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Violation Detail

Standard Cited: 19261101 H02 I Asbestos

Inspection Nr: 1002754.015

Citation: 01005A

Citation Type: Willful

Abatement Status: Abatement Completed

Initial Penalty: $70,000.00

Current Penalty: $40,000.00

Issuance Date: 04/20/2015

Nr Instances: 1

Nr Exposed: 3

Abatement Date: 05/23/2015

Gravity: 10

Report ID: 0316700

Contest Date: 05/07/2015

Final Order: 07/08/2016

Related Event Code (REC):

Emphasis:

Substance: 9020


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 07/08/2016 $40,000.00 05/23/2015 Willful  
Penalty C: Contested 05/20/2015 $70,000.00 05/23/2015 Willful  
Penalty Z: Issued 04/20/2015 $70,000.00 05/23/2015 Willful  

Text For Citation: 01 Item/Group: 005A Hazard:

29 CFR 1926.1101(h)(2)(i): The employer fails to implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) [except (d)(1)(iii)], and (f) through (m), which covers each employee required by 29 CFR 1926.1101 to use a respirator: (a) First Capital Insulation, Incorporated - Site: 1900 North 2nd Street, Harrisburg, PA - One instance of the employer's ongoing failure to comply with this standard occurred on or about October 21, 2014 when the employer allowed employees to use North 7700 negative pressure half-mask filtering facepiece respirators for protection against asbestos without being clean shaven or fit tested to ensure an effective fit. Abatement certification and documentation of this specific instance required within 10 days after abatement date. The certification shall include a statement that abatement of this specific instance is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement of this specific instance is complete, such as evidence of the purchase of equipment, photographic or video evidence of abatement or other written records.

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