| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2022-12-15
|
Related Activity
| Type |
Referral |
| Activity Nr |
1977670 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 E01 |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(e)(1):All Class I, II and III asbestos work was not conducted within regulated areas which complied with the requirements of 29 CFR 1926.1101(e), paragraphs (2), (3), (4) and (5). a) City Fresh Market - 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4-10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine. As defined by the standard, this is Class II asbestos work and the employer did not perform work in a regulated area. |
|
| Citation ID |
01002 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 F01 I |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(f)(1)(i):Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed: a) City Fresh Market - 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4-10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine without the employer conducting any air monitoring to assess employees potential exposure to airborne concentrations of asbestos. |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 G03 III |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(g)(3)(iii): The following work practices and engineering controls shall not be used for work related to asbestos or for work which disturbs ACM or PACM, regardless of measured levels of asbestos exposure or the results of initial exposure assessments: Dry sweeping, shoveling or other dry clean-up of dust and debris containing ACM and PACM. a) City Fresh Market - 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4 -10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine and cleaned up the debris by dry sweeping. The employer did not prohibited the use of dry sweeping during the clean up of the floor tile debris containing asbestos. |
|
| Citation ID |
01004 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 G07 I |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(g)(7)(i): Class II work was not supervised by a competent person as defined in paragraph (b) of this section. Class II work is defined as activities involving the removal of ACM which is not thermal system insulation or surfacing material. a) City Fresh Market located at 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft of vinyl tiles containing 2.4-10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine without the employer ensuring supervision by a competent person. |
|
| Citation ID |
01005 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 G07 IV |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(g)(7)(iv): All Class II asbestos work was not performed using the work practices and requirements set out in 29 CFR 1926.1101(g)(1)(i) through (g)(1)(ii): a) City Fresh Market located at 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23rd, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4 - 10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine without the employer using work practices such as but not limited to vacuum equipped with HEPA filters to collect debris and dust containing asbestos, wet methods to control employees exposure during the removal of the asbestos containing vinyl tiles and prompt clean up and disposal of of asbestos debris in leak-tight containers. |
|
| Citation ID |
01006 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 G08 I F |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(g)(8)(i)(F):Mechanical chipping is prohibited unless performed in a negative pressure enclosure which meets the requirements of paragraph (g)(5)(i) of this section. a) City Fresh Market - 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4 -10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine that chipped the tiles into pieces without the employer creating a negative pressure enclosure. |
|
| Citation ID |
01007 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 H01 IV |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
5 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(h)(1)(iv):Respirators were not used during all Class II and III asbestos jobs where the employer had not produced a negative-exposure assessment. a) City Fresh Market - 235 E 106th Street, New York, NY 10029 - First floor On or about November 23,2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4 -10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine without the use of respirators. The employer did not produce a negative-exposure assessment and did not ensure that the employees use respirators while performing Class II work. |
|
| Citation ID |
01008 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 I01 |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
5 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(i)(1):The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee for which a required negative exposure assessment was not produced. a) City Fresh Market - 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4 -10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine without the employer providing employees with protective clothing. |
|
| Citation ID |
01009 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 K09 IV A |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
5 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(k)(9)(iv)(A): Employees performing Class II work were not trained in all the elements included in 29 CFR 1926.1101(k)(9)(viii) and the specific work practices and engineering controls set forth in 29 CFR 1926.1101(g); the training did not include "hands-on" training and did not last at least 8 hours. a) City Fresh Market located at 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl tiles containing 2.4 -10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine without the employer providing the employees with training on the specific elements of work practices and engineering controls. |
|
| Citation ID |
01010 |
| Citaton Type |
Serious |
| Standard Cited |
19261101 L02 |
| Issuance Date |
2023-05-22 |
| Abatement Due Date |
2023-06-26 |
| Current Penalty |
4100.0 |
| Initial Penalty |
6250.0 |
| Contest Date |
2023-06-05 |
| Final Order |
2024-09-03 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1926.1101(l)(2):Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal was not collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled, impermeable containers. a) City Fresh Market - 235 E 106th Street, New York, NY 10029 - First Floor On or about November 23, 2022, during the overnight hours, employees working on the first floor removed approximately 10,000 sq. ft. of vinyl floor tiles containing 2.4-10% chrysotile asbestos from the aisles and open areas using hand tools and a scraper machine and disposed of the asbestos containing debris in garbage bags. The employer did not dispose of asbestos containing waste in labeled impermeable bags or containers. |
|
|
