Text For Citation: 01 Item/Group: 003F Hazard:

29 CFR 1926.1101(g)(1)(iii): The employer did not use work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of exposure, in the form of prompt clean-up and disposal of wastes and debris contaminated with asbestos, in leak-tight containers: (a) On or about July 27, 2016, at work site at 46-10 61st Street, Apt. 15E, Woodside, NY 11377 Employer instructed employees who were removing asbestos-containing 9" x 9" floor tile to dispose of the resultant dust and debris, which was not wetted down, in the following manner: 1. Shovel the dust and debris loose onto an unopened garbage bag spread across an open cart; 2. Add another unopened garbage bag on top of the dust and debris, shovel another layer and repeat, building it up layer by layer in the cart; 3. Transport the cart full of loose dust and debris to the basement; 4. Transfer the debris and dust by lifting the garbage bags and the loose material sitting on them, layer by layer, and dump it loose into a dumpster. At all stages of the operation, the potential existed for the spread of asbestos containing dust, from the apartment where the work took place, the corridors and elevators through which the carts were transported, and the basement area in which the material was transferred into the dumpsters. Additional possibility of spread of asbestos dust existed for the refuse collectors who collected, transported and disposed of the materials and so on until and through the material being buried in landfill. ABATEMENT CERTIFICATION REQUIRED PURSUANT TO 29 CFR 1903.19.