Inspection Type |
Complaint
|
Scope |
Partial
|
Safety/Health |
Health
|
Close Conference |
2019-03-29
|
Related Activity
Type |
Complaint |
Activity Nr |
1440644 |
Safety |
Yes |
|
Type |
Inspection |
Activity Nr |
1389143 |
Safety |
Yes |
|
Violation Items
Citation ID |
01001A |
Citaton Type |
Serious |
Standard Cited |
19100132 D01 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
1705.0 |
Initial Penalty |
1705.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE): (a) On or about 3/29/2019 at M&V Metal Designs Inc. located at 116 Liberty Ave Brooklyn, NY 11207, workers fabricating and welding metal railings with exposure to chemicals including but not limited to iron, zinc, and lead were not provided a job hazard analysis 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01001B |
Citaton Type |
Serious |
Standard Cited |
19100132 H01 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.132(h)(1): Except as provided by paragraphs (h)(2) through (h)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, was not provided by the employer at no cost to employees. (a) On or about 3/29/2019 at M&V Metal Designs Inc. located at 116 Liberty Ave Brooklyn, NY 11207, workers fabricating and welding metal railings with exposure to chemicals including but not limited to iron, zinc, and lead were not provided gloves and N-95 respirators at no cost. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01002A |
Citaton Type |
Serious |
Standard Cited |
19100134 C01 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
2273.0 |
Initial Penalty |
2273.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Related Event Code (REC) |
Complaint |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: (a) On or about 5/3/2018 at M & V Metal Designs Inc located at 116 Liberty Ave, Brooklyn, NY 11207, workers are required to wear a 3M half-face respirator or a 3M N-95 respirator; the employer did not establish and develop a respiratory protection program. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01002B |
Citaton Type |
Serious |
Standard Cited |
19100134 E01 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
6 |
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) On or about 5/3/2018 at M & V Metal Designs Inc located at 116 Liberty Ave, Brooklyn, NY 11207, workers are required to wear a 3M half-face respirator with organic vapor cartridges ; the employer did not perform a medical evaluation of employees prior to requiring respirator use in the workplace. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01002C |
Citaton Type |
Serious |
Standard Cited |
19100134 K03 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace: (a) On or about 3/29/2019 at M & V Metal Designs Inc located at 116 Liberty Ave, Brooklyn, NY 11207, workers fabricating and welding railings are required to wear a 3M half-face respirator or a 3M N-95 respirator and were not provided respirator training. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01002D |
Citaton Type |
Serious |
Standard Cited |
19100134 F02 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
1 |
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 prior to initial use of the respirator: (a) On or about 5/3/2018 at M & V Metal Designs Inc located at 116 Liberty Ave, Brooklyn, NY 11207, workers were required to wear a 3M half-face respirator or a 3M N-95 respirator; the employer did not conduct fit testing of employees prior to requiring respirator use in the workplace. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01003A |
Citaton Type |
Serious |
Standard Cited |
19100141 B01 I |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-06-18 |
Current Penalty |
2842.0 |
Initial Penalty |
2842.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.141(b)(1)(i): Potable water was not provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and personal (a) On or about 3/29/2019 at M&V Metal Designs Inc. located at 116 Liberty Ave Brooklyn, NY 11207, workers fabricating and welding metal railings with exposure to chemicals including but not limited to iron, zinc, and lead were not provided potable water for hand washing. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01003B |
Citaton Type |
Serious |
Standard Cited |
19100141 C01 I |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-06-18 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.141(c)(1)(i): Toilet facilities were not provided in accordance with TABLE J-1 of this Section: (a) On or about 3/29/2019 at M&V Metal Designs Inc. located at 116 Liberty Ave Brooklyn, NY 11207, workers fabricating and welding metal railings were not provided access to toilet facilities. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01003C |
Citaton Type |
Serious |
Standard Cited |
19100141 G02 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-06-18 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
5 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.141(g)(2): Employees were permitted to consume food or beverages in a toilet room or in any area exposed to a toxic material: (a) On or about 3/29/2019 at M&V Metal Designs Inc. located at 116 Liberty Ave Brooklyn, NY 11207, workers fabricating and welding metal railings with exposure to chemicals including but not limited to iron, zinc, and lead were permitted to consume food and beverages within the work area. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01004A |
Citaton Type |
Serious |
Standard Cited |
19101200 E01 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
1705.0 |
Initial Penalty |
1705.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
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) On or about 3/29/2019 at M & V Metal Designs Inc located at 116 Liberty Ave, Brooklyn, NY 11207, workers fabricating and welding railings were exposed to chemicals including but not limited to Iron oxide fume 0.92 mg/m3 without a written hazard communication program. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01004B |
Citaton Type |
Serious |
Standard Cited |
19101200 G08 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
Gravity |
1 |
FTA Current Penalty |
0.0 |
Citation text line |
29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s) (a) On or about 3/29/2019 at M & V Metal Designs Inc located at 116 Liberty Ave, Brooklyn, NY 11207, workers fabricating and welding railings were exposed to chemicals including but not limited to Iron oxide fume 0.92 mg/m3 without access to safety data sheets. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
Citation ID |
01004C |
Citaton Type |
Serious |
Standard Cited |
19101200 H01 |
Issuance Date |
2019-06-12 |
Abatement Due Date |
2019-07-09 |
Current Penalty |
0.0 |
Initial Penalty |
0.0 |
Contest Date |
2019-07-19 |
Nr Instances |
1 |
Nr Exposed |
5 |
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) On or about 3/29/2019 at M & V Metal Designs Inc located at 116 Liberty Ave, Brooklyn, NY 11207, workers fabricating and welding railings were exposed to chemicals including but not limited to Iron oxide fume 0.92 mg/m3 without information and training. 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 $1,000.00 AS PER 29 CFR 1903.19. |
|
|