OSHA Inspection: DARIUS MASONRY, INC.

Issued

2016-04-28 00:00:00

Abate by

2016-05-04 00:00:00

Penalty

Initial $2000.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:      a) Worksite, 39 Brentwood Rd. Bay Shore, NY - Employees were installing brick on a commercial building while working from a fabricated frame scaffold.  The employees walking and working under the overhead brick work were exposed to being struck by falling bricks and other materials; on or about 11/23/15.      Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

2016-04-28 00:00:00

Abate by

2016-05-04 00:00:00

Penalty

Initial $2000.00 · Current $1500.00 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, 39 Brentwood Rd. Bay Shore, NY - Employees were installing bricks on a commercial building while working from a fabricated frame scaffold. The employees were climbing the crossbraces to gain access to the scaffold; on or about 11/23/15.      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

2016-04-28 00:00:00

Abate by

2016-05-04 00:00:00

Penalty

Initial $2000.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1926.451(h)(2)(ii): A toeboard was not erected along the edge of platforms more than 10 feet (3.1 m) above lower levels for a distance sufficient to protect employees below: Note:  This requirement does not apply to float (ship) scaffolds where an edging of 3/4 inch x 1 1/2 inch (2 x 4 cm) wood or equivalent was used in lieu of toe boards.      a) Worksite, 39 Brentwood Rd., Bay Shore, NY  - Employees were installing bricks on a  commercial building while working from a fabricated frame scaffold.  The scaffold did not have toe boards installed to keep loose bricks and tools from falling; on or about 11/23/15.       Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

2016-04-28 00:00:00

Abate by

2016-05-04 00:00:00

Penalty

Initial $4000.00 · Current $2500.00 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, 39 Brentwood Rd. Bay Shore, NY - Employees were installing bricks on a commercial building while working from the third level approximately 15 ft. above the ground.  Two planks were missing; on or about 11/23/15.    b) Worksite, 39 Brentwood Rd. Bay Shore, NY - Employees were installing bricks on a commercial building while working from the fourth level approximately 20 ft. above the ground. One plank was missing; on or about 11/23/15.    c) Worksite, 39 Brentwood Rd. Bay Shore, NY - Employees were installing bricks on a commercial building while working from the fifth level approximately 25 ft. above the ground.  Two planks were missing; on or about 11/23/15.      This employer 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 315331991 citation number 1, item number 1, issued on March 17, 2011 and was affirmed as a final order on April 7, 2011, with respect to a workplace located at 190 Duffy Avenue, Hicksville, NY 11801.    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

2016-04-28 00:00:00

Abate by

2016-05-04 00:00:00

Penalty

Initial $5600.00 · Current $3000.00 Reduced

General-duty citation text

29 CFR 1926.451(g)(1): Employees on scaffolds more than 10 feet (3.1 m) above a lower level were not protected from falling to that lower level by fall protection established in paragraphs (g)(1)(i)-(vii) of this section:    a)  Worksite, 39 Brentwood Rd., Bay Shore, NY - Employees were installing bricks on a commercial building while working from a fabricated frame scaffold approximately 15ft. above the ground without a means of fall protection; on or about 11/23/15.    b)  Worksite, 39 Brentwood Rd., Bay Shore, NY - Employees were installing bricks on a commercial building while working from a fabricated frame scaffold approximately 20ft. above the ground without a means of fall protection; on or about 11/23/15.      c) Worksite, 39 Brentwood Rd., Bay Shore, NY - Employees were installing bricks on a commercial building while working from a fabricated frame scaffold approximately 25ft above the ground without a means of fall protection; on or about 11/23/15.      This employer was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1926.451(g)(1), which was contained in OSHA inspection number 315331991 citation number 1, item number 2, issued on March 17, 2011   and was affirmed as a final order on April 7, 2011, with respect to a workplace located at 190 Duffy Avenue, Hicksville, NY 11801.    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

2016-04-28 00:00:00

Abate by

2016-06-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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, 39 Brentwood Rd., Bay Shore, NY - Employees use materials such as, but not limited to, Portland Cement. A written hazard communication program was not in place; on, or about, 11/23/2015.    Note:  The employer is required to submit abatement certification 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

2016-04-28 00:00:00

Abate by

2016-06-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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, 39 Brentwood Rd., Bay Shore, NY  - Employees use materials such as, but not limited to, Portland Cement.  Material safety data sheets were not available; on, or about, 11/23/15.     Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

2016-04-28 00:00:00

Abate by

2016-06-15 00:00:00

Penalty

Initial $0.00 · Current $0.00

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, 39 Brentwood Rd., Bay Shore NY  - Employees use materials such as, but not limited to, Portland Cement. A training program was not in place; on or about, 11/23/15.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.