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U.S. Department of Labor | |
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| Occupational Safety & Health Administration | ||||||
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Directives
CPL 02-00-034 - CPL 2.34 CH-4 - Change to the Construction Standard Alleged Violation Elements (SAVEs) Manual. |
Directives - Table of Contents |
| • Record Type: | Instruction |
| • Directive Number: | CPL 02-00-034 |
| • Old Directive Number: | CPL 2.34 CH-4 |
| • Title: | Change to the Construction Standard Alleged Violation Elements (SAVEs) Manual. |
| • Information Date: | 02/06/1989 |
| • Standard Number: | 1910; 1926 |
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OSHA Instruction CPL 2.34 CH-4 Subject: Change to the Construction Standard Alleged Violation Elements (SAVEs) Manual A. Purpose. This instruction transmits SAVEs for the Asbestos Standard for Construction published in the Federal Register June 20, 1986. B. Scope. This instruction applies OSHA-wide. C. Action. Regional Administrators and Area Directors shall ensure that all compliance personnel make the following page changes to the Construction SAVEs Manual:
REMOVE PAGES INSERT PAGES
23/24 23-24
D. State Plan States. Regional Administrators shall advise State designees of the action required by this instruction and encourage their participation in the SAVEs program. E. Background. 29 CFR Parts 1910 and 1926, Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite; Final Rules were published in the Federal Register, June 20, 1986. A 9-month partial Administrative Stay of the revised standards insofar as they apply to occupational exposure to non-asbestiform tremolite, anthophyllite and actinolite was published in the Federal Register/Vol.51, No. 201/October 17, 1986. The Administrative Stay was extended until July 21, 1988, in the Federal Register/Vol.52., No.83/April 30, 1987, and further extended until July 21, 1989, in the Federal Register/Vol.53, No.139/July 20, 1988. Therefore, until the expiration of the stay, these SAVEs are applicable only to asbestos exposure. Thomas J. Shepich, Director Directorate of Compliance Programs DISTRIBUTION: National, Regional, and Area Offices Compliance Officers State Designees NIOSH Regional Program Directors 7(c)(1) Project Managers
OPTION 1 1 29 CFR 1926.57(e): The air outlet from every dust separator and the dusts, fumes, mists, vapors or gases collected by an exhaust or ventilating system did not discharge to the outside atmosphere:
OPTION 2 2 29 CFR 1926.57(e): Dust and refuse discharging from an exhaust system was disposed of in such a manner that it resulted in harmful exposure to employees:
3 29 CFR 1926.58(c): Employer did not ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.2 fiber per cubic centimeter of air as an eight (8) hour time-weighted average (TWA) as determined by the method prescribed in Appendix A of this section, or by an equivalent method:
4 29 CFR 1926.58(d): Employer performing asbestos work requiring the establishment of a regulated area did not inform other employers on the multi-employer worksite of the nature of the work and the existing requirements pertaining to regulated areas:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(e)(1): Employer did not establish a regulated area in work areas where airborne concentrations of asbestos exceeded or could reasonably be expected to exceed the permissible exposure limit prescribed in paragraph (c) of this section:
2 29 CFR 1926.58(e)(2): Regulated area was not demarcated in a manner that minimized the number of persons within the area and protected persons outside the area from exposure to airborne concentrations of asbestos in excess of the permissible exposure limit:
3 29 CFR 1926.58(e)(3): Access to regulated areas was not limited to authorized persons or to persons authorized by the Act or regulations issued pursuant thereto:
4 29 CFR 1926.58(e)(4): All persons entering a regulated area were not supplied with a respirator selected in accordance with 29 CFR 1926.58(h)(2):
1 29 CFR 1926.58(e)(5): Employer did not ensure that employees did not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas:
2 29 CFR 1926.58(e)(6)(i): Where feasible, the employer did not establish negative-pressure enclosures before commencing asbestos removal, demolition, or renovation operations:
3 29 CFR 1926.58(e)(6)(ii): Employer did not designate a competent person to perform or supervise the duties specified in subparagraphs (A) through (H) required where a negative-pressure enclosure had been established for asbestos removal, demolition, or renovation operations:
4 29 CFR 1926.58(e)(6)(iii): Employer did not provide or ensure competent person was trained in all aspects relative to procedures for removal, other practices for reducing the hazard and abatement methods prior to asbestos removal:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(f)(1)(i): Employer did not perform monitoring to determine accurately the airborne concentration of asbestos to which employees were exposed:
2 29 CFR 1926.58(f)(1)(ii): Determinations of employee exposure to asbestos were not made from breathing zone air samples that are representatives of the 8-hour TWA of each employee:
3 29 CFR 1926.58(f)(1)(iii): Representative 8-hour TWA employee exposure was not determined on the basis of one or more samples representing full-shift exposure to asbestos for employees in each work area:
4 29 CFR 1926.58(f)(2)(i): Employer did not perform initial monitoring at the initiation of each asbestos job to accurately determine the airborne concentration of asbestos to which employees may be exposed:
1 29 CFR 1926.58(f)(2)(ii): Employer did not demonstrate that employee exposures were below the action level by means of objective data demonstrating that the product or material containing asbestos, could not release airborne fibers in concentrations exceeding the action level under those work
2 29 CFR 1926.58(f)(3): The employer did not conduct daily monitoring representative of the exposure of each employee assigned to work within a regulated area:
3 29 CFR 1926.58(f)(5)(i): All samples taken to satisfy the monitoring requirements of paragraph (f) of this section were not personal samples collected following the procedures specified in Appendix A:
4 29 CFR 1926.58(f)(5)(ii): All samples taken to satisfy the monitoring requirements of paragraph (f) of this section were not evaluated using the OSHA Reference Method (ORM) specified in Appendix A, or an equivalent counting method:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(f)(5)(iii)(A): When an equivalent method to the OSHA Reference Method (ORM) was used, the employer did not ensure that replicate exposure data used to establish equivalency were collected in side-by-side field and laboratory comparisons:
2 29 CFR 1926.58(f)(5)(iii)(B): When an equivalent method to the OSHA Reference Method (ORM) was used, the employer did not ensure that the comparison indicated that 90 percent of the samples collected in the range 0.5 to 2.0 times the permissible limit had an accuracy range of plus or minus 25 percent of the ORM results with a 95 percent confidence level as demonstrated by a statistically valid protocol:
3 29 CFR 1926.58(f)(5)(iii)(C): When an equivalent method to the OSHA Reference Method (ORM) was used, the employer did not ensure that the equivalent method was documented and the results of the comparison testing maintained:
4 29 CFR 1926.58(f)(5)(iv): Employer relied upon the results of monitoring analysis performed by a laboratory which had not instituted a quality assurance program that included the elements prescribed in Appendix A:
1 29 CFR 1926.58(f)(6)(i): Employer did not notify affected employees, as soon as possible following receipt of monitoring results that represented that employee's exposure to asbestos:
2 29 CFR 1926.58(f)(6)(ii): Notification of monitoring results to the employees exposed to asbestos was not in writing either individually or by posting at a centrally located place accessible to the affected employees:
3 29 CFR 1926.58(f)(7)(i): Employer did not provide affected employee or their designated representative an opportunity to observe any monitoring of employee exposure to asbestos conducted in accordance with this section:
4 29 CFR 1926.58(f)(7)(ii): When observation of the monitoring of employee exposure to asbestos required entry into an area where the use of protective clothing or equipment is required, the observer was not provided with or was not required to use such clothing or equipment nor to comply with all other applicable safety and health procedures:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(g)(1)(i): Employer did not use one or any combination of control methods specified in subparagraphs (A)-(G) to achieve compliance with the permissible exposure limit (PEL) prescribed in 29 CFR 1926.58(c) :
2 29 CFR 1926.58(g)(1)(ii): Where feasible engineering and work practice controls were not sufficient to reduce employee exposure to or below the limit prescribed in 29 CFR 1926.58(c), the employer did not use them to reduce employee exposure to the lowest levels attainable by these controls and supplement them with the use of respiratory protection which complies with 29 CFR 1926.58(h):
3 29 CFR 1926.58(g)(2)(i): High speed abrasive disc saws not equipped with appropriate engineering controls were used for work related to asbestos:
4 29 CFR 1926.58(g)(2)(ii): Compressed air without an enclosed ventilation system designed to capture the dust cloud created by the compressed air was used to remove asbestos:
1 29 CFR 1926.58(g)(2)(iii): Materials containing asbestos were applied by spray method:
2 29 CFR 1926.58(g)(3): The employer used employee rotation as a means of compliance with the exposure limit prescribed in 29 CFR 1926.58(c):
3 29 CFR 1926.58(h)(1)(i): Employer did not provide respirators, or did not ensure their use, during the interval necessary to install or implement feasible engineering and work practice controls:
4 29 CFR 1926.58(h)(1)(ii): Employer did not provide respirators, or did not ensure their use in work operations such as maintenance and repair activities, or other activities for which engineering and work practice controls were not feasible:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(h)(1)(iii): Employer did not provide respirators, or did not ensure their use in work situations where feasible engineering and work practice controls were not yet sufficient to reduce exposure to or below the exposure limit:
2 29 CFR 1926.58(h)(1)(iv): Employer did not provide respirators, or did not ensure their use during emergencies:
3 29 CFR 1926.58(h)(2)(i): Where respirators were used, the employer did not select and provide, at no cost to the employee, the appropriate respirator as specified in Table D-4, or he did not ensure that the employees used the respirator:
4 29 CFR 1926.58(h)(2)(ii): The employer did not select respirators from among those jointly approved by the Mine Safety and Health Administration (MSHA) and the National Institute for Occupational Safety and Health (NIOSH) under the provision of 30 CFR Part 11:
1 29 CFR 1926.58(h)(2)(iii): The employer did not provide a powered, air-purifying respirator in lieu of any negative- pressure respirator specified in Table D-4 when an employee chose to use this type of respirator which provides adequate protection to the employee:
2 29 CFR 1926.58(h)(3)(i): Where respiratory protection was used, employer did not institute a respirator program in accordance with 29 CFR 1910.134(b),(d),(e), and (f):
3 29 CFR 1926.58(h)(3)(ii): The employer did not permit each employee who uses a filter respirator to change the filter elements whenever an increase in breathing resistance was detected, or an adequate supply of the filter elements was not maintained for this purpose:
4 29 CFR 1926.58(h)(3)(iii): Employees who wear respirators were not permitted to leave the work area (regulated) to wash their faces and respirator face pieces whenever necessary to prevent skin irritation associated with respirator use:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(h)(3)(iv): An employee was assigned to tasks requiring the use of respirators when, based upon the employee's most recent examination, the examining physician determined that the employee would be unable to function normally wearing a respirator, or that the safety or health of the employee or of other employees would be impaired by the use of a respirator:
2 29 CFR 1926.58(h)(4)(i): The employer did not ensure that the respirator issued to the employee(s) exhibits the least possible facepiece leakage and that the respirator was fitted properly:
OPTION 1 3 29 CFR 1926.58(h)(4)(ii): Employer did not perform either quantitative or qualitative face fit test at the time of initial fitting and at least every 6 months thereafter for each employee wearing a negative-pressure respirator:
OPTION 2 4 29 CFR 1926.58(h)(4)(ii): The qualitative face fit tests, which may be used only for testing the fit of half-mask respirators where permitted to be worn, were not conducted in accordance with Appendix C:
OPTION 3 1 29 CFR 1926.58(h)(4)(ii): Quantitative or qualitative face fit tests were not used to select facepieces that provide the required protection as prescribed in Table D-4 of this section:
2 29 CFR 1926.58(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head-covering, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos exceeding the permissible exposure limit prescribed in 29 CFR 1926.58(c):
3 29 CFR 1926.58(i)(2)(i): The employer did not ensure that laundering of contaminated clothing is done so as to prevent the release of airborne asbestos exceeding the exposure limit prescribed in 29 CFR 1926.58(c):
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(i)(2)(ii): The employer gave contaminated clothing to another person for laundering, but did not inform that person of the requirement in paragraph (i)(2)(i) of this section to effectively prevent the release of airborne asbestos in excess of the exposure limit prescribed in 29 CFR 1926.58(c):
2 29 CFR 1926.58(i)(3): Contaminated clothing was not transported in sealed impermeable bags, or other closed, impermeable containers, and labeled in accordance with 29 CFR 1926.58(k):
3 29 CFR 1926.58(i)(4)(i): Competent person did not periodically examine worksuits worn by employees for rips or tears that may occur during the performance of work:
4 29 CFR 1926.58(j)(1)(i): Clean change areas were not provided for employees required to work in regulated areas or required by 29 CFR 1926.58(i)(1) to wear protective clothing:
1 29 CFR 1926.58(j)(1)(ii): The employer did not ensure that change areas were equipped with separate storage facilities for protective clothing and street clothing, in accordance with 29 CFR 1910.141(e):
2 29 CFR 1926.58(j)(1)(iii): Where food or beverages were consumed at the worksite and employees were exposed to airborne concentrations of asbestos in excess of the permissible exposure limit, the employer did not provide lunch areas in which the airborne concentration of asbestos is below the action level:
OPTION 1 3 29 CFR 1926.58(j)(2)(i): The employer did not establish an area adjacent and connected to the regulated area for decontamination of employees contaminated with asbestos:
OPTION 2 4 29 CFR 1926.58(j)(2)(i): The decontamination area did not consist of an equipment room, shower area, and clean room in series:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance OPTION 3 1 29 CFR 1926.58(j)(2)(i): The employer did not ensure that employees enter and exit the regulated area through the decontamination area:
2 29 CFR 1926.58(j)(2)(ii): The clean room was not equipped with a locker or appropriate storage container for each employee's use:
OPTION 1 3 29 CFR 1926.58(j)(2)(iii): Where feasible, shower facilities provided did not comply with 29 CFR 1910.141(d)(3):
OPTION 2 4 29 CFR 1926.58(j)(2)(iii): Showers were not contiguous both to the equipment room and the clean change room:
OPTION 3 1 29 CFR 1926.58(j)(2)(iii): Where it was not feasible to locate the shower between the equipment room and clean change room, the employer did not ensure that employees removed asbestos contamination from their worksuits using a HEPA vacuum, or removed their contaminated worksuits and donned clean worksuits before proceeding to the shower that was not contiguous to the work area:
2 29 CFR 1926.58(j)(2)(iv): The equipment room was not supplied with impermeable, labeled bags and containers for the containment and disposal of contaminated protective clothing and equipment:
3 29 CFR 1926.58(j)(2)(v)(A): The employer did not ensure that employees: (1) enter the decontamination area through the clean room; (2) remove and deposit street clothing within a locker provided for their use; and (3) put on protective clothing and respiratory protection before leaving the clean room:
4 29 CFR 1 26.58(j)(2)(v)(B): The employer did not ensure that employees pass through the equipment room before entering the enclosure:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(j)(2)(vi)(A): Employer did not ensure that before leaving the regulated areas, employees remove all gross contamination and debris from their protective clothing:
2 29 CFR 1926.58(j)(2)(vi)(B): Employer did not ensure that employees remove protective clothing in the equipment room and deposit the clothing in labeled impermeable bags or containers:
3 29 CFR 1926.58(j)(2)(vi)(C): Employer did not ensure that employees did not remove their respirators in the equipment room:
4 29 CFR 1926.58(j)(2)(vi)(D): Employer did not ensure that employees shower prior to entering the clean room:
1 29 CFR 1926.58(j)(2)(vi)(E): Employer did not ensure that after showering, employees entered the clean room before changing into street clothes:
OPTION 1 2 29 CFR 1926.58(k)(1)(i): Warning signs that demarcate the regulated area were not provided and displayed at each location where airborne concentrations of asbestos may have been in excess of the exposure limit prescribed in 29 CFR 1926.58(c):
OPTION 2 3 29 CFR 1926.58(k)(1)(i): Signs warning of the regulated area were not posted at such a distance from such location that an employee could read the signs and take necessary protective steps before entering the areas:
4 29 CFR 1926.58(k)(1)(ii): The warning signs required by paragraph(k)(1)(i) of this section did not bear the following information: DANGER, ASBESTOS, CANCER AND LUNG DISEASE HAZARD, AUTHORIZED PERSONNEL ONLY, RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(k)(2)(i): Labels were not affixed to all products containing asbestos and all containers containing such products, including waste containers:
2 29 CFR 1926.58(k)(2)(ii): Labels on products containing asbestos were not printed in large, bold letters on a contrasting background:
OPTION 1 3 29 CFR 1926.58(k)(2)(iii): Labels on products or containers containing asbestos were not used in accordance with the requirements of 29 CFR 1910.1200(f) of OSHA's Hazard Communication Standard:
OPTION 2 4 29 CFR 1926.58(k)(2)(iii): Labels on products or containers containing asbestos did not contain the following information: DANGER, CONTAINS ASBESTOS FIBERS, AVOID CREATING DUST, CANCER AND LUNG DISEASE HAZARD:
1 29 CFR 1926.58(k)(2)(v): Labels did not contain a warning statement against breathing airborne asbestos fibers:
2 29 CFR 1926.58(k)(3)(i): The employer did not institute a training program for all employees exposed to airborne concentrations of asbestos at or above the action level and ensure their participation in the program:
3 29 CFR 1926.58(k)(3)(ii): All employees exposed to airborne concentrations of asbestos at or above the action level were not provided training prior to or at the time of initial assignment and at least annually thereafter:
4 29 CFR 1926.58(k)(3)(iii)(A): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of the methods of recognizing asbestos:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(k)(3)(iii)(B): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of the health effects associated with asbestos:
2 29 CFR 1926.58(k)(3)(iii)(C): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of the relationship between smoking and asbestos in producing lung cancer:
3 29 CFR 1926.58(k)(3)(iii)(D): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of the nature of operations that could result in exposure to asbestos, the importance of necessary protective controls to minimize exposure including, as applicable, engineering controls, work practices, respirators, housekeeping procedures, hygiene facilities, protective clothing, decontamination procedures, emergency procedures, and waste disposal procedures, and any necessary instruction in the use of these controls and procedures:
1 29 CFR 1926.58(k)(3)(iii)(E): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of the purpose, proper use, fitting instructions, and limitations of respirators as required by 29 CFR 1910.134:
2 29 CFR 1926.58(k)(iii)(F): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of the appropriate work practices for performing the asbestos job:
3 29 CFR 1926.58(k)(3)(iii)(G): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of medical surveillance program requirements:
4 29 CFR 1926.58(k)(3)(iii)(H): Employer did not ensure that each employee exposed to airborne concentrations of asbestos at or above the action level was informed of the contents of this standard, including appendices:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(k)(4)(i): The employer did not make readily available to all affected employees without cost all written materials relating to the employee training program, including a copy of this regulation:
2 29 CFR 1926.58(k)(4)(ii): Upon request, all information and training materials relating to the employee information and training program were not provided to the Assistant Secretary or the Director:
OPTION 1 3 29 CFR 1926.58(l)(1): Where vacuuming methods were selected, HEPA filtered vacuuming equipment was not used:
OPTION 2 4 29 CFR 1926.58(l)(1): Vacuuming equipment was not used or emptied in a manner that minimized the reentry of asbestos into the workplace:
1 29 CFR 1926.58(l)(2): Asbestos waste, scrap, debris, bags, containers, equipment, or contaminated clothing consigned for disposal were not collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers:
3 29 CFR 1926.58(m)(1)(ii)(A): The employer did not ensure that all medical examinations and procedures were performed by or under the supervision of a licensed physician at no cost to the employee and at a reasonable time and place:
4 29 CFR 1926.58(m)(1)(ii)(B): Persons other than licensed physicians who administered the pulmonary function testing required by this section had not completed a training course in spirometry sponsored by an appropriate academic or professional institution:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(m)(2)(i): The employer did not make available medical examinations and consultations to each employee covered under 29 CFR 1926.58(m)(1)(i) as specified in subparagraphs (A) through (D):
2 29 CFR 1926.58(m)(2)(ii)(A): Medical examinations made available pursuant to 29 CFR 1926.58(m)(2)(i)(A) through (C) did not include a medical and work history with special emphasis directed to the pulmonary, cardiovascular, and gastrointestinal systems:
3 29 CFR 1926.58(m)(2)(ii)(B): Medical examinations made available pursuant to 29 CFR 1926.58(m)(2)(i)(A) through (C) did not include on initial examination, the standardized questionnaire contained in Appendix D, Part 1, and, on annual examination, the abbreviated standardized questionnaire contained in Appendix D, Part 2:
OPTION 1 1 29 CFR 1926.58(m)(2)(ii)(C): Medical examinations made available pursuant to 29 CFR 1926.58(m)(2)(i)(A) through (C) did not include a physical examination directed to the pulmonary and gastrointestinal systems, including a chest roentgenogram to be administered at the discretion of the physician, and pulmonary function tests of forced vital capacity (FVC) and forced expiratory volume at one second (FEV1):
OPTION 2 2 29 CFR 1926.58(m)(2)(ii)(C): Chest roentgenograms administered at the discretion of the examining physician were not interpreted and classified in accordance with Appendix E:
3 29 CFR 1926.58(m)(2)(ii)(D): Medical examinations made available pursuant to 29 CFR 1926.58(m)(2)(i)(A) through (C) did not include any other examinations or tests deemed necessary by the examining physician:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(m)(3)(i): Employer did not provide the examining physician with a copy of this standard and appendices D, E, and I:
2 29 CFR 1926.58(m)(3)(ii): Employer did not provide the examining physician a description of the affected employee's duties as they relate to the employee's exposure:
3 29 CFR 1926.58(m)(3)(iii): Employer did not provide the examining physician the employee's representative exposure level or anticipated exposure level:
4 29 CFR 1926.58(m)(3)(iv): Employer did not provide the examining physician a description of any personal protective and respiratory equipment used or to be used:
OPTION 1 1 29 CFR 1926.58(m)(4)(i): The employer did not obtain a written opinion from the examining physician:
OPTION 2 2 29 CFR 1926.58(m)(4)(i): The physician's written opinion did not contain the results of the medical examination:
3 29 CFR 1926.58(m)(4)(i)(A): Physician's written opinion did not include whether the employee has any detected medical conditions that would place the employee at an increased risk of material health impairment from exposure to asbestos:
4 29 CFR 1926.58(m)(4)(i)(B): Physician's written opinion did not include any recommended limitations on the employee or on the use of personal protection equipment such as respirators:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(m)(4)(i)(C): Physician's written opinion did not include a statement that the employee had been informed by the physician of the results of the medical examination and of any medical conditions that may result from exposure to asbestos:
2 29 CFR 1926.58(m)(4)(iii): The employer did not provide a copy of the physician's written opinion to the affected employee within 30 days of its receipt:
3 29 CFR 1926.58(n)(1)(ii): The record of objective data for exempted operations did not include at least: (A) the product qualifying for exemption; (B) the source of the objective data; (C) the testing protocol, results of testing, and/or analysis of the material for the release of asbestos; (D) a description of the operation exempted and how the data supports the exemption; and (E) other data, relevant to the operations, materials, processing or employee exposures covered by the exemption:
1 29 CFR 1926.58(n)(1)(iii): The record of objective data for exempted operations was not maintained for the duration of the employer's reliance upon such objective data:
2 29 CFR 1926.58(n)(2)(i): The employer did not keep an accurate record of all measurements taken to monitor employee exposure to asbestos as prescribed in 29 CFR 1926.58(f):
3 29 CFR 1926.58(n)(2)(ii): The record of all measurements taken to monitor employee exposure to asbestos did not include at least: (A) the date of measurement; (B) the operation being monitored; (C) sampling and analytical methods used and evidence of their accuracy; (D) number, duration, and results of samples taken; (E) type of protective devices worn, if any; and (F) the name, social security number, and exposure of the employees whose exposures are represented:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(n)(2)(iii): Employer did not maintain exposure monitoring records for at least thirty (30) years, in accordance with 29 CFR 1910.20:
2 29 CFR 1926.58(n)(3)(i): The employer did not establish and maintain an accurate record for each employee subject to medical surveillance by 29 CFR 1926.58(m), in accordance with 29 CFR 1910.20:
3 29 CFR 1926.58(n)(3)(ii): The record for each employee subject to medical surveillance did not include at least: (A) the name and social security number of the employee; (B) a copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations; (C) physician's written opinions; (D) any employee medical complaints related to exposure to asbestos; and (E) a copy of the information provided to the physician:
1 29 CFR 1926.58(n)(3)(iii): Employer did not ensure that medical surveillance records are maintained for the duration of employment plus thirty (30) years in accordance with 29 CFR 1910.20:
2 29 CFR 1926.58(n)(4): The employer did not maintain all employee training records for one (1) year beyond the last date of employment by that employer:
3 29 CFR 1926.58(n)(5)(i): Upon written request, the employer did not make all records required to be maintained by this section available to the Assistant Secretary or the Director for examination and copying:
4 29 CFR 1926.58(n)(5)(ii): Upon request, the employer did not make any exposure records required by 29 CFR 1926.58(f) and (n) available for examination and copying to affected employees, former employees, designated representatives, or the Assistant Secretary in accordance with 29 CFR 1910.20(a)- (e) and (g)-(i):
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.58(n)(5)(iii): Upon request, the employer did not make employee medical records required by 29 CFR 1926.58(m) and (n) available for examination and copying to the subject employee, or anyone having the specific written consent of the subject employee, or the Assistant Secretary, in accordance with 29 CFR 1910.20:
2 29 CFR 1926.58(n)(6)(i): The employer did not comply with the requirements concerning the transfer of records set forth in 29 CFR 1910.20(h):
3 29 CFR 1926.100(a): Employees were not protected by protective helmets while working in areas where there was a possible danger of head injury from impact, or from falling or flying objects, or from electrical shock and burns:
4 29 CFR 1926.100(b): Helmets for the protection of employees against impact and penetration of falling and flying objects did not meet the specifications contained in American Standards Institute Z89.1-1969, Safety Requirements for Industrial Head Protection:
OSHA Instruction CPL 2.34 CH-4 February 6, 1989 Office of General Industry Compliance Assistance 1 29 CFR 1926.100(c): Helmets for the head protection of employees exposed to high voltage electrical shocks and burns did not meet the specifications contained in American National Standard Institute, Z89.2-1971, Safety Requirements for Industrial Helmets for Electrical Workers Class B:
2 29 CFR 1926.101(a): Ear protective devices were not provided or were not used when it was not feasible or reduce noise levels or duration of exposures to those specified in Table D-2, Permissible Noise Exposure, in 29 CFR 1926.52:
3 29 CFR 1926.101(b): Ear protective devices inserted in the ear were not fitted or determined individually by competent persons:
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