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An authoritative law adjudicator of the Occupational Assurance and Health Analysis Agency affirmed all abode assurance citations adjoin a Pennsylvania annoying announcement and painting aggregation and adjourned $44,536 in penalties.

Pro-Spec Corp., accomplishing business as Pro-Spec Painting, was affianced in annoying announcement and painting activities at worksites in Easton, Pennsylvania, and Quakertown, Pennsylvania, according to analysis agency documents.

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The U.S. Occupational Assurance and Health Administration opened an analysis of Pro-Spec’s Easton worksite on May 27, 2016, in acknowledgment to a hazard barometer from a bounded city and an analysis of Pro-Spec’s Quakertown worksite on Aug. 31, 2016, in acknowledgment to an bearding complaint. The Easton analysis resulted in citations and proposed penalties for austere and other-than-serious violations of the respiratory protection, scaffolds, abatement protection, ladders and recordkeeping standards on Sept. 21, 2016, while the Quakertown analysis led to citations and proposed fines for austere and other-than-serious violations of the respiratory protection, scaffolds, ladders, base and bedfast spaces standards issued on Jan. 29, 2017.

The aggregation contested both sets of citations, but did not abet during the analysis process, arch to the artifice of sanctions that banned the Pro-Spec from introducing evidence, assemblage or affidavit initially approved by the U.S. Secretary of Labor in the analysis action and barred the aggregation from alms affirmation for acknowledging defenses at the hearing, according to analysis agency documents.

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The authoritative law adjudicator bent that the secretary met the accountability of affidavit in affiliation to the account of the standards, agent acknowledgment to the violations and the employer’s ability of the violation. 

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Pro-Spec “had ability of the cited chancy altitude because the hazards were in apparent appearance of an onsite authoritative employee,” the law adjudicator stated. “If Pro-Spec administration had acclimatized reasonable activity and inspected the worksite, it could accept accepted of the adverse conditions.”

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The cited respiratory aegis accepted requires an employer to apparatus a accounting respiratory affairs with worksite-specific procedures, including administering agent medical evaluations, administering able fit testing and training advisers on the able aliment and accumulator of respirators, but the aggregation abandoned the accepted because it did not apparatus a affairs that met those requirements.

“Reasonable activity would accept appear it had not implemented a accounting respiratory aegis program,” the law adjudicator stated.

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Pro-Spec has bankrupt down, said Ronald Yarbrough of Vineland, New Jersey, articular as admiral of the aggregation in analysis agency documents. But he said he could not animadversion added because he was not accustomed with the commendation dispute, calling it a “mistake.”

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