OSHA Inspection: FORTUNE PAINTING COMPANY, INC.

Issued

2012-10-18 00:00:00

Abate by

2012-10-25 00:00:00

Penalty

Initial $3850.00 · Current $1925.00 Reduced

Hazardous substances 1591

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at  1910.134 of this chapter.    29 CFR 1910.134(g)(1)(i)(A):     Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    (a) On or about 19 July 2012, the employer did not ensure that employee(s) wearing tight-fitting respirators did not have facial hair that interfered with the sealing surface between the elastomeric facepiece and the face.  Three painters  were observed having facial hair which interfered with the sealing surface between the facepiece and the face, and reduced the protective effect of the respirator.

Issued

2012-10-18 00:00:00

Abate by

2012-10-25 00:00:00

Penalty

Initial $3850.00 · Current $1925.00 Reduced

Hazardous substances 1591

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at  1910.134 of this chapter.    29 CFR 1910.134(h)(1)(i):     Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:    a) On or about 19 July 2012, the employer did not ensure that employee(s) wearing tight-fitting respiratory protection cleaned and disinfected the respirators as often as necessary to maintain them in a sanitary condition.  Respirators issued for the exclusive use of employee(s) were visibly dirty and/or contaminated with lead.

Issued

2012-10-18 00:00:00

Abate by

2012-10-25 00:00:00

Penalty

Initial $3850.00 · Current $1925.00 Reduced

Hazardous substances 1591

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at  1910.134 of this chapter.    29 CFR 1910.134(h)(3)(ii)(A):     Respirator inspections did not include a check of respirator function, tightness of connections, and the condition of the various parts including, but not limited to, the facepiece, head straps, valves, connecting tube, and cartridges, canisters or filters:    a) On or about 19 July 2012, the employer did not ensure that employee(s) wearing tight-fitting respiratory protection checked their respirator(s) for the connection tightness and the condition of the head straps.  A 3M Model 6800 full face respirator issued for the exclusive use of a painter had a damaged head strap which prevented a good seal between the employees face and the facepiece, therefore reducing the protective effect of the respirator.

Issued

2012-10-18 00:00:00

Abate by

2012-10-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at  1910.134 of this chapter.    29 CFR 1910.134(h)(3)(ii)(B):     Respirator inspections did not include a check of elastomeric parts for pliability and signs of deterioration:    a) On or about 19 July 2012, the employer did not ensure that employee(s) wearing tight-fitting respiratory protection checked their respirator(s) for the connection tightness and the condition of the head straps.  A 3M Model 6800 full face respirator issued for the exclusive use of a painter had damaged inhalation valves, therefore reducing the protective effect of the respirator.

Issued

2012-10-18 00:00:00

Abate by

2012-12-03 00:00:00

Penalty

Initial $3850.00 · Current $1925.00 Reduced

Hazardous substances 1591

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at  1910.134 of this chapter.    29 CFR 1910.134(k)(1)(i):     The employer did not ensure that each employee could demonstrate knowledge of why the respirator was necessary and how improper fit, usage, or maintenance could compromise the protective effect of the respirator:     a) On or about 19 July 2012, the employer did not ensure that employee(s) wearing tight-fitting respirators demonstrated knowledge as to why improper fit and maintenance of a respirator can compromise the protective effect of the respirator.  Three instances were observed among the four site employees. The result was a reduction of the protective effect of the respirator.  1) Three of the site employees had facial hair that obstructed the sealing surface between the elastomeric facepiece and the face.    2) One of the site employees used a respirator with broken straps and damaged inhalation valves.    3) Three of the site employees did not maintain their respirator in a clean and sanitary condition.

Issued

2012-10-18 00:00:00

Abate by

2012-12-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(k)(1)(iv):     The employer did not ensure that each user could demonstrate knowledge of how to inspect, put on, remove, use, and check the seals of the respirator:    a) On or about 19 July 2012, the employer did not ensure that employee(s) wearing tight-fitting respiratory protection demonstrated knowledge of how to check the valve seals of the respirator(s). A 3M Model 6800 full face respirator issued for the exclusive use of a painter had damaged inhalation valves, therefore reducing the protective effect of the respirator.

Issued

2012-10-18 00:00:00

Abate by

2012-12-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

Construction Reference: 1926.103  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.134 of this chapter.    29 CFR 1910.134(k)(5)(ii):     Retraining was not conducted when inadequacies in the employee's knowledge or use of the respirator indicated that the employee did not retain the necessary training or skill:    a) On or about 19 July 2012, the employer did not ensure that employee(s) that were required to wear tight-fitting respirators were retrained when employee(s) demonstrated inadequate knowledge and use of respiratory protection.  Painters engaged in grinding and heat gun removal of paint had previously been trained for respiratory protection but did not demonstrate knowledge as to how improper fit (including but not limited to facial hair; broken respirator straps; damaged respirator valves) and maintenance (including but not limited to cleaning of respirators) reduced the protective effect of respirators.

Issued

2012-10-18 00:00:00

Abate by

2012-12-03 00:00:00

Penalty

Initial $3850.00 · Current $1925.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(i):     Until the employer performed an employee exposure assessment, as required in 29 CFR 1926.62(d), and documented that the employee(s) performing any of the listed tasks was not exposed above the Permissible Exposure Limit (PEL), the employer did not treat affected employee(s) as if they were exposed above the PEL, and not in excess of ten times the PEL, and did not implement employee protective measures prescribed in 29 CFR 1926.62(d)(2)(v):    a) On or about 19 July 2012, in the absence of personal monitoring, the employer did not treat workers exposures as if exceeding the PEL but not in excess of 10 times the PEL and did not implement protective measures as prescribed in paragraph (d)(2)(v) of this section.  Painters engaged in grinding and heat gun removal of paint from an old wood-framed house were exposed to paint containing up to 26.8% Lead.

Issued

2012-10-18 00:00:00

Abate by

2012-11-08 00:00:00

Penalty

Initial $5390.00 · Current $2695.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(3):     Shoveling, dry or wet sweeping, and brushing were used where vacuuming or other equally effective methods had not been tried and found to be effective:    a) a) On or about 19 July 2012, the employer did not ensure that surfaces with lead accumulation were not cleaned by dry sweeping.  A painter was observed dry-sweeping and bagging lead-containing debris on the roof of a house.  At this location, painter(s) engaged in grinding and heat gun removal of paint from an old wood-framed house were exposed to paint containing up to 26.8% Lead.

Issued

2012-10-18 00:00:00

Abate by

2012-12-03 00:00:00

Penalty

Initial $7700.00 · Current $3850.00 Reduced

Hazardous substances 1591

General-duty citation text

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 mg/m3) calculated as an 8-hour time-weighted average (TWA):      a) On or about 19 July 2012, the  required painters to remove paint containing lead from the exterior of a wood-framed single family house by grinding and using a heat gun.  The employer did not determine if they were exposed to Lead at or above the action level.  The paint removed at the site was determined to contain up to 26.8% Lead.    Fortune Painting Company Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1926.62(d)(1)(i) which was contained in OSHA Inspection  # 311942643,  Citation Number 1, Item Number 7, issued on 6/10/2008, and was affirmed on 6/25/2008, with respect to a workplace located at 476 Oakwood; Lake Forest, IL 60045.

Issued

2012-10-18 00:00:00

Abate by

2012-11-08 00:00:00

Penalty

Initial $7700.00 · Current $3830.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B):     Until the employer performs an employee exposure assessment as required under paragraph (d) of this section and determines actual employee exposure, the employer did not provide to employees performing the tasks described in (d)(2)(1), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) of this section with interim, appropriate personal protective equipment in accordance with paragraph (g) of this section:    a) On or about 19 July 2012, the employer required painters to remove paint containing lead from the exterior of a wood-framed single family house by grinding and using a heat gun.  The employer did not provide appropriate personal protective clothing and equipment (including but not limited to disposable shoe coverlets and gloves) until an exposure assessment determined the actual employee exposure to lead.  The paint removed at the site was determined to contain up to 26.8% Lead.    Fortune Painting Company Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1926.62(d)(1)(i) which was contained in OSHA Inspection  # 311942643,  Citation Number 1, Item Number 8, issued on 6/10/2008, and was affirmed on 6/25/2008, with respect to a workplace located at 476 Oakwood; Lake Forest, IL 60045.