Inspection Type |
Complaint
|
Scope |
Partial
|
Safety/Health |
Health
|
Close Conference |
2016-08-02
|
Case Closed |
2020-06-24
|
Related Activity
Type |
Complaint |
Activity Nr |
1119364 |
Health |
Yes |
|
Violation Items
Citation ID |
01001A |
Citaton Type |
Serious |
Standard Cited |
19100134 C02 I |
Issuance Date |
2016-10-28 |
Abatement Due Date |
2016-11-09 |
Current Penalty |
3741.0 |
Initial Penalty |
3741.0 |
Final Order |
2016-12-16 |
Nr Instances |
1 |
Nr Exposed |
12 |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.134(c)(2)(i): The employer did not determine if the voluntary use of a respirator did not in itself create a hazard: a) On or about 8/2/16 at 745 5th Avenue New York, NY 10019, throughout the facility John Barrett employees performing keratin hair treatments were exposed to hazards associated with respirator use because the employer failed to determine if the respirator use itself created a hazard. 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 C02 II |
Issuance Date |
2016-10-28 |
Abatement Due Date |
2016-11-09 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2016-12-16 |
Nr Instances |
1 |
Nr Exposed |
3 |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user: On or about 8/2/16 at 745 5th Avenue New York, NY 10019, throughout the facility John Barrett employees performing keratin hair treatments were exposed to hazards associated with voluntary respirator use because the employer failed to perform a medical evaluation and ensure respirators were cleaned, stored, and maintained in a way that prevented them from becoming a health hazard. 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 K06 |
Issuance Date |
2016-10-28 |
Abatement Due Date |
2016-11-03 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2016-12-16 |
Nr Instances |
1 |
Nr Exposed |
12 |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer: a) On or about 8/2/16 at 745 5th Avenue New York, NY 10019, throughout the facility John Barrett employees performing keratin hair treatments were exposed to hazards associated with voluntary respirator use because the employer did not provide employees with the information in appendix D. 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 |
19101200 E01 |
Issuance Date |
2016-10-28 |
Abatement Due Date |
2016-11-25 |
Current Penalty |
3741.0 |
Initial Penalty |
3741.0 |
Final Order |
2016-12-16 |
Nr Instances |
1 |
Nr Exposed |
12 |
Gravity |
1 |
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) On or about 8/2/16 at 745 5th Avenue New York, NY 10019, throughout the facility John Barrett employees performing keratin hair treatments were exposed to hazardous chemicals (e.g. formaldehyde) without being provided with a written hazard communication plan by the employer. 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 AS PER 29 CFR 1903.19 |
|
Citation ID |
01002B |
Citaton Type |
Serious |
Standard Cited |
19101200 H01 |
Issuance Date |
2016-10-28 |
Abatement Due Date |
2016-11-25 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Final Order |
2016-12-16 |
Nr Instances |
1 |
Nr Exposed |
12 |
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) On or about 8/2/16 at 745 5th Avenue New York, NY 10019, throughout the facility John Barrett employees performing keratin hair treatments were exposed to hazardous chemicals (e.g. formaldehyde) without training by the employer. 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 AS PER 29 CFR 1903.19 |
|
Citation ID |
01003 |
Citaton Type |
Serious |
Standard Cited |
19101048 D02 |
Issuance Date |
2016-10-28 |
Abatement Due Date |
2016-11-03 |
Current Penalty |
3741.0 |
Initial Penalty |
3741.0 |
Final Order |
2016-12-16 |
Nr Instances |
1 |
Nr Exposed |
12 |
Related Event Code (REC) |
Complaint |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.1048(d)(2): Employees who may have been exposed at or above the action level or STEL were not identified, and the exposure was not accurately determined for each identified employee: a) On or about 8/2/16 at 745 5th Avenue New York, NY 10019, throughout the facility John Barrett employees performing keratin hair treatments were exposed to hazardous chemicals (e.g. formaldehyde) without any initial monitoring performed by the employer. The employer failed to perform initial monitoring for employees exposed to formaldehyde. |
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