Text For Citation: 01 Item/Group: 021A Hazard:

29 CFR 1926.1101(f)(2)(i): Each employer who has a workplace or work operation covered by this standard shall ensure that a "competent person" conducts an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation or workplace. The assessment must be completed in time to comply with requirements which are triggered by exposure data or the lack of a "negative exposure assessment," and to provide information necessary to assure that all control systems planned are appropriate for that operation and will work properly. (a)Hultgren Construction, LLC at 136 S. Phillips Ave., Sioux Falls, SD 57104: On or about and at times prior to December 2, 2016, the controlling and exposing employer, with a work operation covered by the asbestos standard, did not ensure that a "competent person" conducted an exposure assessment immediately before or at the initiation of the operation to ascertain expected exposures during that operation. Employees removed a section of piping containing thermal system insulation during demolition activities within the basement of the Copper Lounge. Thermal system insulation is Presumed Asbestos Containing Material (PACM). Removal of the thermal system insulation was Class I asbestos work. A competent person had not performed an exposure assessment. This condition exposed employees to an asbestos hazard. Abatement Note: A competent person is capable of identifying existing asbestos hazards in the workplace and capable of selecting the appropriate control strategy for asbestos exposure, and who has the authority to take prompt corrective measures to eliminate them. In addition, for Class I and II work, who has received training which meets the criteria of EPA's Model Accreditation Plan for supervisors.