Techno Coatings v. Occupational Safety & Health Review Commission

*660 MEMORANDUM **

Techno Coatings (Techno) petitions for review of an enforcement action brought by the Secretary of Labor under the Occupational Safety and Health Act of 1970 (OSHA) against Techno for multiple violations of the lead standard. We have jurisdiction pursuant to 29 U.S.C. § 660 (a). The Secretary withdrew the citation alleging a violation of 29 C.F.R. § 1926.62 (n)(1)(ii) during the pendency of this appeal. Therefore, the petition for review of that citation is granted. However, we deny the petition for review as to all other citations.

Techno failed to complete and document an initial exposure assessment as required by 29 C.F.R. §§ 1926.62 (b) and (d)(1)(i). Although Techno contends that it relied properly upon historical data to serve as the exposure assessment, this reliance was faulty for two independent reasons. First, Techno failed to document its reliance upon the historical data from the San Bernardino project. If an employer relies upon historical evidence instead of actual monitoring to complete the initial exposure assessment, the employer must document its reliance upon the historical data. 29 C.F.R. § 1926.62 (d)(5). This documentation must include a…