| Inspection Type |
Planned
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2023-11-02
|
| Emphasis |
P: RCS-NEP, N: RCS-NEP
|
| Case Closed |
2024-09-05
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C02 II |
| Issuance Date |
2024-04-10 |
| Abatement Due Date |
2024-05-28 |
| Current Penalty |
1140.7 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-04-30 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| 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 did not present a health hazard to the user: On or about 11/02/2024 at 305 Douglass Street, Brooklyn, NY 11217, fabricators cutting and finishing marble, granite, and terrazzo have exposure to respirable crystalline silica. The employer was permitting these fabricators to voluntarily wear half-face 3M respirators. The employer failed to establish and implement those elements of a written program necessary to ensure that employees wearing a respirator voluntarily were medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use did not present a health hazard to the user. 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 |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19101053 D01 |
| Issuance Date |
2024-04-10 |
| Abatement Due Date |
2024-05-28 |
| Current Penalty |
1140.7 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-04-30 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(d)(1): The employer did not assess the exposure of each employee who was 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) or the scheduled monitoring option in paragraph (d)(3) of this section: On or about 11/02/2024 at 305 Douglass Street, Brooklyn, NY 11217, fabricators cutting and finishing marble, granite, and terrazzo have exposure to respirable crystalline silica. The employer did not assess the exposure of each employee who was 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) or the scheduled monitoring option in paragraph (d)(3). 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 |
19101053 F02 I |
| Issuance Date |
2024-04-10 |
| Current Penalty |
1140.7 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-04-30 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1053(f)(2)(i):The employer did not establish and implement a written exposure control plan: On or about 11/02/2024 at 305 Douglass Street, Brooklyn, NY 11217, fabricators cutting and finishing marble, granite, and terrazzo have exposure to respirable crystalline silica. The employer did not establish and implement a written exposure control plan for employees. NOTE: BECAUSE ABATEMENT OF THIS VIOLATION WAS CORRECTED DURING THE INSPECTION, THE EMPLOYER NEED NOT SUBMIT DOCUMENTATION OF ABATEMENT OF THIS VOLATION AS NORMALLY REQUIRED BY 1903.19. |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2024-04-10 |
| Current Penalty |
1140.7 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-04-30 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): On or about 11/02/2024 at 305 Douglass Street, Brooklyn, NY 11217, fabricators finishing stone products have exposure to hazardous chemicals including but not limited to 23% Ethyl acetate. The employer did not develop or implement a written hazard communication program that included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii). NOTE: BECAUSE ABATEMENT OF THIS VIOLATION WAS CORRECTED DURING THE INSPECTION, THE EMPLOYER NEED NOT SUBMIT DOCUMENTATION OF ABATEMENT OF THIS VOLATION AS NORMALLY REQUIRED BY 1903.19. |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H03 |
| Issuance Date |
2024-04-10 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-30 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv): On or about 11/02/2024 at 305 Douglass Street, Brooklyn, NY 11217, fabricators finishing stone products have exposure to hazardous chemicals including but not limited to 23% Ethyl acetate. The employer did not train employees on the hazardous chemicals employees use in accordance with 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv). NOTE: BECAUSE ABATEMENT OF THIS VIOLATION WAS CORRECTED DURING THE INSPECTION, THE EMPLOYER NEED NOT SUBMIT DOCUMENTATION OF ABATEMENT OF THIS VOLATION AS NORMALLY REQUIRED BY 1903.19. |
|
|
