OSHA Inspection: FORTUNE PAINTING COMPANY, INC.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $3850.00 · Current $3850.00

Hazardous substances 02601591C141

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)(2)(ii)(A): The employer did not ensure that employees left the respirator use area to wash their faces and facepieces as necessary to prevent eye or skin irritation associated with respirator use:    a) On 15 November 2013, the employer did not ensure that employee(s) left the respirator use area to wash their faces and respirator facepieces, as necessary, to prevent eye and skin irritation associated with respirator use.  Worker(s) were required to use respiratory protection, and wore 3M Model 7500 Negative Pressure Half Mask Respirators equipped with P100 Model 2091 cartridge filters.  Workers were exposed to hazardous chemicals when power sanding and manually scraping old paint containing up to 16.33% Lead; 0.0072% Cadmium and 0.0027% Arsenic. Worker(s) had particulate matter contamination on their face(s) and samples collected on the inner surfaces of their respirator(s) tested positive for up to 6,254 µg Lead; 1.984 µg Cadmium and 1.768 µg Arsenic.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $2310.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1)(iii): The employer did not provide, at no cost to the employee, and ensure that the 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 face shields, vented goggles, or other appropriate protective equipment which complies with 29 CFR 1910.133:    a) On 15 September 2013, the employer did not ensure use of appropriate eye protection equipment (including but not limited to face shields or safety glasses) by employee(s) with exposure to Lead compounds that may cause skin and eye irritation.  Employee(s) were exposed to Lead when power sanding and manually scraping old paint containing up to 16.33% Lead.  Worker(s) did not wear safety glasses when scraping old paint and exhibited gross contamination with particulate matter on face and hand(s).  Wipe samples confirmed exposure to Lead, up to 10,735 µg on workers hands and up to 6,254 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $2310.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(2)(ii): The employer did not provide for the cleaning, laundering, and disposal of protective clothing and equipment required by 29 CFR 1926.62(g)(1):    a) On or about 15 November 2013, the employer did not clean or launder the protective clothing and/or equipment provided to the employee(s) for protection against contamination.  Employee(s) washed at home their company-issued apparel (including but not limited to pants, shirts, jackets) as the company did not provide laundry facilities and/or service.  Employee(s) were exposed to Lead when power sanding and manually scraping old paint containing up to 16.33% Lead; and exhibited gross contamination with particulate matter on the face and hand(s).  Wipe samples confirmed exposure to Lead, up to 10,735 µg on workers hands and up to 6,254 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $3850.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C): 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 change areas in accordance with 29 CFR 1926.62(i)(2):    a) On 15 November 2013, the employer did not provide change areas, in the interim, to each affected employee until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations referenced in this section.   The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the Permissible Exposure Level whenever manually scraping and power sanding old paint containing up to 16.33% Lead.  Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s).  One worker partially changed his upper body clothes in the backyard, on the lawn, prior to leaving the work site.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(2)(iv): The employer did not ensure that all protective clothing was removed at the completion of a work shift only in change areas provided for that purpose as prescribed in 29 CFR 1926.62(i)(2):    a) On 15 November 2013, the  employer did not ensure that employee(s) removed all protective clothing at the completion of the work shift only in dedicated change areas. A worker changed only his shirt and jacket on the backyard lawn at the work site, as a dedicated change room did not exist on the premises.  Employee(s) were exposed to Lead when power sanding and scraping old paint containing up to 16.33% Lead. Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(iii): The employer did not ensure that employees did not leave the workplace wearing any protective clothing or equipment that was required to be worn during the work shift:    a) On 15 November 2013, the employer did not ensure that employee(s) removed all protective clothing worn during the shift, at the completion of work.  Employee(s) left the workplace at the end of the day wearing contaminated protective work clothing. A dedicated change room did not exist on the premises and workers did not have available a complete change of clothes.  Employee(s) were exposed to Lead when power sanding and scraping old paint containing up to 16.33% Lead. Worker(s) had particulate matter contamination on face and hand(s); up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $3850.00 · Current $3850.00

Hazardous substances 1591

General-duty citation text

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) On or about 15 November 2013, the employer did not institute a medical surveillance program, in the interim, for all employees until an exposure assessment determined the actual employee exposure to Lead, as mandated by regulations referenced in this section.  The employer did not treat employee exposures as if they were exposed up to ten times (10 X) the PEL whenever performing manual scraping and power -sanding old paint containing up to 16.33% Lead.  Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s).  Two work crew members were not enrolled in a medical surveillance program at the time of the inspection.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $3850.00 · Current $3850.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(3)(i)(A): The employer did not select, and provide to employees, the appropriate respirators as specified in 29 CFR 1910.134(d)(3)(i)(A):    a) The employer did not select and provide an appropriate respirator for worker(s) power-sanding and manually scraping old paint containing up to 16.33% Lead.  Worker(s) had particulate matter contamination on their face(s) and samples collected on the inner surfaces of their respirator(s) tested positive for up to 6,254 µg Lead which may cause skin and eye irritation.  The employer required employee(s) to wear 3M Model 7500 negative pressure Half Mask respirators when Full Face negative pressure respirators were required, thereby exposing employee(s) to lead hazards.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $3850.00 · Current $3850.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(5)(i): The employer did not provide adequate handwashing facilities in accordance with 29 CFR 1926.51(f), for use by employees exposed to lead:    a) On 15 November 2013, the employer did not provide adequate hand washing facilities to employees with dermal Lead exposure.   Employee(s) were exposed to Lead when manually scraping and power sanding old paint containing up to 16.33% Lead. Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s). There were no hand washing facilities available in the work area, soap was not available and a garden hose was the only source of running water.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(5)(ii): When showers were not provided, the employer did not ensure that employees washed their hands and face at the end of the work-shift:    a) On 15 November 2013, the employer did not ensure that workers washed their face and hands at the end of the shift, prior to leaving the work site.  Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s).  At the end of the day, workers left the site without washing off dermal contamination.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $2310.00 · Current $2310.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i): The employer did not ensure that at least the following Lead hazards were communicated to employee(s): reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects.    a) On or about 15 November 2013, the employer did not ensure that each affected employee was trained in at least the health hazards of lead listed in paragraphs (A) through (E) of this section.  Employee(s) were exposed to Lead while manual scraping and power sanding old paint containing up to 16.33% Lead. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Lead, up to 10,735 µg on workers hands and up to 6,254 µg on the inner surfaces of respirator(s).  Workers had limited understanding and knowledge of the health hazards of Lead, including but not limited to reproductive and developmental toxicity; nervous system, renal and acute toxicity.  In interviews, workers were able to identify only hematopoietic effects as an adverse health effect of lead exposure.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(2): The employer did not ensure that each employee was trained in the elements listed in paragraphs (i) through (viii) of this section:    a) On or about 15 November 2013, the employer did not ensure that employee(s) were trained in specific operations resulting in exposure; aspects of respiratory protection; and the applicable engineering controls and work practices and methods to control the exposure, in accordance with the elements listed in paragraphs (i) through (viii) of this section.  Employee(s) were exposed to Lead when power sanding and manually scraping old paint containing up to 16.33% Lead.  Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Lead, up to 10,735 µg on workers palms and fingers and up to 6,254 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $2310.00 · Current $2310.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(m)(1): The employer did not provide information to employee(s) on at least the following Cadmium hazards: cancer; lung effects; kidney effects; and acute toxicity effects.    a) On or about 15 November 2013, the employer did not provide employees with training and information which addressed the health hazards of Cadmium, including but not limited to cancer and adverse effects to renal and respiratory systems as well as acute toxicity effects.   Employee(s) were exposed to Cadmium when power sanding and scraping old paint containing up to 0.0072% Cadmium. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Cadmium, up to 7.6 µg on workers palms and fingers and up to 1.9 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(m)(4)(i): The employer did not institute a training program for each employee who is potentially exposed to cadmium, ensure employee participation in the program, and maintain a record of the contents of such program:    a) On or about 15 November 2013, the employer did not institute a training program with employee participation for workers who were potentially exposed to Cadmium.  Employee(s) were exposed to Cadmium when power sanding and scraping old paint containing up to 0.0072% Cadmium. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Cadmium, up to 7.6 µg on workers palms and fingers and up to 1.9 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(m)(4)(iii): The employer did not ensure that each employee was informed of elements listed in paragraphs (A) through (H) of this section:    a) On or about 15 November 2013, the employer did not provide information and training regarding Cadmium, covering the elements listed in paragraphs (A) through (H) of this section; including but not limited to the quantity, location, and nature of operations that could result in cadmium exposure; applicable engineering controls and work practices; specific measures to protect against exposures; aspects of respiratory protection; the medical surveillance program and access to related records.  Employee(s) were exposed to Cadmium when power sanding and scraping old paint containing up to 0.0072% Cadmium. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Cadmium, up to 7.6 µg on workers palms and fingers and up to 1.9 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $2310.00 · Current $0.00 Reduced

Hazardous substances 0260

General-duty citation text

Construction Reference: 1926.1118   NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(o)(1)(i): The employer did not ensure employee participation in the training program required for each employee who is subject to inorganic arsenic exposure above the action level, without regard to respirator use, or for whom there is a possibility of skin or eye irritation from inorganic arsenic:    a) On or about 15 November 2013, the employer did not institute a training program with employee participation for workers who were exposed to inorganic Arsenic and for whom the possibility of skin or eye irritation existed.  Employee(s) were exposed to Arsenic when power-sanding and manually scraping old paint containing up to 0.0027% Arsenic. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Arsenic, up to 4.1 µg on workers palms and fingers and up to 1.7 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0260

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(o)(1)(ii): Training was not provided for employee(s) at the time of initial assignment to an area where employees are subject to inorganic arsenic exposure above the action level, or for whom there is a possibility of skin or eye irritation from inorganic arsenic:    a) On or about 15 November 2013, the employer did not provide information on Arsenic to each affected employee, covering the elements listed in paragraphs (A) through (F) of this section.  Worker(s) did not receive information on Arsenic, including but not limited to the quantity, location, manner of use and nature of operations that could result in Arsenic exposure; the use and limitations of respirators; the applicable engineering controls and work practices.  Employee(s) were exposed to Arsenic when power-sanding and manually scraping old paint containing up to 0.0027% Arsenic. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Arsenic, up to 4.1 µg on workers palms and fingers and up to 1.7 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0260

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(p)(1)(ii): The employer did not communicate to employee(s) the hazards of inorganic arsenic, addressing at least the following: cancer; liver effects; skin effects; respiratory irritation; nervous system effects; and acute toxicity effects.    a) On or about 15 November 2013, the employer did not provide employees with training and information which addressed the health hazards of inorganic Arsenic, including but not limited to cancer and adverse health effects to liver, dermal, respiratory and nervous systems as well as acute toxicity effects.  Employee(s) were exposed to Arsenic when power-sanding and manually scraping old paint containing up to 0.0027% Arsenic. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Arsenic, up to 4.1 µg on workers palms and fingers and up to 1.7 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $42350.00 · Current $42350.00

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 mcg/m3) calculated as an 8-hour time-weighted average (TWA):    a) On or about 15 November 2013, the employer did not perform an initial determination to assess if any employee(s) were exposed to Lead at or above the Action Level.   Employee(s) were exposed to Lead when power-sanding and manually scraping old paint containing up to 16.33% Lead. Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s).  At this work site, the employer only used instant Lead Check test kits to determine the presence of lead in paint.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

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) On or about 15 November 2013, 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 to assess worker(s) exposure to Lead.   Employee(s) were exposed to Lead when power-sanding and manually scraping old paint containing up to 16.33% Lead.  Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg Lead on hands and up to 6,254 µg Lead on the inner surfaces of respirator(s).  At this work site, the employer only used instant Lead Check test kits to determine the presence of lead in paint.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $3850.00 · Current $0.00 Reduced

Hazardous substances 0260

General-duty citation text

Construction Reference: 1926.1118  NOTE: The requirements applicable to construction work under this section are identical to those set forth at � 1910.1018 of this chapter.    29 CFR 1910.1018(e)(2): Initial monitoring was not performed for each workplace, or work operation covered by 29 CFR 1910.1018 to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed:    a) On or about 15 November 2013, the employer did not determine the airborne concentration of inorganic Arsenic (via personal air monitoring) to which his employee(s) were exposed.  Employee(s) were exposed to Arsenic when power-sanding and manually scraping old paint containing up to 0.0027% Arsenic. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Arsenic, up to 4.1 µg on workers palms and fingers and up to 1.7 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(d)(1)(i): The employer did not establish the applicability of this standard by determining whether cadmium was present in the work place and whether there was the possibility that employee exposure will be at or above the action level prior to performance of any construction work:    a) On or about 15 November 2013, the employer did not perform an initial determination to assess the presence of Cadmium in the workplace and to evaluate the possibility of employee exposures at or above the action level.  Employee(s) were exposed to Cadmium when power sanding and scraping old paint (containing up to 0.0072% Cadmium).  Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Cadmium, up to 7.6 µg on workers palms and fingers and up to 1.9 µg on the inner surfaces of respirator(s).

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $7700.00 · Current $3400.00 Reduced

Hazardous substances 02601591C141

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 15 November 2013, 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 contaminated with lead on the inside.      (1) An employee wearing a half face respirator 3M Model 7500 equipped with P100 Model 2091 cartridge filters while manually scraping and power-sanding old paint.  Upon inspection, the inner surfaces of respirator were visibly contaminated with dust and tested positive for up to 6,254 µg Lead, 1.984 µg Cadmium, and 1.768 µg Arsenic.      (2) An employee wearing a half face respirator 3M Model 7500 equipped with P100 Model 2091 cartridge filters while manually scraping and power-sanding old paint.  Upon inspection, the inner surfaces of respirator were visibly contaminated with dust and tested positive for up to 3,891 µg Lead, 1.945 µg Cadmium, and 0.775 µg Arsenic.    Fortune Painting Company Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(h)(1)(i), which was contained in OSHA inspection number 531818,  citation number 1, item number 2, and was affirmed as a final order on April 12, 2013, with respect to a workplace located at 716 Clinton Pl., Evanston, IL 60202.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $7700.00 · Current $3400.00 Reduced

Hazardous substances 02601591C141

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 15 November 2013, the employer did not ensure that employee(s) wearing tight-fitting respiratory protection demonstrated knowledge how to inspect, put on, remove and use the respirator.  A worker wearing respiratory protection while manually scraping and power sanding Lead, Cadmium and Arsenic -containing paint, did not perform a user seal check each time he put on the respirator and placed the straps of the respirator over the hat.  Samples collected on the inner surfaces of his respirator tested positive for up to 6,254 µg Lead, 1.984 µg Cadmium, and 1.768 µg Arsenic.    Fortune Painting Company Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(k)(1)(iv), which was contained in OSHA inspection number 531818,  citation number 1, item number 4-b, and was affirmed as a final order on April 12, 2013, with respect to a workplace located at 716 Clinton Pl., Evanston, IL 60202.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $1540.00 · Current $1540.00

Hazardous substances 02601591C141

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(m)(2)(i): The employer did not establish a record of the qualitative and quantitative fit tests administered to an employee which included the information required by 29 CFR 1910.134(m)(2)(i)(A) through (m)(2)(i)(E):    a) On or about 15 November 2013, the employer required of the employee(s) removing old paint to wear respiratory protection.  Workers were exposed to hazardous chemicals when sanding old paint (containing up to 16.33% Lead; 0.0072% Cadmium and 0.0027% Arsenic) using power tools and manually scraping it.  Worker(s) were provided and used 3M Model 7500 Negative Pressure Half Mask Respirators equipped with P100 Model 2091 cartridge filters.  The employer's record of the qualitative fit test records administered to employee(s) did not contain all the elements listed in paragraphs (A) through (E) of this section.      Fortune Painting Company Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(m)(2)(i), which was contained in OSHA inspection number 313064867,  citation number 2, item number 2, and was affirmed as a final order on August 04, 2009, with respect to a workplace located at 6619 N. Lincoln, Lincolnwood, IL 60712.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $19250.00 · Current $12580.00 Reduced

Hazardous substances 1591

General-duty citation text

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) On 15 November 2013, the employer did not provide appropriate personal protective equipment including but not limited to shoe coverlets to employees as interim protection, until an exposure assessment determined the actual employee exposure to Lead.  Employee(s) were exposed to Lead when power sanding and scraping old paint containing up to 16.33% Lead.  Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg on workers palms and fingers and up to 6,254 µg on the inner surfaces of respirator(s).  None of the employee(s) wore shoe coverlets.    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)(2)(v)(B), which was contained in OSHA inspection number 531818, citation number 2, item number 2,  and was affirmed as a final order on April 12, 2013, with respect to a workplace located at 716 Clinton Pl., Evanston, IL 60202.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $7700.00 · Current $3400.00 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 or found effective:    a) On 15 November 2013, the employer did not ensure that Lead-contaminated surfaces were not cleaned by dry-sweeping, brushing or shoveling methods.  Employee(s) were exposed to Lead when manually scraping and power-sanding old paint containing up to 16.33% Lead.  Worker(s) had particulate matter contamination on face and hands; up to 10,735 µg on workers palms and fingers and up to 6,254 µg on the inner surfaces of respirator(s).   At the end of the shift, worker(s) used broom(s) to dry-sweep Lead-containing paint debris, and placed it into plastic bags.    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(h)(3), which was contained in OSHA inspection number 531818, citation number 1, item number 6, and was affirmed as a final order on April 12, 2013, with respect to a workplace located at 716 Clinton Pl., Evanston, IL 60202.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $7700.00 · Current $3400.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i): The employer did not provide clean change areas as an interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), without regard to the use of respirators:    a) On 15 November 2013, the employer did not provide change areas, as interim protection, to employee(s) performing manual scraping and power sanding of old paint containing up to 16.33% Lead.  Worker(s) had particulate matter contamination on face and hands up to 10,735 µg on hands and up to 6,254 µg on the inner surfaces of respirator(s).   One worker partially changed his upper body clothes in the backyard, on the lawn, prior to leaving the work site.    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(i)(2)(i), which was contained in OSHA inspection number 313064867, citation number 1, item number 3-A, and was affirmed as a final order on August 4, 2009, with respect to a workplace located at 6619 N. Lincoln, Lincolnwood, IL 60712.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $770.00 · Current $770.00

Hazardous substances 02601591C141

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(e)(6)(i): The employer did not obtain from the physician or other licensed health care professional (PLHCP)  a written recommendation regarding the employee's ability to use the respirator:    a) On or about 15 November 2013, the employer required of the employee(s) removing old paint  containing up to 16.33% Lead, 0.0072% Cadmium, and 0.0027% Arsenic, to wear respiratory protection.  Worker(s) were provided and used 3M Model 7500 Negative Pressure Half Mask Respirators equipped with P100 Model 2091 cartridge filters.  The employer did not obtain a written recommendation from PLHCP in regards to the ability of each employee to use a respirator.

Issued

2014-05-12 00:00:00

Abate by

2015-05-15 00:00:00

Penalty

Initial $770.00 · Current $670.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(e)(2)(ii)(A): The written compliance program established by the employer did not include a description of each activity in which lead was emitted, for example, equipment used, material involved, controls in place, crew size, employee job responsibilities, operating procedures, and maintenance practices:    a) On or about 15 November 2013, the employer did not implement prior to the beginning of the job, a written compliance program for Lead exposure, covering following elements: employee job responsibilities, operating procedures and maintenance practices.  Employee(s) were exposed to Lead while manual scraping and power tool sanding old paint containing up to 16.33% Lead. Worker(s) exhibited gross contamination with particulate matter on the face and hand(s); wipe samples confirming exposure to Lead, up to 10,735 µg on workers hands and up to 6,254 µg on the inner surfaces of respirator(s).