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Violation Detail

Standard Cited: 19261101 G07 II Asbestos

This violation item has been deleted.

Inspection Nr: 1608124.015

Citation: 01004C

Citation Type: Serious

Abatement Status: Corrected During Inspection

Initial Penalty: $0.00

Current Penalty: $0.00

Issuance Date: 09/23/2022

Nr Instances: 1

Nr Exposed: 5

Abatement Date:

Gravity: 5

Report ID: 0213600

Contest Date: 10/12/2022

Final Order: 01/10/2024

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty J: ALJ Decision 01/10/2024 $0.00   Serious  
Penalty C: Contested 10/17/2022 $0.00   Serious  
Penalty Z: Issued 09/23/2022 $0.00   Serious  

Text For Citation: 01 Item/Group: 004C Hazard:

29 CFR 1926.1101(g)(7)(ii):Where a negative exposure assessment was not produced, or where changed job conditions indicated there may be exposure above the PEL or where the employer did not remove the ACM in a substantially intact state, the employer did not use one of the methods listed in sections (A) through (C) of this paragraph for all indoor Class II jobs, in order to ensure that airborne asbestos did not migrate from the regulated area: a) Kenmore West High School, 33 Highland Parkway, Buffalo, NY, rooms 321, 322, 323, 324, 325, 326, 327, 327A, 327B, 328, and 329 - On or about June 28, 2022 through July 1, 2022 and July 5, 2022 - where a negative exposure assessment was not produced, or where changed job conditions indicated there may be exposure above the PEL or where the employer did not remove the ACM in a substantially intact state, the employer did not use one of the methods listed in sections (A) through (C) of this paragraph for all indoor Class II jobs, including work activity of drilling into ceilings containing asbestos containing material (ACM) and/or presumed asbestos containing material (PACM), in order to ensure that airborne asbestos did not migrate from the regulated area. NO ABATEMENT CERTIFICATION REQUIRED

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