OSHA Inspection: MANAGEMENT APPLIANCE & AIR CONDITION, INC.

Issued

Sep 17, 2014

Abate by

Oct 7, 2014

Penalty

Initial $1,700 · Current $500 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.55(a): Employee(s) were exposed to material(s) at concentrations above those specified in the Threshold Limit Values of Airborne Contaminants for 1970 of the American Conference of Governmental Industrial Hygienists:    a) Basement of 15 Sigma Place, Bronx, NY:  On or about 7/1/14, an employee who took turns with another employee using a pneumatic hammer to drill holes into bedrock located in the basement was exposed to crystalline silica (respirable quartz) above the OSHA -8 hour Threshold Limit Value (TLV) of 7.35 million particles per cubic feet (mppcf) of crystalline silica.  The employee was exposed to 11.84 mppcf of crystalline silica and the employer did not use feasible engineering and administrative controls to reduce exposure levels.   The sampling time was for 130 minutes and zero exposure was assumed for the unsampled period of 350 minutes.    b) Basement of 15 Sigma Place, Bronx, NY:  On or about 7/1/14, an employee who took turns with another employee using a pneumatic hammer to drill holes into bedrock located in the basement was exposed to crystalline silica (respirable quartz) above the OSHA -8 hour Threshold Limit Value (TLV) of 6.76 million particles per cubic feet (mppcf) of crystalline silica. The employee was exposed to 13.42 mppcf of crystalline silica and the employer did not use feasible engineering and administrative controls to reduce exposure levels.   The sampling time was for 131 minutes and zero exposure was assumed for the unsampled period of 349 minutes.    c) Basement of 15 Sigma Place, Bronx, NY:  On or about 7/2/14, an employee who took turns with another employee using a pneumatic hammer to drill holes into bedrock located in the basement was exposed to crystalline silica (respirable quartz) above the OSHA -8 hour Threshold Limit Value (TLV) of 7.35 million particles per cubic feet (mppcf) of crystalline silica. The employee was exposed to 23.8 mppcf of crystalline silica and the employer did not use feasible engineering and administrative controls to reduce exposure levels.   The sampling time was for 285 minutes and zero exposure was assumed for the unsampled period of 195 minutes.    d) Basement of 15 Sigma Place, Bronx, NY:  On or about 7/2/14, an employee who took turns with another employee using a pneumatic hammer to drill holes into bedrock located in the basement was exposed to crystalline silica (respirable quartz) above the OSHA -8 hour Threshold Limit Value (TLV) of 11.4 million particles per cubic feet (mppcf) of crystalline silica. The employee was exposed to 35.4 mppcf of crystalline silica and the employer did not use feasible engineering and administrative controls to reduce exposure levels.   The sampling time was for 285 minutes and zero exposure was assumed for the unsampled period of 195 minutes.      Note:  The OSHA-8 hour Threshold Limit Value for crystalline silica varies based upon the percentage of quartz found in the samples collected.

Issued

Sep 17, 2014

Abate by

Oct 7, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(a)(2): The employer did not provide respirators which were applicable and suitable for the purpose intended  a) Basement - 15 Sigma Place, Bronx, NY:   Two employees performing drilling using a pneumatic hammer to drill holes into bedrock were exposed to crystalline silica and were provided with Western Safety Particle Dust Masks.  These masks were not suitable for protection against crystalline silica; on or about 7/1/14.

Issued

Sep 17, 2014

Abate by

Oct 7, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:     a) Basement -15 Sigma Place, Bronx, NY:   Two employees performing drilling using a pneumatic hammer to drill holes into bedrock were required to use respirators (N95 dust masks) and the employer did not develop and implement a written respiratory protection program; on or about 7/2/14.

Issued

Sep 17, 2014

Abate by

Oct 7, 2014

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 was required to use the respirator in the workplace:  a) Basement of 15 Sigma Place, Bronx, NY:   Two employees performing drilling using a pneumatic hammer to drill holes into bedrock were required to use respirators (N95 dust masks) and the employer did not provide a medical evaluation to determine the ability of employees to use respirators; on or about 7/2/14.

Issued

Sep 17, 2014

Abate by

Oct 7, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9010

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) Basement of 15 Sigma Place, Bronx, NY:   Two employees were using a pneumatic hammer to drill holes into bedrock and were required to use respirators (N95 dust masks).  The employer did not provide fit testing prior to using the respiratory protection; on or about 7/2/14.

Issued

Jul 18, 2014

Abate by

Aug 7, 2014

Penalty

Initial $1,700 · Current $500 Reduced

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:    a)  Basement of 15 Sigma Place, Bronx, NY: Two employees performing drilling using a pneumatic hammer to drill holes into bedrock were exposed to noise levels above the OSHA-8 hour TWA Permissible Exposure Limit of 90 decibels (dBA) and did not wear hearing protection correctly.   The employer did not instruct employees on how to properly utilize the hearing protection provided (e.g., ear plugs); on or about 7/2/14.    b) Basement of 15 Sigma Place, Bronx, NY:  Two employees performing drilling using a pneumatic hammer to drill holes into bedrock were not instructed on the hazards of exposure to crystalline silica; on or about 7/2/14.

Issued

Jul 18, 2014

Abate by

Aug 7, 2014

Penalty

Initial $1,700 · Current $1,000 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1926.52(b):  Employees were subjected to sound levels exceeding those listed in table D-2 of 29 CFR 1926.52 and feasible administrative or engineering controls were not utilized to reduce sound levels:      a)  Basement of 15 Sigma Place, Bronx, NY:  On or about 7/2/14, two employees who took turns  using a pneumatic hammer to drill holes into bedrock located in the basement were exposed to noise levels above the OSHA-8 hour TWA Permissible Exposure Limit of 90 decibels (dBA) and the employer did not utilize feasible administrative and engineering controls to reduce sound levels.  The continuous noise level ranged from 99.2 dBA to 104.8 dBA, which was equivalent to a dose percentage ranging from 360% to 782% of the allowable eight (8)-hour time-weighted average of 90 dBA.  The sampling times  ranged from 288 to 292 minutes.  Zero exposure was assumed for the unsampled period of time.      Abatement Note:      Feasible Engineering Controls include:  Utilizing a muffler for the pneumatic hammer.    Feasible Administrative Controls include:  1. Utilizing a 3rd employee and providing job rotation, thereby reducing the duration of exposure for each employee.  2. Instruct the employee who is not performing drilling to remain outside the room.