OSHA Inspection: EMPIRE BUILDING DIAGNOSTICS INC.

Issued

Apr 18, 2013

Penalty

Initial $3,366 · Current $2,170 Reduced

Hazardous substances 15929020

General-duty citation text

29 CFR 1910.141(d)(3)(i):     Whenever showers are required by a particular standard, the showers shall be provided in accordance with paragraphs (d)(3)(ii) through (v) of this section.    a.) 238 Ontario Street - On or about 1/9/13 and prior, employees performed asbestos removal.  Showers are required for workers by 1926.1101 (asbestos).  There were an insufficient number of showers (one) to accommodate both demolition and asbestos abatement workers from 11/2012 through 1/10/13.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Abate by

Jan 9, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 15929020

General-duty citation text

29 CFR 1910.141(d)(3)(v):     Employees who use showers shall be provided with individual clean towels.    a.) 238 Ontario Street - On or about 1/9/13, the shower did not have towels for workers to use after showering out.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Penalty

Initial $3,960 · Current $0 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(D): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with hand washing facilities in accordance with 29 CFR 1926.62(i)(5):    a.) 238 Ontario Street 3rd Floor - On or about 10/29/12, employees performing manual demolition in areas with lead paint prior to personal lead monitoring was analyzed, were not provided adequate handwashing facilities with adequate water supply in accordance with 29 CFR 1926.62(f).    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(i)(5)(i): The employer did not provide adequate handwashing facilities in accordance with 29 CFR 1926.51(f), for use by employees exposed to lead:    a.) 238 Ontario Street 3rd Floor - On or about 10/29/12, employees performing manual demolition in areas with lead paint prior to personal lead monitoring was analyzed, were not provided adequate handwashing facilities with adequate water supply in accordance with 29 CFR 1926.62(f).    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Abate by

Jan 14, 2013

Penalty

Initial $3,960 · Current $2,553 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(F): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with training as required under 29 CFR 1926.62(l)(1)(i) regarding 29 CFR 1926.59, Hazard Communication:    a.) 238 Ontario Street - On or about 19/13 and prior, two (2) temporary employees performing demoing prior to the employer's personal lead testing had been analyzed, did not have lead training as required by 29 CFR 1926.62.  The employer had not instituted a training program and ensure employee participation in the program.     b.) 238 Ontario Street  on or about 1/9/13 and prior. Three (3) permanent employees performing demoing prior to the employer's personal lead testing had been analyzed, did not have lead training as required by 29 CFR 1926.62.  The employer had not instituted a training program and ensure employee participation in the program.        NO ABATEMENT DOCUMENTATION REQUIRED

Issued

Apr 18, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(l)(1)(i): The employer did not communicate information concerning lead hazards according to requirements of OSHA's Hazard Communication Standard for the construction industry, 29 CFR §1926.59.    a.) 238 Ontario Street - On or about 19/13 and prior, two (2) temporary employees performing demoing prior to the employer's personal lead testing had been analyzed, did not have lead training as required by 29 CFR 1926.62.  The employer had not instituted a training program and ensure employee participation in the program.   b.) 238 Ontario Street  on or about 1/9/13 and prior. Three (3) permanent employees performing demoing prior to the employer's personal lead testing had been analyzed, did not have lead training as required by 29 CFR 1926.62.  The employer had not instituted a training program and ensure employee participation in the program.     NO ABATEMENT DOCUMENTATION REQUIRED

Issued

Apr 18, 2013

Abate by

Jan 9, 2013

Penalty

Initial $3,960 · Current $2,553 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR 1926.1101(h)(1)(ii):     Respirators were not used during Class II work where asbestos containing material was not removed in a substantially intact state:    a.) 238 Ontario Street outside rolloff from 3rd floor- on or about 1/9/13, multiple employees were observed inside of the roll off that contained Class II asbestos-containing waste, fixing the chute that led from the third floor abatement area.  The employees were observed without respiratory protection.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Penalty

Initial $7,920 · Current $5,106 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v): 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.) 238 Ontario Street 3rd Floor - On or about 10/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.       b.) 238 Ontario Street 3rd Floor - On or about 11/26/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.      c.) 238 Ontario Street 3rd Floor - On or about 11/26/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection trainingor an updated fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.        d.) 238 Ontario Street 3rd Floor - On or about 11/26/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.      e.) 238 Ontario Street 3rd Floor - On or about 11/28/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.      f.) 238 Ontario Street 3rd Floor - On or about 11/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical, or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     g.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, a medical evaluation and/or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     h.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, a medical evaluation and/or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     i.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical and a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     j.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     k.) 238 Ontario Street 3rd Floor & 2nd floor - On or about 12/4/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     l.) 238 Ontario Street 3rd Floor - On or about 12/5/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.      m.) 238 Ontario Street 2nd Floor - On or about 12/7/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     n.) 238 Ontario Street 3rd Floor - On or about 12/7/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     o.) 238 Ontario Street 3rd Floor - On or about 12/7/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.      p.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     q.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     r.) 238 Ontario Street 2nd Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     s.) 238 Ontario Street 1st Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     t.) 238 Ontario Street 1st Floor - On or about 12/17/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     u.) 238 Ontario Street 1st Floor - On or about 12/31/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical and/or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     v.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    w.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    x.) 238 Ontario Street 3rd Floor - On or about 10/29/12-1/9/13, 6 permanent employees performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training.   The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.      Empire Building Diagnostics was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number315503052, citation number 1, item number 2a and was affirmed as a final order on 11/21/11, with respect to a workplace located at 391 Washington Street, Buffalo, NY, 14203.      NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Abate by

Jan 14, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(2)(i):    The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to use a respirator:    a.) 238 Ontario Street 3rd Floor - On or about 10/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     b.) 238 Ontario Street 3rd Floor - On or about 11/26/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    c.) 238 Ontario Street 3rd Floor - On or about 11/26/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection trainingor an updated fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.     d.) 238 Ontario Street 3rd Floor - On or about 11/26/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    e.) 238 Ontario Street 3rd Floor - On or about 11/28/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    f.) 238 Ontario Street 3rd Floor - On or about 11/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical, or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   g.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, a medical evaluation and/or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   h.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, a medical evaluation and/or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   i.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical and a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   j.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   k.) 238 Ontario Street 3rd Floor & 2nd floor - On or about 12/4/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   l.) 238 Ontario Street 3rd Floor - On or about 12/5/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    m.) 238 Ontario Street 2nd Floor - On or about 12/7/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   n.) 238 Ontario Street 3rd Floor - On or about 12/7/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   o.) 238 Ontario Street 3rd Floor - On or about 12/7/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    p.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   q.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   r.) 238 Ontario Street 2nd Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   s.) 238 Ontario Street 1st Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   t.) 238 Ontario Street 1st Floor - On or about 12/17/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   u.) 238 Ontario Street 1st Floor - On or about 12/31/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training, medical and/or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.   v.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.  w.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training or a fit test. The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.  x.) 238 Ontario Street 3rd Floor - On or about 10/29/12-1/9/13, 6 permanent employees performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received respiratory protection training.   The employer has not fully implemented a respiratory protection program in accordance with 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1926.62 to wear a respirator.    Empire Building Diagnostics was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number315503052, citation number 1, item number 2a and was affirmed as a final order on 11/21/11, with respect to a workplace located at 391 Washington Street, Buffalo, NY, 14203.   NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Penalty

Initial $7,920 · Current $0 Reduced

General-duty citation text

29 CFR 1926.62(d)(2)(v)(E): Until the employer performed an employee exposure assessment as required under 29 CFR 1926.62(d) and determined actual employee exposure, the employer did not provide to employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with biological monitoring in accordance with 1926.62(j)(1)(i), to consist of blood sampling and analysis for lead and zinc protoporphyrin levels:    a.) 238 Ontario Street 3rd Floor - On or about 10/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring being analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     b.) 238 Ontario Street 3rd Floor - On or about 11/26/12, three (3) temporary employees performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial/updated medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     c.) 238 Ontario Street 3rd Floor - On or about 11/28/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     d.) 238 Ontario Street 3rd Floor - On or about 11/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.    e.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     f.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received  initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     g.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received 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. , considered by their job task, to be occupationally exposed on any day to lead at or above the action level.    h.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     i.) 238 Ontario Street 3rd Floor & 2nd floor - On or about 12/4/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received  initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.      j) 238 Ontario Street 2nd Floor - On or about 12/7/12, three (3) temporary employees performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial/updated medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     k.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employee, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     l.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     m.) 238 Ontario Street 1st Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employee, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     n.) 238 Ontario Street 1st Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     o.) 238 Ontario Street 1st Floor - On or about 12/31/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     p.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be  occupationally exposed on any day to lead at or above the action level.     q.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received 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., considered by their job task, to be     Empire Building Diagnostics was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 315503052, citation number 1, item number 5 and was affirmed as a final order on 11/21/11, with respect to a workplace located at 391 Washington Street, Buffalo, NY 14203.      NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Abate by

Jan 14, 2013

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.) 238 Ontario Street 3rd Floor - On or about 10/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring being analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     b.) 238 Ontario Street 3rd Floor - On or about 11/26/12, three (3) temporary employees performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial/updated medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     c.) 238 Ontario Street 3rd Floor - On or about 11/28/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     d.) 238 Ontario Street 3rd Floor - On or about 11/29/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.    e.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     f.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received  initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     g.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received 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. , considered by their job task, to be occupationally exposed on any day to lead at or above the action level.    h.) 238 Ontario Street 3rd Floor - On or about 11/30/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     i.) 238 Ontario Street 3rd Floor & 2nd floor - On or about 12/4/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received  initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.      j) 238 Ontario Street 2nd Floor - On or about 12/7/12, three (3) temporary employees performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial/updated medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     k.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employee, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     l.) 238 Ontario Street 2nd Floor - On or about 12/10/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     m.) 238 Ontario Street 1st Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employee, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     n.) 238 Ontario Street 1st Floor - On or about 12/11/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     o.) 238 Ontario Street 1st Floor - On or about 12/31/12, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be occupationally exposed on any day to lead at or above the action level.     p.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received initial medical surveillance, consisting of biological monitoring in the form of blood sampling and analysis for lead and zinc protoporphyrin levels, to employees, considered by their job task, to be  occupationally exposed on any day to lead at or above the action level.     q.) 238 Ontario Street 1st Floor - On or about 1/9/13, a temporary employee performing demoing in areas with lead paint prior to personal lead monitoring was analyzed, had not received 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., considered by their job task, to be     Empire Building Diagnostics was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 315503052, citation number 1, item number 5 and was affirmed as a final order on 11/21/11, with respect to a workplace located at 391 Washington Street, Buffalo, NY 14203.      NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 18, 2013

Abate by

Jan 14, 2013

Penalty

Initial $180 · Current $118 Reduced

Hazardous substances 1592

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.) 238 Ontario Street - on or about 1/9/13, the employer did not collect personal samples representative of a full shift that included a sample for each job classification, in each work area/task.  The samples collected for lead were marked personal samples, however no information regarding the shift, job classification, or the information regarding the person wearing the sample was collected and provided.    NO ABATEMENT CERTIFICATION REQUIRED