OSHA Inspection: FORTUNE PAINTING COMPANY, INC. DBA FORTUNE RESTORATION PAINTING & MASONRY

Issued

2020-11-17 00:00:00

Abate by

2021-01-06 00:00:00

Penalty

Initial $4453.00 · Current $4453.00

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(1)(i): Where methylene chloride was present in the workplace, the employer did not determine each employee's exposure:   On or about 18 May 2020 through 29 May 2020, FORTUNE PAINTING COMPANY, INC. did not perform an initial determination to assess each employee(s) exposure methylene chloride.   Worker(s) applied EMCO / Reliable Finishing Products Heavy Duty Paint and Varnish Remover containing 75-100 % (by weight) methylene chloride to old paint containing up to 9.9% Lead prior to manually scraping and/or sanding.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2021-01-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(g)(3)(i): The employer did not select and provide to employees, the appropriate atmosphere-supplying respirator specified in 29 CFR 1910.134(d)(3)(i)(A) and selected or used half masks:   On or about 18 May 2020 through 29 May 2020, FORTUNE PAINTING COMPANY, INC. did not provide atmosphere-supplying respirators to worker(s) who applied EMCO / Reliable Finishing Products Heavy Duty Paint and Varnish Remover containing 75-100 % (by weight) methylene chloride to old paint containing up to 9.9% Lead prior to manually scraping and/or sanding.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2020-11-23 00:00:00

Penalty

Initial $4453.00 · Current $4453.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(3): Shoveling, dry or wet sweeping, and brushing were used when vacuuming or other equally effective methods were effective:  On or about 22 May 2020, FORTUNE PAINTING COMPANY, INC. did not ensure that Lead-contaminated surfaces were not cleaned by dry-sweeping and/or brushing methods.  Employee(s) were exposed to Lead when manually scraping and sanding old paint containing up to 9.9% Lead.  Worker(s) who were not wearing respiratory protection, were observed using hand brushes to dry-sweep Lead-containing paint debris from the window frames and/or sills.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2020-11-17 00:00:00

Abate by

2020-11-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances C141

General-duty citation text

29 CFR 1926.1127(k)(5): Shoveling, dry or wet sweeping, or brushing was used before vacuuming or other methods that minimize the likelihood of cadmium becoming airborne had been tried and were found not to be effective:  On or about 22 May 2020, FORTUNE PAINTING COMPANY, INC. did not ensure that cadmium-contaminated surfaces were not cleaned by dry-sweeping and/or brushing methods.  Employee(s) were exposed to Cadmium when manually scraping and sanding old paint containing up to 0.0014 % Cadmium.  Worker(s) who were not wearing respiratory protection, were observed using hand brushes to dry-sweep Cadmium-containing paint debris from the window frames and/or sills.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2020-11-17 00:00:00

Abate by

2021-01-06 00:00:00

Penalty

Initial $4453.00 · Current $4453.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(n)(1)(ii): The employer did not include on the employee exposure monitoring records the information listed in paragraphs (A) through (E) of this section.  On or about 17 June 2020, FORTUNE PAINTING COMPANY, INC. did not ensure that exposure monitoring records included the elements listed in paragraphs (C) through (E) of this section.  Personal air sampling results provided by the employer did not contain information, including but not limited to the type of respiratory protection; the names and job classifications of all employees monitored or for whom the exposure measurement is intended to represent and any environmental variables that could affect the exposure assessment.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2021-01-06 00:00:00

Penalty

Initial $89056.00 · Current $89056.00

Hazardous substances 1591BWPB

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 ug/m3) calculated as an 8-hour time-weighted average (TWA):   a) FORTUNE PAINTING COMPANY, INC. does not perform an initial determination to assess if any employee(s) were exposed to Lead at or above the Action Level.   This condition was most recently documented on or about 18 May 2020 through 29 May  2020 with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2021-01-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591BWPB

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) FORTUNE PAINTING COMPANY, INC. does not collect personal air samples for each job classification among the employees engaged in residential renovation projects.   This condition was most recently documented on or about 18 May 2020 through 29 May 2020 with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2021-01-06 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 and did not designate a competent person to make the determination and did not ensure the that the investigation techniques used included a review of relevant plans, past reports, material safety data sheets, and other available records, with consultations with the property owner and discussions with appropriate individuals and agencies:   a) FORTUNE PAINTING COMPANY, INC. does not perform an initial determination to assess if any employee(s) are exposed to Cadmium at or above the Action Level.   This condition was most recently documented on or about 18 May 2020 through 29 May 2020  with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to cadmium when manually scraping and/or sanding old paint containing up to 0.0014 % Cadmium.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2020-11-30 00:00:00

Penalty

Initial $89056.00 · Current $89056.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A): 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 appropriate respiratory protection in accordance with 29 CFR 1926.62(f):  FORTUNE PAINTING COMPANY, INC. does not ensure use of appropriate respiratory protection by workers manually scraping and sanding old paint containing lead, in the interim, until an exposure assessment determined the actual employee exposure to lead.  This condition was most recently documented:    a) On or about May 21, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) were used COVID-19 facemasks instead of appropriate HEPA-filtered respiratory protection.    b) On or about May 22, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  One employee used a 3M Full Face respirator equipped with 3M model 6001 Organic Vapor cartridges while scraping and sanding paint.  In the absence of a HEPA filter cartridge selection, the respirator did not adequately protect workers against airborne particulate matter containing lead.  One employee used a COVID-19 facemask instead of appropriate HEPA-filtered respiratory protection when scraping or hand-brushing paint.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2020-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(iv): Appropriate respiratory protection was not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):  FORTUNE PAINTING COMPANY, INC. does not ensure use of appropriate respiratory protection by workers manually scraping and sanding old paint containing lead, in the interim, until an exposure assessment determined the actual employee exposure to lead.  This condition was most recently documented:    a) On or about May 21, 2020, with respect to worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employees used COVID-19 facemasks instead of appropriate HEPA-filtered respiratory protection.    b) On or about May 22, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  One employee used a 3M Full Face respirator equipped with 3M model 6001 Organic Vapor cartridges while scraping and sanding paint.  In the absence of a HEPA filter cartridge selection, the respirator did not adequately protect workers against airborne particulate matter containing lead.  One employee used a COVID-19 facemask instead of appropriate HEPA-filtered respiratory protection when scraping or hand-brushing paint.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2020-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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):  FORTUNE PAINTING COMPANY, INC. does ensure use of appropriate personal protective clothing and equipment such as but not limited to coveralls (or similar full-body work clothing); gloves; head covers and safety glasses by workers manually scraping and sanding old paint containing lead, in the interim, until an exposure assessment determined the actual employee exposure to lead.  This condition was most recently documented:    a) On or about May 21, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) were dressed with short sleeve T-shirts (exposed skin) or long sleeved under-shirts (personal wear items); did not use gloves and did not have head covers or safety glasses.    b) On or about May 22, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) were dressed with short sleeve T-shirts (exposed skin) or long sleeved under-shirts (personal wear items); did not use gloves and did not have head covers or safety glasses.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2020-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1)(i): 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 coveralls or similar full-body work clothing:   FORTUNE PAINTING COMPANY, INC. does not ensure use of appropriate personal protective clothing such as but not limited to coveralls or similar full-body work clothing by workers manually scraping and sanding old paint containing lead, in the interim, until an exposure assessment determined the actual employee exposure to lead.  This condition was most recently documented:    a) On or about May 21, 2020, with respect to a with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) were dressed with short sleeve T-shirts (exposed skin) or long sleeved under-shirts (personal wear items).    b) On or about May 22, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) were dressed with short sleeve T-shirts (exposed skin) or long sleeved under-shirts (personal wear items).    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2020-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1)(ii): The employer did not provide, at no cost to the employee, and ensure 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 gloves, hat, and shoes or disposable shoe coverlets:   FORTUNE PAINTING COMPANY, INC.  does not ensure use of appropriate personal protective clothing such as but not limited to gloves and hats by workers manually scraping and sanding old paint containing lead, in the interim, until an exposure assessment determined the actual employee exposure to lead.  This condition was most recently documented:     a) On or about May 21, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) did not use gloves and did not have head covers.     b) On or about May 22, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) did not use gloves and did not have head covers.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

2020-11-17 00:00:00

Abate by

2020-11-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:  FORTUNE PAINTING COMPANY, INC. does ensure use of appropriate personal protective equipment such as but not limited to face shields or safety glasses by workers manually scraping and sanding old paint containing lead, in the interim, until an exposure assessment determined the actual employee exposure to lead.  This condition was most recently documented:    a) On or about May 21, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) did not use face shields or safety glasses.    b) On or about May 22, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead.  Employee(s) did not use face shields or safety glasses.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.