| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2019-04-30
|
| Case Closed |
2024-11-01
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1412565 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
3410.0 |
| Initial Penalty |
3410.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, was exposed to the hazards of Methylene Chloride (MC) contained in Rock-Miracle Paint & Varnish Remover. The employee was provided and required to wear 3M N95 half face respirators. However, the employer did not developed and implemented a Respiratory protection program. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 D03 I A |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(d)(3)(i)(A): The employer did not select a respirator that meets or exceeds the required level of employee protection: In alternative 29 CFR 1910.1052(g)(3)(i): The employer did not select and provide to employees, the appropriate atmosphere-supplying respirator specified in 29 CFR 1910.134(d)(3)(i)(A) and selected or used half masks: a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, was exposed to the hazards of Methylene Chloride (MC) contained in Rock-Miracle Paint & Varnish Remover. The employee was provided and required to wear 3M N95 half face respirators. The N 95 half face respirators do not protect the employees from eye irritation or damage; and the MC easily breaks through the filtering piece. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K01 |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(k)(1): The employer did not provide respirator training that ensured that each employee could demonstrate knowledge of at least the following elements: Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; What the limitations and capabilities of the respirator are; How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; How to inspect, put on and remove, use, and check the seals of the respirator; What the procedures are for maintenance and storage of the respirator, and How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators: a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, was exposed to the hazards of Methylene Chloride (MC) contained in Rock-Miracle Paint & Varnish Remover. The employee was provided and required to wear 3M N95 half face respirators. The employer did not provide the employee with training on the uses and limitations of the respirator. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101052 D02 III |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
2273.0 |
| Initial Penalty |
2273.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1052(d)(2)(iii): Where employees are exposed to MC on fewer than 30 days per year (e.g., on a construction site), the employer did not have measurements by direct-reading instruments which give immediate results (such as a detector tube) and which provide sufficient information regarding employee exposures to determine what control measures are necessary to reduce exposures to acceptable levels: a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, was exposed to the hazards of Methylene Chloride (MC) contained in Rock-Miracle Paint & Varnish Remover. The employer did not performed exposure monitoring. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101052 I02 |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1052(i)(2): It was reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater methylene chloride and the employer did not provide appropriate eyewash facilities within the immediate work area for emergency use and did not ensure that affected employees use those facilities when necessary: a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, was exposed to the hazards of Methylene Chloride (MC) contained in Rock-Miracle Paint & Varnish Remover. The employer did not ensure to have an eyewash facility within the immediate work area. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19101052 L01 |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1052(l)(1): The employer did not provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to Methylene Chloride: a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, was exposed to the hazards of Methylene Chloride (MC) contained in Rock-Miracle Paint & Varnish Remover. The employer did not ensure to provide information and training to the employee using MC. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J03 I |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
2842.0 |
| Initial Penalty |
2842.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
3 |
| Nr Exposed |
9 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(3)(i): The building owner, facility owner, or employer did not determine the presence, location, and quantity of ACM or PACM at the worksite and did not exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of asbestos-containing material (ACM) and presumed asbestos containing material (PACM): a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, were exposed to the hazards of asbestos found in insulating material around pipes and the boiler tank. The employer did not determine the presence, quantity, and location of the asbestos material. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
| Citation ID |
01004 |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2019-08-15 |
| Abatement Due Date |
2019-10-02 |
| Current Penalty |
2273.0 |
| Initial Penalty |
2273.0 |
| Final Order |
2019-09-12 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Related Event Code (REC) |
Complaint |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met: a) 565 Tenants Corp. Employee working at 565 Park Ave. New York, NY 10065, was exposed to the hazards of Methylene Chloride (MC) contained in Rock-Miracle Paint & Varnish Remover. MC is an eye, skin, upper respiratory irritant, suspected carcinogen that targets liver and blood, and a central nervous system depressor that can be fatal in prolonged exposure. The employer did not developed and implemented a hazard communication program. The condition was noted on or about April 30, 2019. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19. |
|
|
