| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2016-04-21
|
| Case Closed |
2017-07-03
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1078605 |
| Safety |
Yes |
| Health |
Yes |
|
| Type |
Complaint |
| Activity Nr |
1084872 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19100151 C |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-08-12 |
| Current Penalty |
1782.0 |
| Initial Penalty |
3564.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use: a) 440 Clinton Street, Buffalo, NY - On or about 05/17/2016, where employees using Concentrated Bleach which contain sodium hypochlorite (pH=13), and Magic power cleaner bleach which contain sodium hypochlorite (pH=13), a suitable facilities for quick drenching or flushing of the eyes were not provided for immedicate emergency use. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J03 |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-09-08 |
| Current Penalty |
3564.0 |
| Initial Penalty |
3564.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(3): The building owner, facility owner, or employer did not determine the presence, location, and quantity of ACM or PACM at the worksite and did not exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of asbestos-containing material (ACM) and presumed asbestos containing material (PACM): a) 440 Clinton Street, Buffalo, NY - On or about 05/17/2016 and ongoing, before work subject to this standard was begun in the Apartments complex, the building and facility owners did not determine the presence, location, and quantity of ACM (asbestos containing material), and or PACM (presumed asbestos containing material). ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J04 |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-08-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
3564.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(4): Warning signs were not affixed to all products containing asbestos and to all containers containing such products, including waste containers: a) 440 Clinton Street, Buffalo, NY - On or about 05/17/2016 and ongoing, warning signs were not affixed to ACM/PACM in the apartments complex. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J05 I |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-08-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(5)(i): The employer did not affix signs or labels so that employees would be notified of what materials contain ACM and/or PACM to materials that were previously identified to be ACM and/or PACM: a) 440 Clinton Street, Buffalo, NY - On or about 05/17/2016 and ongoing, warning labels were not affixed to any ACM/PACM in the apartments complex. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002D |
| Citaton Type |
Serious |
| Standard Cited |
19101001 J07 IV |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-09-08 |
| Current Penalty |
0.0 |
| Initial Penalty |
3564.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1001(j)(7)(iv): The employer did not provide to all employees who perform housekeeping work in areas where ACM and/or PACM is present, an asbestos awareness training course covering the health effects of asbestos; and/or locations of ACM and/or recognition of ACM and PACM damage and deterioration and/or requirements in this standard related to housekeeping, and/or proper response to fiber release episodes: a) 440 Clinton Street, Buffalo, NY - On or about 05/17/2016 and ongoing, employees working in the area where ACM/PACM were present (floor tile contained 9%-10% asbestos), had not received appropriate training. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01005A |
| Citaton Type |
Other |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-09-08 |
| Current Penalty |
0.0 |
| Initial Penalty |
2850.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| 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) 440 Clinton Street, Buffalo, NY - On or about 05/17/2016, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program. Employees working in the apartments use chemicals such as, but not limited to Concentrated Bleach which contain sodium hypochlorite, and Magic power cleaner bleach which contain sodium hypochlorite. A written program should include descriptions of how the criteria for: 1. Labeling and other forms of warning; 2. Safety Data Sheets AND 3. Employee information and training will be met. Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled. Methods used to inform employees of the hazards associated with non routine tasks and the informing of contractors of workplace hazard must also be addressed. The written program must be made available upon request. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01005B |
| Citaton Type |
Other |
| Standard Cited |
19101200 G08 |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-08-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift: a) 440 Clinton Street, Buffalo, NY - On or about 05/17/2016 and ongoing, employees uses chemicals such as, but not limited to, Concentrated Bleach which contain sodium hypochlorite, and Magic power cleaner bleach which contain sodium hypochlorite. The employer had not obtained and provided Safety Data Sheets for employees. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01005C |
| Citaton Type |
Other |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-09-08 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| 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) 440 Clinton Street, Buffalo, NY - On or about 5/17/16, where materials such as, but not limited to, Concentrated Bleach which contain sodium hypochlorite, and Magic power cleaner bleach which contain sodium hypochlorite are used, employees should be informed of: 1. The requirements of this section: 2. Any operations where hazardous chemicals are present; AND 3. The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and Safety Data Sheets. Employee training should include at least: 1. Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area. 2. The physical and health hazards of the chemicals in the work area. 3. The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used. 4. The details of the employers Hazard Communication Program including an explanation of labeling systems, Safety Data Sheets and how employees can obtain and use the appropriate hazard information. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01005D |
| Citaton Type |
Other |
| Standard Cited |
19101200 H03 IV |
| Issuance Date |
2016-08-08 |
| Abatement Due Date |
2016-08-16 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2016-08-31 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(3)(iv): Employee training did not include at least: The details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by the employer; the safety data sheet, including the order of information and how employees can obtain and use the appropriate hazard information. a) 440 Clinton Street, Buffalo, NY - 5/17/2016, where materials such as, but not limited to Concentrated Bleach which contain sodium hypochlorite, and Magic power cleaner bleach which contain sodium hypochlorite are used. Employee training did not include an explanation of the labeling system, the safety data sheet, and how to obtain and use the appropriate hazard information. ABATEMENT CERTIFICATION REQUIRED |
|
|
