Text For Citation: 01 Item/Group: 004A Hazard:

29 CFR 1910.1018(n)(2): Affected employee(s) were not provided an opportunity for a medical examination at the time of initial assignment to an area where they are likely to be exposed to inorganic arsenic over the action level at least 30 days per year: (a) Employees likely to be exposed to inorganic arsenic over the action level at least 30 days per year were not provided an opportunity for a medical examination when initially assigned; (1) On or about May 16, 2013, a Yard employee breaking slag and operating the pug mill was exposed to an 8-hour time weighted average (TWA) level of 9.93 ug/m3 of arsenic, which is 0.94 times the OSHA permissible exposure level (PEL) of 10 ug/m3 and 1.99 times the OSHA action level of 5 ug/m3. The yard employee was not provided an opportunity for an arsenic medical examination at the time of initial assignment. (2) On or about May 16, 2013, the charge floor employee was exposed to an 8-hour time weighted average (TWA) level of 7.47 ug/m3 of arsenic, which is 0.75 times the calculated OSHA permissible exposure level (PEL) of 10 ug/m3 and 1.49 times the OSHA action level of 5 ug/m3. The charge floor employee was not provided an opportunity for an arsenic medical examination at the time of initial assignment. 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.