| Inspection Type |
FollowUp
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2013-05-22
|
| Emphasis |
N: LEAD
|
| Case Closed |
2015-07-28
|
Related Activity
| Type |
Inspection |
| Activity Nr |
484758 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D01 I |
| Issuance Date |
2013-05-23 |
| Abatement Due Date |
2013-06-05 |
| Current Penalty |
625.0 |
| Initial Penalty |
2800.0 |
| Contest Date |
2013-06-06 |
| Final Order |
2013-09-13 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by 29 CFR 1926.62 did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30 ug/m3) calculated as an 8-hour time-weighted average (TWA): a.) Facility - on or about 4/30/13, employees had demolished lead-painted walls during a renovation project in the ante-office area. The plaster walls (skim coat) had peeling green paint (2 tone/upper-lower) that was uncovered after a newer fibrous wall treatment had been demolished and partially removed. The employer did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter (30 ug/m3) of air calculated as an 8-hour time-weighted average during demolition activities. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V B |
| Issuance Date |
2013-05-23 |
| Abatement Due Date |
2013-06-07 |
| Current Penalty |
625.0 |
| Initial Penalty |
2800.0 |
| Contest Date |
2013-06-06 |
| Final Order |
2013-09-13 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(2)(v)(B): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g): a.) Paratus hallway/ante-office area, on or about 4/30/13, an employees had demolished walls with peeling lead-based paint. The employer had not performed the required exposure assessment, as required and had not treated the affected employee, as if they were exposed above the Permissible Exposure Limit (PEL), and not in excess of ten times the PEL, and did not implement employee protective measures including appropriate personal protective clothing and equipment. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 G01 |
| Issuance Date |
2013-05-23 |
| Abatement Due Date |
2013-06-07 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2013-06-06 |
| Final Order |
2013-09-13 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(g)(1): Where employees were exposed to lead above the permissible exposure limit, without regard to the use of respirators; where employees were exposed to lead compounds which may cause skin or eye irritation (e.g. lead arsenate, lead azide); and as interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), the employer did not provide at no cost to the employee and ensure that each employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments: a.) Facility, hallway/ante-office area, On or about 4/30/13, employee(s) perfroming demolition on lead-based painted walls had not been provided and the employer did not ensure that appropraite personal protective equipment such as: hats and boots covers were used during the demolition. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V E |
| Issuance Date |
2013-05-23 |
| Abatement Due Date |
2013-06-07 |
| Current Penalty |
625.0 |
| Initial Penalty |
2800.0 |
| Contest Date |
2013-06-06 |
| Final Order |
2013-09-13 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(2)(v)(E): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with biological monitoring in accordance with 1926.62(j)(1)(i), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels: a.) Paratus hallway/ante-office area, on or about 4/30/13, an employees had demolished walls with peeling lead-based paint. The employer had not performed the required exposure assessment, as required and had not treated the affected employee, as if they were exposed above the Permissible Exposure Limit (PEL), and not in excess of ten times the PEL, and did not implement employee protective measures including biological monitoring to consist of blood sampling and analysis for lead and zinc protoporphyrin levels. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 J01 I |
| Issuance Date |
2013-05-23 |
| Abatement Due Date |
2013-06-07 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2013-06-06 |
| Final Order |
2013-09-13 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(j)(1)(i): The employer did not make available initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level: a) Facility - Hallway/ante-office area, On or about 4/30/13, the employer did not provide to the employee(s) performing demolition of lead-based painted walls with biological monitoring, as required. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V F |
| Issuance Date |
2013-05-23 |
| Abatement Due Date |
2013-06-28 |
| Current Penalty |
625.0 |
| Initial Penalty |
2800.0 |
| Contest Date |
2013-06-06 |
| Final Order |
2013-09-13 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(2)(v)(F): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication: a.) Paratus hallway/ante-office area, on or about 4/30/13, an employees had demolished walls with peeling lead-based paint. The employer had not performed the required exposure assessment, as required and had not treated the affected employee, as if they were exposed above the Permissible Exposure Limit (PEL), and not in excess of ten times the PEL, and did not provide to employees performing demolition of lead-based paint with the training as required under 29 CFR 1926.62(L)(1)(i) regarding 29 CFR 1926.59, Hazard Communication. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 L01 I |
| Issuance Date |
2013-05-23 |
| Abatement Due Date |
2013-06-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2013-06-06 |
| Final Order |
2013-09-13 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(l)(1)(i): The employer did not communicate information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR 1926.59 including, but not limited to, the requirements concerning warning signs and labels, material safety data sheets (MSDSs) and employee information and training: a.) Hallway/ante-office area of the facility - On or about 4/30/13, employees performing demolition of walls painted with lead-based paint were not provided information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR 1926.59 including, but not limited to, the requirements concerning warning signs and labels, material safety data sheets (MSDSs) and employee information and training, as required. ABATEMENT CERTIFICATION REQUIRED |
|
|
| Inspection Type |
Prog Related
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2012-06-12
|
| Case Closed |
2015-01-23
|
Related Activity
| Type |
Inspection |
| Activity Nr |
412043 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J02 I |
| Issuance Date |
2012-08-09 |
| Abatement Due Date |
2012-12-26 |
| Current Penalty |
500.0 |
| Initial Penalty |
2000.0 |
| Contest Date |
2012-08-28 |
| Final Order |
2013-03-13 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(2)(i): The building owner or facility owner did not determine the presence, location, and quantity of presumed asbestos-containing material (PACM) and/or other asbestos-containing material (ACM) at the work site: a.) Area of hallway ouside offices at 45 Roberts Avenue, Buffalo, NY - On or about 5/2/12, the building owner had not conducted a survey of the facility to determine the presence, location, and quantity of presumed asbestos containing material (OACM) and/or other asbestos containing materials at the work site. The office area flooring is vinyl-asbestos floor tile that contains 11% chrysotile asbestos. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19261101 K03 I |
| Issuance Date |
2012-08-09 |
| Abatement Due Date |
2012-12-26 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-08-28 |
| Final Order |
2013-03-13 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(k)(3)(i): Before work in areas containing ACM and PACM was begun; the employers did not identify the presence, location, and quantity of ACM, and/or PACM therein pursuant to paragraph (k)(1) of this section: a.) Area of hallway outside offices at 45 Roberts Avenue - On or about 5/2/2012, some VATs had been removed in a substantially intact state. The employer had not identified the presence, loaction, and quantity of ACM, and or PACM within the facility. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19261101 K02 I |
| Issuance Date |
2012-08-09 |
| Abatement Due Date |
2012-12-26 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-08-28 |
| Final Order |
2013-03-13 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(k)(2)(i): Before work subject to this standard was begun, building and facility owners did not determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to paragraph (k)(1) of this section: a.) Area of hallway outside office at 45 Roberts Avenue - On or about 5/2/12, the employer did not determine the presence, location, and quantity of ACM and/or PACM at the work site. Vinyl-asbestos floor tiles, that were removed in substantially intact state, are located in the the hallway adjacent to the offices. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19261101 E01 |
| Issuance Date |
2012-08-09 |
| Abatement Due Date |
2012-12-26 |
| Current Penalty |
500.0 |
| Initial Penalty |
2000.0 |
| Contest Date |
2012-08-28 |
| Final Order |
2013-03-13 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(e)(1): All Class I, II, and III asbestos work was not conducted within regulated areas: a.) Area of hallway ouside office - on or about 5/2/12, removal of some VAT floor tiles, in a substantially intact state, had not been conducted wiithin a regulated area. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19261101 G01 |
| Issuance Date |
2012-08-09 |
| Abatement Due Date |
2012-12-26 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-08-28 |
| Final Order |
2013-03-13 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(g)(1): The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of the exposure: a.) Outside Office Hallway - On or about 5/2/12, the employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the level of exposure. These methods include High Efficiency Particulate Air (HEPA) vacuum cleaner; wet methods; local exhaust ventilation; and, prompt clean-up and disposal of wastes. |
|
|
