| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2017-08-28
|
| Case Closed |
2018-04-12
|
Related Activity
| Type |
Referral |
| Activity Nr |
1257838 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
3100.0 |
| Initial Penalty |
3696.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| 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: (Construction Reference 1926.103) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride contained in Z-Best Remover; Toluene and Acetone contained in Lacquer Thinner. The employees were required to wear respiratory protection; however, the employer did not establish and implement a respiratory protection program. The condition was noted on or about 08/25/17. 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 D01 I |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
2 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability: (Construction Reference 1926.103) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Toluene and Acetone contained in Lacquer Thinner. The employees were required to wear respiratory protection; however, the employer did not establish and implement a respiratory protection program that will include the appropriate selection of respirators. The condition was noted on or about 08/25/17. (b) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride (MC) contained in Z-Best Remover. The employees were required to wear 3M half face tight-fitting respirators. The employer did not select a supplied air line respirator where MC is being used. The condition was noted on or about 08/25/17. 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 E01 |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| 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: (Construction Reference 1926.103) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride contained in Z-Best Remover; Toluene and Acetone contained in Lacquer Thinner. The employees were required to wear respiratory protection; however, the employer did not establish and implement a respiratory protection program that will provide the employees with the required medical evaluation. The condition was noted on or about 08/25/17. 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 |
01001D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F01 |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| 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): (Construction Reference 1926.103) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride contained in Z-Best Remover; Toluene and Acetone contained in Lacquer Thinner. The employees were required to wear respiratory protection; however, the employer did not establish and implemented a respiratory protection program that will provide the employees with the required fit testing. The condition was noted on or about 08/25/17. 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 |
01001E |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| Gravity |
5 |
| 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: (Construction Reference 1926.103) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride contained in Z-Best Remover; Toluene and Acetone contained in Lacquer Thinner. The employees were required to wear respiratory protection; however, the employer did not establish and implemented a respiratory protection program that will provide the employees with the required training and information. The condition was noted on or about 08/25/17. 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 D01 I |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
3100.0 |
| Initial Penalty |
3696.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1052(d)(1)(i): Where methylene chloride was present in the workplace, the employer did not determine each employee's exposure: (Construction Reference 1926.1152): (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride (MC) contained in Z-Best Remover. The employer did not determined the employees exposure to MC. The condition was noted on or about 08/24/17. 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 |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| 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: (Construction Reference 1926.1152): (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride (MC) contained in Z-Best Remover. The employer did not provide eye wash facilities. The condition was noted on or about 08/24/17. 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 |
01003A |
| Citaton Type |
Other |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
2000.0 |
| Initial Penalty |
3696.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| 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: (Construction Reference: 1926.59) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride contained in Z-Best Remover; Toluene and Acetone contained in Lacquer Thinner. The employer did not develop or implement a hazard communication program. The condition was noted on or about 08/28/17. 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 |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 G08 |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(g)(8): The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride contained in Z-Best Remover; Toluene and Acetone contained in Lacquer Thinner. The employer did not develop or implement a hazard communication program that will include access to safety data sheets (SDS). The condition was noted on or about 08/28/17. 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 |
01003C |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2018-02-08 |
| Abatement Due Date |
2018-02-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
2 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| Gravity |
5 |
| 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: (Construction Reference: 1926.59) (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Toluene and Acetone contained in Lacquer Thinner. The employer did not develop or implement a hazard communication program that will include information and training. The condition was noted on or about 08/28/17. (b) Montano Wood Care Corp employees', working at 1148 Fifth Ave.. NY, NY 10128, doing wood work finishing, were exposed to hazardous chemicals including, but not limited to, Methylene Chloride (MC)contained in Z-Best Remover. The employer did not develop or implement a hazard communication program that will include information and training for MC. The condition was noted on or about 08/24/17. 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 |
19260407 B02 I |
| Issuance Date |
2018-02-08 |
| Current Penalty |
4600.0 |
| Initial Penalty |
5174.0 |
| Final Order |
2018-03-06 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.407(b)(2)(i): General. Equipment was not approved for the class of location and for the ignitable or combustible properties of the specific gas, vapor, dust, or fiber that was present. NOTE: NFPA 70, the National Electrical Code, lists or defines hazardous gases, vapors, and dusts by "Groups" characterized by their ignitable or combustible properties. In the alternative 29 CFR 1926.152(f)(3): Flammable liquids were used where there were open flames or other sources of ignition within 50 feet of the operation. Note: Certain conditions warrant that flammable liquids be used farther than 50 feet from open flames or other sources of ignition. (a) Montano Wood Care Corp employees', working at 1148 Fifth Ave. NY, NY 10128, doing wood work finishing, were spraying a mixture of Lacquer Thinner (Flammability 3), and Lacquer (Flammability 3). The equipment used (Titan Compressor) was not approved for use in the hazardous location. The conditionwas noted on or about 08/25/17. NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19. |
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