Text For Citation: 01 Item/Group: 015B 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): Feasible administrative or engineering controls were not determined and implemented to comply with 29 CFR 1910.1000(a) and assure that employee exposure to particulate not otherwise regulated (PNOR) total dust was below the permissible exposure limit. Employees with exposure in excess of the permissible exposure limit (PEL) included the following instances: a.) On or about February 14, 2024, an employee was exposed to PNOR (total dust) that exceeded the PEL while performing transportation tank cleaning duties. The employee was exposed to an 8-hour time weighted average (TWA) of 31.16 mg/m3 for particulates not otherwise regulated total dust, approximately 2.0 times the Permissible Exposure Limit (PEL) of 15.0 mg/m3. The exposure level was derived from samples collected over a 269 minute sampling period, with zero exposure assumed for the unsampled period of 211 minutes. b.) On or about February 14, 2024, an employee was exposed to PNOR (total dust) that exceeded the PEL while performing transportation tank cleaning duties. The employee was exposed to an 8-hour time weighted average (TWA) of 38.60 mg/m3 for particulates not otherwise regulated total dust, approximately 2.6 times the Permissible Exposure Limit (PEL) of 15.0 mg/m3. The exposure level was derived from samples collected over a 279 minute sampling period, with zero exposure assumed for the unsampled period of 201 minutes. Controls usually applicable in these circumstances include but are not limited to: 1. Local ventilation effectively installed during tank cleaning operations. Step 1: Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measure to control employee exposure to air contaminants as referenced in this citation. This plan shall include, at a minimum, target dates for the following actions which must be consistent with the dates required by this citation: 1. Evaluation of engineering control options 2. Selection of optimum control method and completion of design 3. Procurement, installation, and operation of selected control measures 4. Testing and acceptance or modification/redesign of controls Step 2: All proposed control measures shall be evaluated for each particular use by a competent industrial hygienist or other technically qualified person. Proposed control measures selected should be appropriate to the type of material present. Thirty day progress reports are required during the abatement period. Abatement must be completed by 60 days. Step 3: Abatement should be completed by the implementation of feasible engineering.