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Violation Detail

Standard Cited: 19101000 E Air contaminants.

Inspection Nr: 1436552.015

Citation: 01007B

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $0.00

Current Penalty: $0.00

Issuance Date: 04/03/2020

Nr Instances: 3

Nr Exposed: 33

Abatement Date: 12/24/2020

Gravity: 5

Report ID: 0418100

Contest Date: 05/07/2020

Final Order: 07/07/2021

Related Event Code (REC): A

Emphasis:

Substance: 0040

Substance: 2460


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 07/07/2021 $0.00 12/24/2020 Serious  
Penalty C: Contested 05/14/2020 $0.00 12/24/2020 Serious  
Penalty Z: Issued 04/03/2020 $0.00 12/24/2020 Serious  

Text For Citation: 01 Item/Group: 007B Hazard:

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d): Effective engineering controls were not provided in the following: a) Creative Multicare, Inc. - On or about February 12, 2020, in the residential bathroom located at Eastwood Village Apartments, 3005 Eastwood Village Drive, Unit 1420, Stockbridge, GA, an employee conducting a chemical wash in an apartment was exposed to toluene at 640 ppm for a 10 minute period. The exposure was derived from a sample taken in which the employee conducted chemical washes of two bathtubs for an actual exposures of 10 minutes of the 20 minute sampling period while wearing a negative pressure respirator. b) Creative Multicare, Inc. - On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, 395 North Perry Parkway, Perry, GA, an employee conducting a chemical wash in an apartment was exposed to toluene concentration much greater than the allowable peak exposure standard of 500 ppm. General methods of control applicable in these circumstances include, but are not limited to the following: 1. Evaluate and/or develop local exhaust ventilation system. However, other methods of abatement may be equally, or more appropriate. Ultimate responsibility for determining the most appropriate abatement method rests with the employer given its superior knowledge of the specific conditions at its worksite. Abatement Schedule Step 1 - A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following actions which must be consistent with the abatement dates required by this citation: (1) Evaluation of engineering/administrative control options; (2) Selection of optimum control methods and completion of design; (3) Procurement, installation and operation of selected control measures; (4) Testing and acceptance or modification/redesign of controls. All proposed control measures shall be approved for each particular use by a competent industrial hygienist or other technically qualified person. 90-day progress reports are required during the abatement period. Step 2: Abatement shall have been completed by the implementation of feasible engineering and /or administrative controls upon verification of their effectiveness in achieving compliance. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF 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.

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