OSHA Inspection: NEW YORK UNIVERSITY

Issued

Oct 16, 2012

Abate by

Nov 29, 2012

Penalty

Initial $2,550 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.134(c)(2)(ii):  The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored and maintained so as not to create a health hazard:    a) 40 West 4th Street, New York, NY, Boiler Room - The employer did not implement their written respiratory protection program in that employees were not medically evaluated prior to using half mask negative pressure respirators equipped with combination cartridges, on a voluntary basis, while painting boiler surfaces.  Condition was noted on or about 04/30/12.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.

Issued

Oct 16, 2012

Abate by

Nov 29, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

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 is fit tested or required to use the respirator in the workplace:    a) 40 West 4th Street, New York, NY, Boiler Room:  Employees wore half mask negative pressure respirators equipped with combination cartridges, on a voluntary basis, while painting boiler surfaces.  Workers were not medically evaluated to use such respirators.  Condition was noted on or about 04/30/12.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.

Issued

Oct 16, 2012

Abate by

Nov 29, 2012

Penalty

Initial $2,550 · Current $2,100 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) 40 West 4th Street, New York, NY, Boiler Room - The employer did not implement their written hazard communication program for employees using Insl-x Checkrust Silicon Alkyd heat resistant coating to paint boiler surfaces.  Condition noted on or about 04/30/12.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.

Issued

Oct 16, 2012

Abate by

Nov 29, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1):  Employers did not have a material safety data sheet in the workplace for each hazardous chemical which they use:      a) 40 West 4th Street, New York, NY, Boiler Room - The employer did not have a material safety data sheet (MSDS) for Insl-x Checkrust Silicon Alkyd heat resistant coating which was used by workers to paint boiler surfaces.  Condition noted on or about 04/30/12.      NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.

Issued

Oct 16, 2012

Abate by

Nov 29, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided information and training as specified in 29 CFR 1910.1200(h)(2) and (3) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:    a) 40 West 4th Street, New York, NY, Boiler Room - Employees used Insl-x Checkrust Silicon Alkyd heat resistant coating to paint boiler surfaces.  Workers were not trained on the hazards of the solvent based paint which contains chemicals such as but not limited to xylene, mineral spirits and ethyl benzene. Condition noted on or about 04/30/12.      Abatement Note    Information and training shall include:             - the location and availability of the written hazard communication program;          - the physical and health hazards of the chemicals used;          - explanation of Material Safety Data Sheets (MSDS);          - methods and observations used to detect the presence of hazardous chemicals and required emergency response.      NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000.00 AS PER 29 CFR 1903.19.