| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2021-12-15
|
| Emphasis |
L: NOISE, N: LEAD
|
Related Activity
| Type |
Inspection |
| Activity Nr |
1584104 |
| Health |
Yes |
|
| Type |
Referral |
| Activity Nr |
1876470 |
| Safety |
Yes |
| Health |
Yes |
|
| Type |
Inspection |
| Activity Nr |
1567422 |
| Safety |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19260052 D01 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-15 |
| Current Penalty |
10100.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.52(d)(1): In all cases where the sound levels exceeded the values shown in Table D-2 of 29 CFR 1926.52, a continuing, effective hearing conservation program was not administered: (a) On or about 04/13/2022 at 35 Frankfort Street New York, NY 10038 employees sand blasting a steel beam in Arch Block D Span 18 were exposed to an 8-hour TWA of 113.4 dB and 115.5 dB without the employer administering a hearing conservation program including audiometric testing or employee noise monitoring. 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 |
19260062 D08 II |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-28 |
| Current Penalty |
10100.0 |
| Initial Penalty |
7252.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(d)(8)(ii): When the results of the lead exposure assessment indicated that the representative employee exposure to lead, without regard to respirators, was at or above the permissible exposure limit (PEL), the employer did not notify the employee that their exposure was above the PEL and did not include a description of the corrective action taken or to be taken to reduce exposure to below that level: (a) On or about 12/09/2021 at 35 Frankfort Street New York, NY 10038, sampling conducted by the employer indicated that an employee vacuuming during abrasive blasting operations in Arch Block E Span 14 was exposed to an 8-hour time weighted average of 91.17 micrograms/cubic meter of airborne lead. Employer failed to notify the employee in writing that his exposure to lead was above the PEL and the corrective action to be taken to reduce exposure to below the PEL. 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 |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19260062 L02 II |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
10100.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(l)(2)(ii): The employer did not ensure that each employee was trained in the specific nature of the operations that could result in exposure to lead above the action level: (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, employees working in a permit required confined space located at Arch Block E Span 15 were exposed to the hazards of airborne lead generated during the abrasive blasting of lead based paint. The employer failed to train each employee on the work tasks which could result in lead exposure above the action level. 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 |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19260062 L02 IV |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(l)(2)(iv):The employer did not ensure that each employee was trained in the purpose and description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females and hazards to the fetus and additional precautions for employees who are pregnant): (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, employees working in a permit required confined space located at Arch Block E Span 15 were exposed to the hazards of airborne lead generated during the abrasive blasting of lead containing paint. The employer failed to train each employee on the purpose and description of the medical surveillance program as well as the adverse health effects associated with excessive lead exposure. 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 |
01003C |
| Citaton Type |
Serious |
| Standard Cited |
19260062 L02 V |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
17 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.62(l)(2)(v):The employer did not ensure that each employee was trained in the engineering controls and work practices associated with the employee's job assignment including training of employees to follow relevant good work practices described in 29 CFR 1926.62 Appendix B: (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, employees working in a permit required confined space located at Arch Block E Span 15 were exposed to the hazards of airborne lead generated during the abrasive blasting of lead containing paint. The employer failed to train each employee on the engineering and work practices required to prevent lead exposure during assigned work tasks. 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 |
01004 |
| Citaton Type |
Serious |
| Standard Cited |
19100134 D01 III |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
7252.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(d)(1)(iii):The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form: (Construction Reference 1926.103) (a) On or about 04/27/2022 at 35 Frankfort Street New York, NY 10038, an employee was working in a confined space located at Span 21 spraying the primer Carbozinc 859 Parts A and B containing toluene and the employer did not identify and evaluate the respiratory hazards the employee was exposed to. 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 |
01005 |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
10100.0 |
| Initial Penalty |
7252.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
5 |
| 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 whenever a different respirator facepiece (size, style, model or make) was used: (Construction Reference 1926.103) (a) On or about 04/27/2022 at 35 Frankfort Street New York, NY 10038, an employee required to wear a 3M full-face respirator while spraying primer onto a beam in Span 21 was not fit tested for the respirator used. 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 |
01006 |
| Citaton Type |
Other |
| Standard Cited |
19261203 B01 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-21 |
| Current Penalty |
5000.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
8 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1203(b)(1): If the workplace contains one or more permit spaces, the employer who identified, or who received notice of, a permit space did not inform exposed employees by posting danger signs or by any other equally effective means, of the existence and location of, and the danger posed by, each permit space. A sign reading "DANGER-PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER" or using other similar language would satisfy the requirement for a sign. (a) On or about 04/04/2022 at 35 Frankfort Street New York, NY 10038, employees entering into Arch Block A Span 37 to perform abrasive blasting operations were not provided with a danger sign notifying entrants of the existence, location, and the danger posed by the permit required confined space. 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 |
01007 |
| Citaton Type |
Serious |
| Standard Cited |
19261203 A |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-13 |
| Current Penalty |
10100.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1203(a): Before work begins, the employer did not ensure that a competent person identifies all confined spaces in which one or more of the employees are to enter through consideration and evaluation of the elements of that space, including testing as necessary: (a) On or about 04/27/2022 at 35 Frankfort Street New York, NY 10038, an employee sprayed a flammable primer onto a beam while inside of a permit required confined space (PRCS) located at Span 21. The employer failed to test the internal atmosphere of the PRCS prior to employee entry and continuously during spray application of the primer. 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 |
01008 |
| Citaton Type |
Serious |
| Standard Cited |
19261205 E01 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-13 |
| Current Penalty |
0.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1205(e)(1): The employer did not cancel the entry permit when the entry operations covered by the entry permit had been completed; (a) On or about 04/04/2022 at 35 Frankfort Street New York, NY 10038, after the entry operation of abrasive blasting was completed within Arch Block A Span 37, the employer failed to cancel the entry permit before employees entered the span to complete a task not detailed in the original entry permit. 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 |
01012 |
| Citaton Type |
Serious |
| Standard Cited |
19261210 D |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-13 |
| Current Penalty |
0.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1210(d): The entry supervisor failed to verify that rescue services were available and that the means for summoning them were operable, and that the employer will be notified as soon as the services become unavailable; (a) On or about 12/2/2021 at 35 Frankfort Street New York, NY 10038, the entry supervisor did not verify that rescue services were available for employees exposed to hazards while working in the permit required confined space located at Arch Block E Span 15. 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 |
01016A |
| Citaton Type |
Serious |
| Standard Cited |
19261207 B01 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
10100.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1207(b)(1):(1) The employer failed to provide confined space training in both a language and vocabulary that the employee can understand; (a) On or about 12/2/2021 at 35 Frankfort Street New York, NY 10038, employees working in a permit required confined space located at Arch Block E Span 15 who do not understand English were not trained on the hazards of working in a permit required confined space in a language they could understand. 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 |
01016B |
| Citaton Type |
Serious |
| Standard Cited |
19261211 B03 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1211(b)(3): The employer did not train each affected employee in basic first aid and cardiopulmonary resuscitation (CPR). The employer did not ensure that at least one member of the rescue team or service held a current certification in basic first aid and CPR. (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, the employer did not ensure that rescue employees who entered into a permit required confined space located at Arch Block E Span 15 were trained in basic first aid and cardiopulmonary resuscitation (CPR). None of the employees on the rescue team were certified in basic first aid or CPR. 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 |
01017A |
| Citaton Type |
Serious |
| Standard Cited |
19261208 C |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-13 |
| Current Penalty |
10100.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1208(c): The entry employer did not ensure that the entrants could communicate with the attendant as necessary to enable the attendant to assess entrant status and to enable the attendant to alert entrants of the need to evacuate the space as required by �1926.1209(f); (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, employees performing abrasive blasting in Arch Block E Span 15 were exposed to the hazards of working in a permit required confined space without being provided with a way to communicate their status with the attendant. 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 |
01017B |
| Citaton Type |
Serious |
| Standard Cited |
19261209 D |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-06-13 |
| Current Penalty |
0.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1209(d): The attendant did not remain outside the permit space during entry operations until relieved by another attendant; Note to paragraph (d). Once an attendant has been relieved by another attendant, the relieved attendant may enter a permit space to attempt a rescue when the employer's permit space program allows attendant entry for rescue and the attendant has been trained and equipped for rescue operations as required by �1926.1211(a). (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, the attendant failed to remain outside the permit required confined space located at Arch Block E Span 15 during entry operations when entrants were abrasive blasting lead paint from steel beams. (b) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, the attendant failed to remain outside the permit required confined space located at Arch Block E Span 15 during employee rescue operations within the permit required confined space. 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 |
01018A |
| Citaton Type |
Serious |
| Standard Cited |
19261211 B02 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
10100.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1211(b)(2): The employer did not train each affected employee to perform assigned rescue duties. The employer did not ensure that such employees successfully completed the training required and established proficiency as authorized entrants, as provided by ��1926.1207 and 1926.1208; (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, employees assigned to perform rescue within the permit required confined space located at Arch Block E Span 15 were not trained by the employer on their site-specific assigned rescue duties. The employer also did not confirm the assigned employees' proficiency as authorized entrants. 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 |
01018B |
| Citaton Type |
Serious |
| Standard Cited |
19261211 B04 |
| Issuance Date |
2022-06-01 |
| Abatement Due Date |
2022-07-20 |
| Current Penalty |
0.0 |
| Initial Penalty |
10151.0 |
| Contest Date |
2022-06-24 |
| Final Order |
2023-12-11 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1211(b)(4): The employer did not ensure that affected employees practice making permit space rescues before attempting an actual rescue, and at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces: (a) On or about 12/02/2021 at 35 Frankfort Street New York, NY 10038, employees who provided rescue in a permit required confined space located at Arch Block E Span 15 were not provided simulated rescue operations training by the employer. 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. |
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