| Inspection Type |
Unprog Rel
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2024-03-15
|
| Emphasis |
N: RCS-NEP
|
Related Activity
| Type |
Inspection |
| Activity Nr |
1721384 |
| Safety |
Yes |
|
| Type |
Inspection |
| Activity Nr |
1718378 |
| Safety |
Yes |
|
| Type |
Inspection |
| Activity Nr |
1752075 |
| Safety |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2024-04-22 |
| Abatement Due Date |
2024-05-28 |
| Current Penalty |
1452.0 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-05-09 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| 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: a) 159 Alexander Street, Yonkers, NY - Building C - 1st Floor: On or about 10/23/23 and continuing, two employees performing jack-hammering into the concrete floor slab were required to wear half-face air purifying respirators with P100 filters and were not provided a medical evaluation to determine their ability to use a respirator. In addition to abatement certification, the employer is required to submit abatement documentation for this item. Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19 |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2024-04-22 |
| Abatement Due Date |
2024-05-10 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-05-09 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested: a) 159 Alexander Street, Yonkers, NY - Inside Building C and D - 1st Floor: On or about 10/23/23 through 1/11/24, three employees performing cutting into the concrete slab using a cut-off saw and jack-hammering into the concrete floor slab using electric jackhammers were required to wear half-face air purifying respirators with P100 filters and were not provided a respirator fit test annually. In addition to abatement certification, the employer is required to submit abatement documentation for this item. Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19 |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19261153 C01 |
| Issuance Date |
2024-04-22 |
| Abatement Due Date |
2024-05-28 |
| Current Penalty |
1935.0 |
| Initial Penalty |
2765.0 |
| Final Order |
2024-05-09 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not 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) 159 Alexander Street, Yonkers, NY - Inside Building C - 1st Floor: On or about 10/23/23, the employer did not fully and properly implement engineering controls and work practices when two employees were jackhammering into the concrete floor slab using two electric jackhammers to create openings for excavation work. In addition to abatement certification, the employer is required to submit abatement documentation for this item. Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19 |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19261153 D02 I |
| Issuance Date |
2024-04-22 |
| Abatement Due Date |
2024-06-07 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-05-09 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| 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) 159 Alexander Street, Yonkers, NY - Inside Building C - 1st Floor: On or about 10/23/23, the employer did not assess the exposure of each employee who was or could have been reasonably exposed to respirable crystalline silica at or above the action level when two employees were jackhammering into the concrete floor slab and cutting the concrete floor slab with using a cut-off saw to create openings for excavation work. In addition to abatement certification, the employer is required to submit abatement documentation for this item. Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19 |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19100134 C |
| Issuance Date |
2024-04-22 |
| Abatement Due Date |
2024-05-28 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-05-09 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use: a) 159 Alexander Street, Yonkers, NY - Inside Building C and D - 1st Floor: On or about 10/23/23 through 1/11/24, three employees performing cutting into the concrete slab using a cut-off saw and jack-hammering into the concrete floor slab using electric jackhammers were required to wear half-face air purifying respirators with P100 filters and the employer did not develop a written respiratory protection program with required site-specific procedures and elements in that the company's written respirator policy did not: 1. Specify a respirator program administrator responsible for ensuring the implementation of each part of the program. 2. Specify the specific make, model of the respiratory protection required to be used. 3. Specify the procedures for implementing the medical evaluation provision of the standard. 4. Specify the the type of fit testing and the fit testing procedures to be used. 5. Specify the parts of the respirator to be inspected. 6. Address the recordkeeping provisions provisions of the standard. 7. Specify the procedures for evaluating that the written respiratory protection program was being properly implemented. The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00. |
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