| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2015-03-12
|
| Emphasis |
N: LEAD
|
| Case Closed |
2015-08-18
|
Related Activity
| Type |
Complaint |
| Activity Nr |
967021 |
| Safety |
Yes |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19101052 D02 |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
990.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1052(d)(2): The employer, whose employees are exposed to methylene chloride, did not perform initial exposure monitoring in order to determine each affected employee's exposure: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees used Klean Strip Premium Sprayable Stripper, which contains 60%-100% methylene chloride, to strip paint from throughout the location. The employer did not conduct an initial exposure assessment in order to determine employee exposures to methylene chloride. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
792.0 |
| Initial Penalty |
1760.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Gravity |
5 |
| 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) 61 Johnson Park - On or about 3/12/15, the employer did not develop and implement a written hazard communication program for employees who work daily with materials such as, but not limited to, Commercial Grade Quikrete Mason Mix Type S Mortar (containing crystalline silica and lime), Klean Strip Premium Sprayable Stripper (containing methylene chloride and methanol), Klean Strip Odorless Mineral Spirits, and Thoro Super Thoroseal Waterproof Coating (containing calcium hydroxide, ferric oxide, and crystalline silica). A written program should include descriptions for how the criteria for: 1) Labeling and other forms of warning; 2) Safety Data Sheets; AND 3) Employee information and training will be met. Additionally, a list of hazardous chemicals known to be present in the workplace must be complied. Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards must also be addressed. The written program must be made available upon request. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Gravity |
5 |
| 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) 61 Johnson Park - On or about 3/12/15, the employer did not provide the required information and training to employees who work daily with materials such as, but not limited to, Commercial Grade Quikrete Mason Mix Type S Mortar (containing crystalline silica and lime), Klean Strip Premium Sprayable Stripper (containing methylene chloride and methanol), Klean Strip Odorless Mineral Spirits, and Thoro Super Thoroseal Waterproof Coating (containing calcium hydroxide, ferric oxide, and crystalline silica). Employees shall be informed of: 1) The requirements of this section; 2) Any operation where hazardous chemicals are present; AND 3) The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and Material 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 employer's Hazard Communication Program including an explanation of labeling systems, Material Safety Data Sheets and how employees can obtain and use the appropriate hazard information. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V F |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
0.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| 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) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure. The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with training as required under paragraph (l)(1)(I) of this section regarding hazard communication; training as required under paragraph (l)(2)(ii) of this section regarding the use of respirators; and training in accordance with 29 CFR 1926.21, safety training and education. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002D |
| Citaton Type |
Serious |
| Standard Cited |
19260062 L01 I |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| 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 (HCS) (� 1910.1200) including, but not limited to, the requirements concerning warning signs and labels, material safety data sheets, and employee information and training: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not communicate, to the employees, information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D01 I |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
990.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(1)(i): The employer who had a workplace or operation covered by this standard, did not perform monitoring to determine if any employee may be exposed to lead at or above the action level: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not perform an initial exposure assessment in order to determine if any employee may be exposed to lead above the action level. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D01 III |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(1)(iii): The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, the employer did not collect personal samples representative of a full shift, including at least one sample where employees were removing materials, scraping, and dry sweeping lead paint, either for each shift or for the shift with the highest exposure level. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V A |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
990.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(2)(v)(A): Prior to the performance of an employee exposure assessment as required under 29 CFR 1926.62(d), 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 interim protection, including appropriate respiratory protection in accordance with 29 CFR 1926.62(f): a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not perform an employee exposure assessment as required by 1926.62(d) in order to determine actual employee exposure. The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with appropriate respiratory protection as required by the standard. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 F01 IV |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(f)(1)(iv): Respirators were not used during periods when respirators were required to provide interim protection for employees while they perform the operations specified in paragraph (d)(2) of this section: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not perform an exposure assessment as required in order to determine actual employee exposure. The employer did not provide employees with respiratory protection as interim protection for these employees. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01005A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V B |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
990.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| 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) 61 Johnson Park - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not perform an employee exposure assessment as required in order to determine actual employee exposure. The employer did not provide employees, performing the tasks described in 29 CFR 1926.62(d)(2), with appropriate personal protective clothing and equipment in accordance with 1926.62(g). Employees wore their street clothing while performing these tasks. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01005B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 G01 |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(g)(1): As interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2) of this section, the employer did not provide at no cost to the employees and ensure that each employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments such as, but not limited to, (i) coveralls or similar full-body clothing, and (ii) gloves, hats, and shoes or disposable shoe coverlets: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not ensure that employees, performing the tasks described in 29 CFR 1926.62(d)(2), used appropriate personal protective clothing and equipment in accordance with 1926.62(g). Employees wore their street clothing while performing these tasks. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01006A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V C |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
990.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(2)(v)(C): Prior to the performance of an employee exposure assessment as required under 29 CFR 1926.62(d), 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 change areas in accordance with 29 CFR 1926.62(i)(2): a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not perform an employee exposure assessment as required in order to determine actual employee exposure. The employer did not provide employees, performing the tasks described in 29 CFR 1926.62(d)(2), with change areas in accordance with 1926.62(I)(2). ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01006B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 I02 I |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas for employees whose airborne exposure to lead was above the permissible exposure limit, without regard to the use of respirators: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not perform an employee exposure assessment as required in order to determine actual employee exposure. The employer did not provide employees with change areas as interim protection for these employees. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01007A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 D02 V E |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-07-07 |
| Current Penalty |
0.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| 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) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. The employer did not conduct biological monitoring in accordance with paragraph (j)(1)(I) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01007B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 J01 I |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-07-07 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| 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) 61 Johnson Park - On or about 3/12/15, the employer did not make available initial medical surveillance to employees who disturbed lead-based paint when they removed window trim, door trim and other items which were painted with lead-based paint. Employees also scraped and dry swept paint which contained 0.011%-3.59% lead. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01009 |
| Citaton Type |
Serious |
| Standard Cited |
19260062 H03 |
| Issuance Date |
2015-06-25 |
| Abatement Due Date |
2015-08-14 |
| Current Penalty |
990.0 |
| Initial Penalty |
2200.0 |
| Final Order |
2015-07-21 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(h)(3): Shoveling, dry or wet sweeping, and brushing were used when vacuuming or other equally effective methods were effective: a) 61 Johnson Park, Buffalo, NY - On or about 3/12/15, employees dry swept lead paint from the floors. Vacuuming or other effective methods were not tried and found to be ineffective. ABATEMENT CERTIFICATION REQUIRED |
|
|
