OSHA Inspection: FLORES & PALACIOS PAINTING LLC

Issued

Nov 9, 2015

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 1591

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) 320 Palmer Avenue, Mamaroneck, NY:   Employees were manually scraping lead-based paint, performing mechanical sanding and grinding on lead-based paint without a dust collection system, using a heat gun to remove lead-based paint, using a leaf-blower to gather lead-based paint chips/dust and were dry-sweeping lead-based paint; and the employer did not provide training on the hazards of lead and the requirements of 29 CFR 1926.62 OSHA Lead in Construction Regulation; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

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) 320 Palmer Avenue, Mamaroneck, NY:   Employees were manually scraping lead-based paint, performing mechanical sanding and grinding on lead-based paint without a dust collection system, using a heat gun to remove lead-based paint, using a leaf-blower to gather lead-based paint chips/dust and were dry-sweeping lead-based paint; and the employer did not provide training as required by the standard; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by 29 CFR 1926.62 did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30 μg/m3) calculated as an 8-hour time-weighted average (TWA):  a) 320 Palmer Avenue, Mamaroneck, NY:   Employees were manually scraping lead-based paint, performing mechanical sanding and grinding on lead-based paint without a dust collection system, using a heat gun to remove lead-based paint, using a leaf-blower to gather lead-based paint chips/dust and were dry-sweeping lead-based paint; and the employer did not determine if employees were exposed at or above the action level; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(A): 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 appropriate respiratory protection in accordance with 29 CFR 1926.62(f):  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees manually scraped lead-based paint and used a heat gun to remove lead-based paint and the employer did not provide employees performing the tasks with appropriate respiratory protection (e.g., a half-face air purifying respirator with HEPA filters or equivalent); on or about 7/22/15.  b) 320 Palmer Avenue, Mamaroneck, NY:   Employees performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not provide employees performing those tasks with appropriate respiratory protection (e.g., a full-face air purifying respirator with HEPA filters or equivalent); on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(f)(1)(iv): Respirators were not used during periods when respirators were required to provide interim protection for employees while they performed the operations specified in 29 CFR 1926.62(d)(2):  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees manually scraped lead-based paint and used a heat gun to remove lead-based paint and the employer did not require employees performing the tasks to use appropriate respiratory protection (e.g., a half-face air purifying respirator with HEPA filters or equivalent); on or about 7/22/15.  b) 320 Palmer Avenue, Mamaroneck, NY:   Employees performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not require employees performing those tasks to use appropriate respiratory protection (e.g., a full-face air purifying respirator with HEPA filters or equivalent); on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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) 320 Palmer Avenue, Mamaroneck, NY:  Employees wearing N95 dust masks performed manual scraping of lead-based paint and used a heat gun to remove lead-based paint and the employer did not establish and implement a written respiratory protection program; on or about 7/22/15.  b) 320 Palmer Avenue, Mamaroneck, NY:   Employees wearing N95 dust masks performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not establish and implement a written respiratory protection program; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:                  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees wearing N95 dust masks performed manual scraping of lead-based paint and used a heat gun to remove lead-based paint and the employer did not require employees performing the tasks to use appropriate respiratory protection (e.g., a half-face air purifying respirator with HEPA filters or equivalent); on or about 7/22/15.  b) 320 Palmer Avenue, Mamaroneck, NY:   Employees wearing N95 dust masks performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not require employees performing those tasks to use appropriate respiratory protection (e.g., a full-face air purifying respirator with HEPA filters or equivalent); on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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) 320 Palmer Avenue, Mamaroneck, NY:  Employees wearing N95 dust masks performed manual scraping of lead-based paint, used a heat gun to remove lead-based paint, performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not provide a medical evaluation to determine the employee's ability to use respiratory protection prior to requiring it to be worn; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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) 320 Palmer Avenue, Mamaroneck, NY:  Employees wearing N95 filtering facepiece respirators performed manual scraping of lead-based paint, used a heat gun to remove lead-based paint, performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not provide fit testing prior to initial use; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(2)(v)(B): 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 employees performing the tasks described in 29 CFR 1926.62(d)(2)(i), (d)(2)(ii), (d)(2)(iii), and (d)(2)(iv) with appropriate personal protective clothing and equipment in accordance with 29 CFR 1926.62(g):  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees manually scraped lead-based paint, used a heat gun to remove lead-based paint, performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not provide employees with appropriate protective clothing (e.g., coveralls or equivalent full-body work clothing, shoe covers and gloves); on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1)(i): The employer did not provide, at no cost to the employee, and ensure that the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to coveralls or similar full-body work clothing:  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees manually scraped lead-based paint, used a heat gun to remove lead-based paint, performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not provide employees with appropriate protective clothing (e.g., coveralls or similar full-body work clothing); on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(g)(1)(ii): The employer did not provide, at no cost to the employee, and ensure the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to gloves, hat, and shoes or disposable shoe coverlets:  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees manually scraped lead-based paint, used a heat gun to remove lead-based paint, performed mechanical sanding and grinding on lead-based paint without a dust collection system and the employer did not provide employees with appropriate protective clothing (e.g., gloves and shoes or disposable shoe coverlets); on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $2,000 · Current $2,000

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(1): All surfaces were not maintained as free as practicable of accumulations of lead:  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees manually scraped lead-based paint, used a heat gun to remove lead-based paint, performed mechanical sanding and grinding on lead-based paint without a dust collection system and allowed lead to dust and paint chips to accumulate on surfaces on which they worked; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(h)(2): Where  possible, clean-up of floors and other surfaces where lead accumulated was not accomplished by vacuuming or other methods that minimized the likelihood of lead becoming airborne:  a) 320 Palmer Avenue, Mamaroneck, NY:  Employees manually scraped lead-based paint, used a heat gun to remove lead-based paint, performed mechanical sanding and grinding on lead-based paint without a dust collection system and used a leaf blower and dry-sweeping with a broom to accumulate lead dust and paint chips and did not use vacuuming or other methods that minimized the likelihood of lead becoming airborne; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $1,600 · Current $1,600

General-duty citation text

29 CFR 1926.404(b)(1)(ii): On a construction site, where an assured equipment grounding program was not utilized, all 120-volt, single-phase, 15 and 20 ampere receptacle outlets which were not a part of the permanent wiring of the building or structure and which are in use by employees did not have approved ground fault circuit interrupters for personal protection:  a) 320 Palmer Avenue, Mamaroneck, NY:   Employees connected and used portable electrical equipment (e.g., grinder, sander, etc.) by connecting an extension cord from the equipment to an outdoor outlet on the house and did not use a ground fault circuit interrupter (GFCI) or an assured equipment grounding program; on or about 7/22/15.

Issued

Nov 9, 2015

Penalty

Initial $2,000 · Current $2,000

General-duty citation text

29 CFR 1926.501(b)(13): Each employee(s) engaged in residential construction activities 6 feet (1.8 m) or more above lower levels were not protected by guardrail systems, safety net system, or personal fall arrest system, nor were employee(s) provided with an alternative fall protection measure under another provision of paragraph 1926.501 (b):   a) 320 Palmer Avenue, Mamaroneck, NY - Roof Above the Sun Porch:  An employee assisting in the removal of lead paint was exposed to falling off the roof to the ground below (11 feet 8 inches) or from the roof to the stone landing in front of the sun porch (8 feet 6 inches) and was not protected against falling through  the use of any fall protection systems or alternative fall protection measures; on or about 7/22/15.