OSHA Inspection: MID ISLAND STUCCO SYSTEMS INC.

Issued

Apr 11, 2014

Abate by

Apr 17, 2014

Penalty

Initial $3,080 · Current $1,540 Reduced

General-duty citation text

29 CFR 1926.451(f)(6):   Scaffolds were erected, used, dismantled, altered, or moved such that they, or any conductive material handled on them, could have come closer than the minimum distances established for specific voltages as set forth in the table in subparagraph (f)(6).Note:  Specify distances as indicated in table in paragraph (f)(6) of this section.    a)  Worksite, 3542 Woodward St., Oceanside NY - Employees were applying stucco on a residential home while walking and working on a fabricated frame scaffold.  The frame of the scaffold was touching the energized 220V power line; on or about 11/14/13.    Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Apr 11, 2014

Abate by

Apr 17, 2014

Penalty

Initial $2,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1926.501(b)(13):   Each employee engaged in residential construction activities 6 feet or more above lower levels was not protected by guardrail systems, safety net systems, or personal fall arrest systems, nor did the employer demonstrate that it is infeasible or creates a greater hazard to use these systems and develop and implement a fall protection plan which meets the requirements of paragraph (k) of section 1926.502.      a)  Worksite - Employees were applying stucco to a two story residential home.  The employees were not protected from falling approximately 12ft to the ground below; on or about 11/14/13.     Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 11, 2014

Abate by

Apr 17, 2014

Penalty

Initial $4,400 · Current $2,200 Reduced

General-duty citation text

29 CFR 1926.451(b)(1):   Each platform on all working levels of scaffolds was not fully planked or decked between the front uprights and the guardrail supports as specified in paragraphs 1926.451(b)(1)(i)-(ii)      a)  Worksite, Exterior - Employees were working on the first tier of a fabricated frame scaffold. The employees were working on an area of the scaffold that had three planks installed; on or about 11/14/13.    b)  Worksite, Exterior - Employees were working on the second tier of a fabricated frame scaffold. The employees were working on an area of the scaffold that had three planks installed; on or about 11/14/13.      Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    Mid Island Stucco System Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.451(b)(1), which was contained in OSHA inspection number 311137954 citation number 1 item number 1 and was affirmed as a final order on 10/2/09, with respect to a workplace located at 2210 Long Beach Rd. Oceanside NY 11572.

Issued

Apr 11, 2014

Abate by

Apr 17, 2014

Penalty

Initial $4,400 · Current $2,200 Reduced

General-duty citation text

29 CFR 1926.451(e)(1):   When scaffold platforms were more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from other scaffold, structure, personnel hoist, or similar surface was not used.  Crossbraces were used as a means of access.    a)  Worksite, 3542 Woodward St. Oceanside NY - Employees were applying stucco to a two story residential home while working from a fabricated frame scaffold.  The employees were climbing the crossbraces to gain access to the scaffold; on or about 11/14/13.      Mid Island Stucco System Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.451(e)(1), which was contained in OSHA inspection number 311137954 citation number 1 item number 2 and was affirmed as a final order on 10/2/09, with respect to a workplace located at 2210 Long Beach Rd. Oceanside NY 11572.

Issued

Apr 11, 2014

Abate by

Apr 17, 2014

Penalty

Initial $4,400 · Current $2,200 Reduced

General-duty citation text

29 CFR 1926.451(g)(1)(vii): Each employee on a scaffold, not otherwise specified in paragraphs (g)(1)(i) through (g)(1)(vi) of this section, more than 10 feet (3.1 m) above lower level was not protected from falls by the use of personal fall arrest systems or guardrail systems meeting the requirements of paragraph (g)(4) of this section.      a)  Worksite, 3542 Woodward St. Oceanside NY - Employees were applying stucco to a two story residential home while working on the second tier of a fabricated frame scaffold.  The employees were not protected from falling approximately 12ft to the ground below; on or about 11/14/13.      b)  Worksite, 3542 Woodward St. Oceanside NY - Employees were applying stucco to a two story residential home while working from a scaffolding plank on the roof of a portico. The employees were not protected from falling approximately 12ft to the ground below; on or about 11/14/13.      Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    Mid Island Stucco System Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.451(g)(1)(vii), which was contained in OSHA inspection number 311137954 citation number 1 item number 3 and was affirmed as a final order on 10/2/09, with respect to a workplace located at 2210 Long Beach Rd. Oceanside NY 11572.

Issued

Apr 11, 2014

Abate by

May 29, 2014

Penalty

Initial $440 · Current $220 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 (Construction Reference: 1926.59):    a) Worksite, North - Employees applying stucco use materials such as, but not limited to, Senerflex Fine Maxi White. A written hazard communication program was not in place; on, or about, 11/14/13.        Note: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.        ABATEMENT NOTE:      The written Hazard Communication Program must include descriptions of how the following  program elements, required by this regulation, will be developed, implemented, and conveyed  to the employer's employee(s) who are exposed to hazardous materials:            a.   Labeling and other forms or warning:                 Labels shall include at least the identity of the hazardous             chemical(s), the appropriate hazard warnings, the target organs,             and the name and address of the chemical manufacturer, importer or other responsible party;            b.   A list or inventory of all hazardous materials known to be present in the             workplace must be compiled and be maintained as part of the employer's             written Hazard Communication Program;            c.   Material Safety Data Sheets (MSDSs) for all materials used by             employee(s) in the workplace must be maintained and readily available             all employee(s) on all shifts.            d.   The employer's Hazardous Materials Information and Training Program             must be based upon the employer's written Hazard Communication             Program.  The training for employee(s) must include at least:   Methods and observation that may be used to detect the presence             or release of hazardous chemicals in the work area.                         The physical and health hazards of the chemicals in the work area.                 The measures employee(s) can take to protect themselves, such as,             specific procedures, appropriate work practices, emergency             procedures, and personal protective equipment to be used.             The details of the employer's Hazard Communication Program             including an explanation of the labeling systems used, Material             Safety Data Sheets and how employees can obtain and use the             appropriate hazard information;            e.   Methods used to inform employees of the hazards associated with non             routine tasks must also be addressed in the employer's written program;             and            f.   The employer's written Hazard Communication Program must be             made available upon request.            For Multi Employer Work places, the employer's Written Hazard Communication        Program must also specifically address how:            a.   Material Safety Data Sheets for each hazardous material on the job             site will be provided to other employers in the event the other             employer's employee(s) may be exposed to these materials.            b.   The methods the employer will use to inform other employer(s) of             any precautionary measures that need to be taken to protect             employee(s) during normal operating conditions and in foreseeable             emergencies.            c.   The methods the employer will use to inform the other employer(s)             of the labeling system used in the workplace.

Issued

Apr 11, 2014

Abate by

May 29, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift:  a) Worksite - Employees applying stucco use materials such as, but not limited to, Senerflex Fine Maxi Whit. Material safety data sheets were not available; on, or about, 11/14/13.     Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 11, 2014

Abate by

May 29, 2014

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:  a) Worksite - Employees applying stucco use materials such as, but not limited to, Senerflex Fine Maxi White. A training program was not in place; on, or about, 11/14/13.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.