OSHA Inspection: LIK-NU PORCELAIN

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $2,800 · Current $2,000 Reduced

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) 45 East 45th street, New York, NY: The employer did not implement a respiratory protection program for employees refinishing bathtubs using a full face MSA tight fitting elastomeric face piece with chemical cartridges. Employees use Rock Miracle Paint & Varnish remover containing 88% methylene chloride. Condition was noted on or about 12/17/14.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

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 fit tested or required to use the respirator in the workplace:  a) 45 East 45th street, New York, NY: The employer did not provide a medical evaluation for employees refinishing bathtubs using a full face MSA tight fitting elastomeric face piece with chemical cartridges. Employees use Rock Miracle Paint & Varnish remover containing 88% methylene chloride. Condition was noted on or about 12/17/14.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $0 · Current $0

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) 45 East 45th street, New York, NY: Employees refinishing bathtubs using a full face MSA tight fitting elastomeric face piece with chemical cartridges were not fit tested. Employees use Rock Miracle Paint & Varnish remover containing 88% methylene chloride. Condition was noted on or about 12/17/14.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): Training and information. This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.  a) 45 East 45th street, New York, NY: The employer did not provide comprehensive training for employees refinishing bathtubs using a full face MSA tight fitting elastomeric face piece with chemical cartridges. Employees use Rock Miracle Paint & Varnish remover containing 88% methylene chloride. Condition was noted on or about 12/17/14.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $2,800 · Current $2,200 Reduced

General-duty citation text

29 CFR 1910.1052(d)(2): The employer did not perform initial monitoring to determine each employee's exposure to methylene chloride:    a) 45 East 45th street, New York, NY: The employer did not conduct initial monitoring for employees refinishing bathtubs using Rock Miracle Paint & Varnish remover containing 88% methylene chloride. Condition noted on or about 12/17/14.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $2,000 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.1052(i)(2): It was reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater methylene chloride and the employer did not provide appropriate eyewash facilities within the immediate work area for emergency use:    a) 45 East 45th street, New York, NY: The employer did not provide an eye wash facility for employees refinishing bathtubs using Rock Miracle Paint & Varnish remover containing 88% methylene chloride. Condition noted on or about 12/17/14.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $2,800 · Current $2,200 Reduced

General-duty citation text

29 CFR 1910.1052(l)(1): The employer did not provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to methylene chloride:    a) 45 East 45th street, New York, NY: The employer never provided initial formal training to employees exposed to methylene chloride during bathtub refinishing. Employees refinish bathtubs using Rock Miracle Paint and Varnish Remover which contains 88% methylene chloride. Condition noted on or about 12/17/14.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(l)(3)(i): The employer did not inform each affected employee of the requirements of 29 CFR 1910.1052 and the information available in its appendices and/or how to access or obtain a copy of it in the workplace:    a) 45 East 45th street, New York, NY: The employer did not inform employees on the contents, requirements, and have a copy of regulation available. Employees refinish bathtubs using Rock Miracle Paint & Varnish remover containing 88% methylene chloride. Condition noted on or about 12/17/14.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

Penalty

Initial $2,800 · Current $2,000 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) 45 East 45th street, New York, NY: The employer did not develop and implement a hazard communication program for employees who are required to refinish bathtubs with chemicals such as but not limited to Rock Miracle Paint and Varnish Remover which contains methylene chloride and lacquer which contains toluene. Condition noted on or about 12/17/14.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.

Issued

Jun 17, 2015

Abate by

Jul 30, 2015

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) 45 East 45th street, New York, NY: The employer did not train employees who are required to refinish bathtubs in the hazards associated with chemicals such as but not limited to Rock Miracle Paint and Varnish remover which contains methylene chloride and lacquer which contains toluene. Condition noted on or about 12/17/14.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER CFR 1903.19.