| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2022-09-02
|
| Case Closed |
2023-05-23
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1941096 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2023-01-24 |
| Abatement Due Date |
2023-03-13 |
| Current Penalty |
1071.2 |
| Initial Penalty |
2678.0 |
| Final Order |
2023-02-06 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Related Event Code (REC) |
Complaint |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: Note: The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator. a) Drummond Framing, Inc., located at 38 E 21st Street, New York, NY 10010- Tenth floor/Spray Booth 1, 2 and Wood shop Employees fabricating frames using hazardous chemicals were required to wear half face tight fitting respirators; however, the employer did not provide medical evaluations by a physician or licensed health care professional (PLHCP) to qualify employees to wear respirators. Condition observed on or about September 2, 2022. 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(d)(1). |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2023-01-24 |
| Abatement Due Date |
2023-03-13 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2023-02-06 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Related Event Code (REC) |
Complaint |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested: a) Drummond Framing, Inc., located at 38 E 21st Street, New York, NY 10010- Tenth floor/Spray Booth 1, 2 and Wood shop Employees fabricating frames using hazardous chemicals were required to wear half face tight fitting respirators; however, the employer failed to implement fit test for employees wearing half face tight-fitting facepiece respirators during painting and finishing operations. Condition observed on or about September 2, 2022. 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(d)(1). |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K |
| Issuance Date |
2023-01-24 |
| Abatement Due Date |
2023-03-13 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2023-02-06 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Related Event Code (REC) |
Complaint |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(k):The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary: a) Drummond Framing, Inc., located at 38 E 21st Street, New York, NY 10010- Tenth floor/Spray Booth 1, 2 and Wood shop Employees fabricating frames using hazardous chemicals were required to wear half face tight fitting respirators; however, the employer did not did not provided employees with initial or annual respiratory protection training to ensure proper use of the respirators and to inform employees on the respiratory hazards to which they are exposed. Condition observed on or about September 2, 2022. 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(d)(1). |
|
| Citation ID |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2023-01-24 |
| Abatement Due Date |
2023-03-13 |
| Current Penalty |
1071.2 |
| Initial Penalty |
2678.0 |
| Final Order |
2023-02-06 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Related Event Code (REC) |
Complaint |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1):Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: a) Drummond Framing, Inc., located at 38 E 21st Street, New York, NY 10010- Tenth floor Throughout the facility, employees design and manufacture custom frames beginning with cutting, sanding, molding, painting and finishing of materials such as but not limited to wood. In these processes, employees were exposed to hazardous chemicals including but not limited to patching compounds containing xylene, paints such as but not limited to N5471X Regal Select Premium interior paint and primer containing titanium dioxide, limestone, silica amorphous and diatomaceous earth, finishing products containing ethanol, butanol and isopropyl for the customization of frames. The employer did not provide adequate safety training and information on the hazards of these chemicals. Condition observed on or about September 2, 2022. 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(d)(1). |
|
|
| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2014-10-28
|
| Case Closed |
2017-04-03
|
Related Activity
| Type |
Complaint |
| Activity Nr |
917717 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-06-11 |
| Current Penalty |
2000.0 |
| Initial Penalty |
2000.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| 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) 38 West 21st street, New York, NY: Employees who use tight fitting elastomeric respirators such as but not limited to 3M, size medium, and 3M Particulate Respirators 8240, R95 are not provided with a written respiratory protection program, on or about 10/28/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-06-11 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace: a) 38 West 21st street, New York, NY: Employees who use tight fitting elastomeric respirators such as but not limited to 3M, size medium and 3M Particulate Respirators 8240, R95, are not provided with medical evaluations, on or about 10/28/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F01 |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-06-11 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): a) 38 West 21st street, New York, NY: Employees who use tight fitting elastomeric respirators such as but not limited to 3M, size medium, and 3M Particulate Respirators 8240, R95 while performing spray operations are not provided with fit testing procedures, on or about 10/28/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
| Citation ID |
01001D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K01 VII |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-06-11 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(k)(1)(vii): The employer did not ensure that each user could demonstrate knowledge of the general requirements of 29 CFR 1910.134: a) 38 West 21st street, New York, NY: Employees who use tight fitting elastomeric respirators such as but not limited to 3M, size medium, and 3M Particulate Respirators 8240, R95 are not provided with training on the hazards associated with their use, on or about 10/06/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19100022 A01 |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-05-06 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.22(a)(1): All places of employment, passageways, storerooms or service rooms were not kept clean and orderly or in a sanitary condition. a) 38 West 21st street, New York, NY: Employees are exposed to slips, trips, and falls because the floors are not kept clean and orderly from excessive dust particles, on or about 10/28/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
| Citation ID |
02002A |
| Citaton Type |
Other |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-06-11 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met, and which also includes the following: a) 38 West 21st street, New York, NY: Employees use chemicals such as but not limited to, Benjamin Moore Flat White paint, Zip Sand- Break-Through Interior Sanding Primer, or Selhamin Poliment Clay, and are not provided with a Hazard Communication Program, on or about 10/28/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
| Citation ID |
02002B |
| Citaton Type |
Other |
| Standard Cited |
19101200 G01 |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-06-11 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(g)(1): Chemical manufacturers and importers shall obtain or develop a material safety data sheet for each hazardous chemical they produce or import. Employers shall have a material safety data sheet in the workplace for each hazardous chemical which they use. a) 38 West 21st street, New York, NY: Employees use chemicals such as but not limited to, Benjamin Moore Flat White paint, Zip Sand- Break-Through Interior Sanding Primer, or Selhamin Poliment Clay, and are not provided with Material Safety Data Sheets, on or about 10/28/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
| Citation ID |
02002C |
| Citaton Type |
Other |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2015-04-24 |
| Abatement Due Date |
2015-06-11 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2015-05-19 |
| Nr Instances |
1 |
| Nr Exposed |
15 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and material safety data sheets. a) 38 West 21st street, New York, NY: Employees use chemicals such as but not limited to, Benjamin Moore Flat White paint, Zip Sand- Break-Through Interior Sanding Primer, or Selhamin Poliment Clay, and are not provided with training, on or about 10/28/14. NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19. |
|
|
