| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2020-08-28
|
| Emphasis |
N: RCS-NEP
|
| Case Closed |
2023-12-07
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1652654 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19260055 A |
| Issuance Date |
2021-01-22 |
| Abatement Due Date |
2021-02-10 |
| Current Penalty |
4096.0 |
| Initial Penalty |
4096.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.55(a): Exposure of employees to inhalation, ingestion, skin absorption, or contact with any material or substance at a concentration above those specified in the "Threshold Limit Values of Airborne Contaminants for 1970" of the American Conference of Governmental Industrial Hygienists, shall be avoided. See Appendix A to this section. a.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time on or about 28 August, 2020. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2021-01-22 |
| Current Penalty |
4096.0 |
| Initial Penalty |
4096.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| 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.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time. A worksite-specific written respiratory protection program was not developed and implemented, on or about August 28, 2020. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 VIII |
| Issuance Date |
2021-01-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(1)(viii): The written program did not contain provisions for training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance: (Construction Reference 1926.103) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time. Employees were not trained on the proper use of respirators, including any limitations on their use, and their maintenance on or about 28 August, 2020. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2021-01-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| 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.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time. Employees were required to use half face respirators while drilling banister holes in concrete balconies were not provided a medical evaluation to determine the employee's ability to use a respirator, before the employee is required to use the respirator in the workplace on or about 28 August, 2020. |
|
| Citation ID |
01002D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2021-01-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator: (Construction Reference 1926.103)(a): a.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time. The employee had not completed a fit-test prior to wearing respiratory protection, on or about 28 August, 2020. |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19261153 C01 |
| Issuance Date |
2021-01-22 |
| Abatement Due Date |
2021-02-10 |
| Current Penalty |
4096.0 |
| Initial Penalty |
4096.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section. a.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time. For each employee engaged in a task identified on Table 1, engineering controls, work practices, and respiratory protection specified for the task on Table 1, were not fully and properly implemented on or about 28 August, 2020. |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19261153 D02 I |
| Issuance Date |
2021-01-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(d)(2)(i):General. The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section. a.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time.The exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level on or about 28 August, 2020. |
|
| Citation ID |
01003C |
| Citaton Type |
Serious |
| Standard Cited |
19261153 G01 |
| Issuance Date |
2021-01-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan: a.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies containing silica, using a Bosch hammer drill/impact driver, Model Bulldog Xtreme, Model 11255VSR was exposed to an airborne concentration of silica at an 8 hour time-weighted average of 120 milligrams per cubic meter (mg/m3), which was 2.4 times the permissible exposure limit (PEL) of 50 mg/m3. The sampling was conducted for 110 minutes during one shift on August 28, 2020. Zero exposure was assumed for the unsampled period of time. An exposure control plan was not written for employees who had exposure to silica on or about 28 August, 2020. |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2021-01-22 |
| Current Penalty |
4096.0 |
| Initial Penalty |
4096.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| 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) 2 Horizon rd. Fort Lee, NJ 07204: The employer did not develop a written hazard communication program for employees drilling banister holes in concrete balconies containing silica, on or about August 28, 2020. |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2021-01-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2021-02-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Related Event Code (REC) |
Complaint |
| Gravity |
10 |
| 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.) 2 Horizon rd. Fort Lee, NJ 07204: An employee drilling banister holes in concrete balconies was exposed to silica dust. Employees were not provided effective training on the hazards of silica dust when drilling into concrete, on or about August 28, 2020. |
|
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