| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2019-03-22
|
| Case Closed |
2019-11-27
|
Related Activity
| Type |
Complaint |
| Activity Nr |
1435894 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19261153 C01 |
| Issuance Date |
2019-04-17 |
| Current Penalty |
1000.0 |
| Initial Penalty |
2842.0 |
| Contest Date |
2019-04-23 |
| Final Order |
2019-08-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(c)(1): The employer did not implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, for each employee engaged in a task identified on Table 1, and the employer did not assess and limit the exposure of employees to respirable crystalline silica in accordance with paragraph (d) of this section: a) 7-Eleven, 281 Parkside Avenue, Buffalo, NY - On or about 03/14/2019, a laborer was using an electric jackhammer to chisel concrete floor. The jackhammering was conducted inside and without respiratory protection. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19261153 D02 I |
| Issuance Date |
2019-04-17 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-04-23 |
| Final Order |
2019-08-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(d)(2)(i): 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)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section: a) 7-Eleven, 281 Parkside Avenue, Buffalo, NY - On or about 03/14/2019, a laborer was using an electric jackhammer to chisel concrete floor. The jack-hammering was conducted inside and without respiratory protection. The employer did not assess the exposure level to respirable crystalline silica. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19261153 G01 |
| Issuance Date |
2019-04-17 |
| Current Penalty |
1000.0 |
| Initial Penalty |
2842.0 |
| Contest Date |
2019-04-23 |
| Final Order |
2019-08-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| 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) 7-Eleven, 281 Parkside Avenue, Buffalo, NY - On or about 03/14/2019, a laborer was using an electric jackhammer to chisel concrete floor. The employer did not develop and implement a written exposure control plan to control employee exposures to crystalline silica through the use of engineering controls as well as work practice controls. At the time of the inspection a laborer was observed using a handheld jackhammer and a saw without the use of engineering controls, or personal protective equipment. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19261153 I01 |
| Issuance Date |
2019-04-17 |
| Current Penalty |
1000.0 |
| Initial Penalty |
2842.0 |
| Contest Date |
2019-04-23 |
| Final Order |
2019-08-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200): a) Eleven, 281 Parkside Avenue, Buffalo, NY - On or about 03/14/2019, a laborer was using an electric jackhammer to chisel the concrete floor. The employer did not include respirable crystalline silica in their hazard communication program. NO ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2019-04-17 |
| Abatement Due Date |
2019-05-31 |
| Current Penalty |
1000.0 |
| Initial Penalty |
1705.0 |
| Contest Date |
2019-04-23 |
| Final Order |
2019-08-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| 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) 7-Eleven, 281 Parkside Avenue, Buffalo, NY - On or about 03/14/2019, employees work with Oatey Clear Primer which included Methyl Ethyl Ketone, Acetone, tetrahydrofuran and Cyclohexanone; and Adhesive Lubricant which include Ethyl Benzene, Solvent Naphtha, and Xylene. The employer does not have a written and implemented Hazard communication program for hazardous chemicals that the employees use; and employees working with this chemical did not receive any training. ABATEMENT CERTIFICATION REQUIRED |
|
| Citation ID |
01004B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2019-04-17 |
| Abatement Due Date |
2019-05-31 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2019-04-23 |
| Final Order |
2019-08-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| 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) 7-Eleven, 281 Parkside Avenue, Buffalo, NY - On or about 03/14/2019, employees work with Oatey Clear Primer which included Methyl Ethyl Ketone, Acetone, tetrahydrofuran and Cyclohexanone; and Adhesive Lubricant which include Ethyl Benzene, Solvent Naphtha, and Xylene. The employer had not provided Hazard Communication training to the exposed employees at the time of their initial assignment and whenever new hazards were introduced into the workplace. ABATEMENT CERTIFICATION REQUIRED |
|
|
