BUFFALO, NY · 2012-04-03 00:00:00

OSHA Inspection: FREE WILL LLC

Complaint inspection · Health discipline

At a glance

On 2012-04-03 00:00:00, OSHA opened a complaint health inspection of FREE WILL LLC in 217 WEST TUPPER AVENUE, BUFFALO, NY 14202 (NAICS 531311). OSHA activity number 333294254.

What this inspection record means

OSHA opens inspections for many reasons: routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.

Watch Free Will LLC for free Get an email when a new federal OSHA severe-injury report for Free Will LLC is published. One employer, no account, unsubscribe in one click.

Where did this inspection happen?

Establishment: FREE WILL LLC
Site address: 217 WEST TUPPER AVENUE
City: BUFFALO
State: NY
ZIP: 14202
Mailing: 1675 NIAGARA STREET, BUFFALO, NY 14207

What kind of inspection was it?

Inspection type: Complaint (B)
Scope: Partial (B)
Discipline: Health
Advance notice: No
Union status: B

When did the case open and close?

Opened: 2012-04-03 00:00:00
Closing conference: 2012-04-03 00:00:00
Case closed: 2013-02-14 00:00:00
Last modified: 2026-08-02 00:00:00
Data loaded: 2026-08-03 00:19:56

Establishment context

NAICS code: 531311
Employees: 5
Ownership type: A

Citations

16 citations on file for this inspection.

1910.1200 E01

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 29, 2012
Penalty: Initial $1,600 · Current $35 Reduced

General-duty citation text

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) 217 West Tupper Street - On or about 4/3/12, the employer did not develop and implement a hazard communication program for employees who work daily with materials such as, but not limited to, Masterchem Kilz 2 Latex primer, Quikrete Mortar mix, Level Quik latex primer and Sheetrock Lightweight All-Purpose Joint Compound.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $1600
2012-06-29 00:00:00 · Z (S) $1600

1910.1200 G08

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):     The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace: (Construction Reference: 1926.59)    a) 217 West Tupper Street - On or about 4/3/12, the employer did not maintain MSDSs for materials such as, but not limited to, Masterchem Kilz 2 latex primer, Speedwall Interior latex paint, Sheetrock Lightweight All Purpose Joint Compound, Quikrete Mortar Mix, and Level Quik Latex Primer.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1910.1200 H01

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 29, 2012
Penalty: Initial $0 · Current $0

General-duty citation text

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: (Construction Reference: 1926.59)      a) 217 West Tupper Street - On or about 4/3/12, the employer did not provide the required information and training to employees who work daily with materiials such as, but not limited to, Masterchem Kilz 2 primer, Speedwall Interior latex paint, Quikrete Mortar Mix, Level Quik Latex Primer, and Sheetrock Lightweight All Purpose Joint Compound.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1926.62 D01 I

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $2,000 · Current $35 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i):    The employer who has a workplace or work operation covered by this standard, did not perform monitoring to determine if employees may be exposed to lead at or above the action level:    a) 217 West Tupper Street - On or about 4/3/12, employees scraped and dry swept paint which contained 0.053%-1.36% lead.  The employer did not perform an initial exposure assessment in order to determine if any employee may be exposed to lead above the action level.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $2000
2012-06-29 00:00:00 · Z (S) $2000

1926.62 D01 III

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(iii):     The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level:      a) 217 West Tupper Street - On or about 4/3/12, the employer did not collect personal samples representative of a full shift, including at least one sample where employees were scraping and dry sweeping lead paint, either for each shift or for the shift with the highest exposure level.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1926.62 D02 V A

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $2,000 · Current $35 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A):     Prior to the performance of an employee exposure assessment as required by (d) of this section, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i)-(iv) of this section interim protection, including appropriate respiratory protection in accordance with paragraph (f) of this section:    a) 217 West Tupper Street - On or about 4/3/12, employees performed manual scraping and dry sweeping of lead paint.  The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing tasks described in 29 CFR 1926.62(d)(2) with appropriate respiratory protection as required by the standard.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $2000
2012-06-29 00:00:00 · Z (S) $2000

1926.62 F01 IV

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(iv):     Respirators were not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):    a) 217 West Tupper Street - On or about 4/3/12, employees performed manual scraping and dry sweeping of lead paint.  The employer did not perform an exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees with respiratory protection as interim protection for these employees.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1926.62 D02 V B

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $2,000 · Current $35 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B):     Until the employer performs an employee exposure assessment as required under paragraph (d) of this section and determines actual employee exposure, the employer did not provide to employees performing the tasks described in (d)(2)(1), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) of this section with interim, appropriate personal protective equipment in accordance with paragraph (g) of this section:    a) 217 West Tupper Street - On or about 4/3/12, employees performed manual scraping and dry sweeping of lead paint.  The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing the tasks described in 29 CFR 1926.62(d)(2), with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g).  Employees wore their street clothing while performing these tasks.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $2000
2012-06-29 00:00:00 · Z (S) $2000

1926.62 G01

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1):    As interim protection for employees performing tasks as specified in paragraph (d)(2) of this section, the employer did not provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment that prevents contamination of the employee and the employee's garments such as, but not limited to, (i) coveralls or similar full-body clothing, and (ii) gloves, hats, and shoes or disposable shoe coverlets:    a) 217 West Tupper Street - On or about 4/3/12, employees perfomred manual scraping and dry sweepin of lead paint.  The employer did not provide and assure the use of appropriate protective work clothing and equipment.  Employees wore their street clothing while performing these tasks.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1926.62 D02 V C

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $2,000 · Current $35 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(C):    Prior to the performance of an employee exposure assessment as required by (d) of this section, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i)-(iv) of this section interim protection, including change areas in accordance with paragraph (i)(2) of this section:    a) 217 West Tupper Street - On or about 4/3/12, employees performed manual scraping and dry sweeping of lead paint.  The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, performing the tasks described in 29 CFR 1962.62(d)(2), with change areas in accordance with 1926.62(i)(2).    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $2000
2012-06-29 00:00:00 · Z (S) $2000

1926.62 I02 I

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(i)(2)(i):     The employer did not provide clean change areas as an interim protection for employees performing tasks as specified in 29 CFR 1926.62(d)(2), without regard to the use of respirators:    a) 217 West Tupper Street - On or about 4/3/12, employees performed manual scraping and dry sweeping of lead paint.  The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  the employer did not provide employees with clean change areas as interim protection for these employees.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1926.62 D02 V E

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $2,000 · Current $35 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E):     Until the employer performs an employee assessment as required under paragraph (d) of this section and determines actual employee exposure, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) of this section with interim biological monitoring in accordance with paragraph (j)(1)(i) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels:    a) 217 West Tupper Street - On or about 4/3/12, employees performed manual scraping and dry sweeping of lead paint.  The employer did not conduct biological monitoring in accordance with paragraph (j)(1)(i) of this section, to consist of blood sampling and analysis for lead and zinc protoporphyrin levels.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $2000
2012-06-29 00:00:00 · Z (S) $2000

1926.62 J01 I

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(j)(1)(i):     The employer did not make available initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees occupationally exposed on any day to lead at or above the action level:    a) 217 West Tupper Street - On or about 4/3/12, the employer did not make available initial medical surveillance to employees who were manual scraping and dry sweeping lead paint.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1926.62 D02 V F

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $2,000 · Current $35 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F):    Prior to the performance of an employee exposure assessment as required by (d) of this section, the employer did not provide to employees performing the tasks described in paragraphs (d)(2)(i)-(iv) of this section interim protection, including training as required under paragraph (l)(1)(i) of this section regarding 29 CFR 1926.59,Hazard Communication; training as required under paragraph (l)(2)(ii)(C) of this section regarding the use of respirators; and training in accordance with 29 CFR 1926.21, safety training and education:    a) 217 West Tupper Street - On or about 4/3/12, employees performed manual scraping and dry sweeping of lead paint.  The employer did not perform an employee exposure assessment as required under 1926.62(d) in order to determine actual employee exposure.  The employer did not provide employees, perfroming tasks described in 29 CFR 1926.62(d)(2) with training as required under paragraph (l)(1)(i) of this section regarding hazard communication; training as required under paragraph (l)(2)(ii) of this section regarding the use of respirators; and training in accordance with 29 CFR 1926.21, safety traiing and education.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2013-02-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $2000
2012-06-29 00:00:00 · Z (S) $2000

1926.62 L01 I

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i):    The employer did not communicate information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR 1926.59 including, but not limited to, the requirements concerning warning signs and labels, material safety data sheets (MSDS) and employee information and training:    a) 217 West Tupper Street - On or about 4/3/12, employees perfromed manual scraping and dry sweeping of lead paint.  The employer did not communicate, to the employees, information concerning lead hazards according to the requirements of OSHA's Hazard Communication Standard.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2012-12-06 00:00:00 · J (S) $0
2012-07-17 00:00:00 · C (S) $0
2012-06-29 00:00:00 · Z (S) $0

1926.62 H03

Serious Gravity 5 1 instance 3 exposed

Issued: Jun 29, 2012
Abate by: Jul 6, 2012
Penalty: Initial $2,000 · Current $35 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(3):     Shoveling, dry or wet sweeping, and brushing may be used only where vacuuming or other equally effective methods have been tried and found not to be effective.    a) 217 West Tupper Street - On or about 4/2/12, employees dry swept lead paint from the floors.  Vacuuming or other effectve methods were not tried and found to be ineffective.    ABATEMENT CERTIFICATION REQUIRED

Recent events (3)

2013-02-06 00:00:00 · J (S) $35
2012-07-17 00:00:00 · C (S) $2000
2012-06-29 00:00:00 · Z (S) $2000

More inspections at Free Will LLC

Apr 2, 2012 BUFFALO, NY

View Free Will LLC's full OSHA safety record →

More inspections in this industry (NAICS 531311)

Jul 27, 2026 Elmwood Realty, LLC · CRANSTON, RI Jul 24, 2026 Fell Street Apartment · SAN FRANCISCO, CA Jul 16, 2026 Lyon Property Management, LLC · WARWICK, RI Jul 8, 2026 Woodstock Terrace Mutual Housing · BRONX, NY Jul 7, 2026 Greystar Management Services LLC · PINELLAS PARK, FL

More inspections in NY

Jul 30, 2026 Arrow Security · BRONX, NY Jul 30, 2026 N.E.T. & DIE · FULTON, NY Jul 30, 2026 Domani Inspection Services, INC. · NEW YORK, NY Jul 30, 2026 Barone Steel Fabricators INC. · NEW YORK, NY Jul 30, 2026 Seneca Water Department · STANLEY, NY

Source

This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 333294254.

Look up any company's OSHA accident reports by company, or browse severe injury reports by year, state, and company.