Text For Citation: 02 Item/Group: 002A Hazard:

29 CFR 1926.62(d)(2)(v)(A): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate respiratory protection in accordance with 29 CFR 1926.62(f): FORTUNE PAINTING COMPANY, INC. does not ensure use of appropriate respiratory protection by workers manually scraping and sanding old paint containing lead, in the interim, until an exposure assessment determined the actual employee exposure to lead. This condition was most recently documented: a) On or about May 21, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead. Employee(s) were used COVID-19 facemasks instead of appropriate HEPA-filtered respiratory protection. b) On or about May 22, 2020, with respect to a worksite located at 5776 W Ainslie, Chicago IL 60630, where employee(s) were exposed to lead when manually scraping and/or sanding old paint containing up to 9.9% Lead. One employee used a 3M Full Face respirator equipped with 3M model 6001 Organic Vapor cartridges while scraping and sanding paint. In the absence of a HEPA filter cartridge selection, the respirator did not adequately protect workers against airborne particulate matter containing lead. One employee used a COVID-19 facemask instead of appropriate HEPA-filtered respiratory protection when scraping or hand-brushing paint. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE 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.