Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1926.1101(d)(5): All general contractors on a construction project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos "competent person" as defined by paragraph (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary. The general contractor did not ascertain whether the contractor was in compliance with this standard and/or require the contractor to come into compliance with this standard when necessary: One Eleven Park Avenue: On or about, October 13, 2015, and at times prior to, One Eighty Construction functioning as the general contractor during the renovation at the One Eleven Park Avenue apartments, did not ascertain whether the asbestos contractor was in compliance with this standard, and did not require sub-contractors to comply with the asbestos standard during the removal of asbestos containing flooring material. One Eighty Construction failed to ensure that: 1. resilient flooring material including associated mastic and backing was assumed to be asbestos-containing; 2. all Class II and III asbestos work was conducted within regulated areas; 3. all asbestos work performed within regulated areas was supervised by a competent person, as defined in paragraph (b) of this section; 4. sub-contractors who had a workplace or work operation covered by this ensured that a "competent person" conducted an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly; 5. sub-contractor used the following engineering controls and work practices in all operations covered by this section, regardless of the levels of exposure: vacuum cleaners equipped with HEPA filters to collect all debris and dust containing ACM and PACM; wet methods, or wetting agents to control employee exposures during asbestos handling, mixing, removal, cutting, application, and cleanup; and prompt clean-up and disposal of wastes and debris contaminated with asbestos in leak-tight containers; 6. for all indoor Class II jobs, where contractors did not remove the ACM in a substantially intact state, critical barriers and impermeable dropcloths were not used to ensure that airborne asbestos does not migrate from the regulated area; 7. sub-contractor employees complied with the following work practices and that that employees were trained in these practices pursuant to paragraph (k)(9): dry sweeping is prohibited during the removal of vinyl and asphalt flooring materials which contain ACM or for which in buildings constructed no later than 1980, the employers had not verified the absence of ACM.