not necessarily limited to: the Telesca Center for Justice, the Crossroads building and the Union Trust building, work with a variety of chemicals, such as but not limited to: a Calcium/Lime/Rust-like product (corrosive) used for removing rust stains from building surfaces; epoxy-based, water-proofing paint for surfacing the floor of the 11th floor mechanical penthouse; work around and below asbestos-containing materials; and, solvents for cleaning and maintenance. The employer has not developed, implemented, and/or maintained at the workplace a written hazard communication program which describes how the criteria specific in 29 CFR 1910.1200(f), (g), and (h) will be met. A written program should include descriptions of how the criteria for: 1.) Labeling and other forms of warnings; 2.) Safety Data Sheets (SDSs), AND; 3.) Employees information and training will be met. Additionally, a list of hazardous chemicals known to be present in the workplace must be compliled. Methods used to inform employees of the hazards associated with the non-routine tasks and the informing of contractors of workplace hazards must also be addressed. The written program must be made available on request. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 G08 |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift: a.) Facility - On or about 5/30/14 prior to and on-going, the employer did not make sure that Safety Data Sheets for all hazardous chemicals such as asbestos; epoxy-based paint; solvents and corrosives used to clean rust stains were made readily available to the employees, such a maintenance technicians who have and can work with or around these types of materials throughout assigned buildings. ABATEMENT CERTIFCATION REQUIRED |
|
| Citation ID |
01004C |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2014-08-01 |
| Abatement Due Date |
2014-10-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2014-08-12 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: a.) Facility - On or about 5/30/14 prior to and on-going, maintenance employees work with and around a variety of hazardous chemicals including epoxy-based paint for the floor of the Telesca Center for Justice mechanical room floor; work under and around asbestos-containing pipe insulation; use solvents for a variety of mechanical and cleaning purposes; and, use a corrosive, Calcium/Lime/Rust-like chemical to remove rust stains from a wall from a roof water leak. The employer has not provided training for the employees. Employees shall be informed fo: 1.) The requirements of this section; 2.) Any operations where hazardous chemicals are present, AND 3.) The location and availability of the written Hazard Communication program, lists of hazardous chemicals and safety data Sheets. Employee training shall include at least: 1.) methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area; 2.) The physical and health hazards of the chemicals in the work area; 3.) The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used; 4.) The details of the employees Hazard Communication program including an explanation of labeling systems, Safety data Sheets and how employees can obtain and use the appropriate hazard information. ABATEMENT CERTIFICATION REQUIRED |
|
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