OSHA Inspection: HAIR BAR NYC

Issued

Apr 7, 2016

Abate by

May 3, 2016

Penalty

Initial $1,200 · Current $750 Reduced

General-duty citation text

29 CFR 1910.37(b)(2):  Each exit was not clearly visible and marked by a sign reading Exit.      (a)  At the work site, Washington side; exit was not marked by a sign reading "Exit"; on or about 12/2/15.      Note: The employer is required to submit abatement certification for this item accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

Jun 3, 2016

Penalty

Initial $1,200 · Current $750 Reduced

General-duty citation text

1910.134(c )(1): A written respiratory protection program that included the provisions in 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:    a) At the worksite - employees with the job title of stylist, are provided with and required to wear 3M half mask respirator and are not provided with the additional elements contained in the respirator program.  The employer did not develop or implement a written respiratory program including training, medical evaluation, fit testing, facepiece seal protection, procedures for cleaning and storing and disinfecting of  respirators, on or about 12/2/15.    Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.    ABATEMENT NOTE:         The written Respiratory Program must include the descriptions of how the       following program elements, required by this regulation will be developed,       implemented and conveyed to the employer's employees who use respirators:         (i)   Procedures for selecting respirators for use in the workplace.         (ii)  Medical evaluations of employees required to use respirators.         (iii) Fit testing procedures for tight fitting respirators.         (iv)  Procedures for the proper use of respirators in routine and reasonably       foreseeable emergency situations.         (v)   Procedures and schedules for cleaning, disinfecting, storing, inspecting       repairing, discarding, and maintaining respirators.         (vi)  Procedures to ensure adequate air quality, quantity, and flow of breathing       air for atmosphere-supplying respirators.         (vii) Training of employees in the respiratory hazards to which they are       potentially exposed during routine and emergency situations.         (viii)Training of employees in the proper use of respirators, including put       and removing them, any limitations on their use, and their maintenance; and         (ix)  Procedures for regularly evaluating the effectiveness of the program.

Issued

Apr 7, 2016

Abate by

May 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(i): The employer did not select and provide an appropriate respirator based on the respiratory hazard(s) to which the worker is exposed and workplace and user factors that affect respirator performance and reliability:    a) At the worksite - the employer did not monitor the respiratory hazards to which the employees are exposed to; on or about 12/2/15.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

May 3, 2016

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)   At the worksite - Employees are required to wear 3M half mask respirator without being provided with medical evaluation prior to the employee's use of the respirator in the workplace, on or about 12/2/15.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

May 3, 2016

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)   At the worksite - Employees are required to wear 3M half mask respirator without being fit tested prior to the initial use of the respirator, on or about 12/2/15.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

May 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(3):  Training was not provided prior to requiring employees to use a respirator in the workplace:   a)   At the worksite - employees required to wear 3M half mask respirator were not provided with respiratory protection training prior to being required to wear a respirator at the workplace; on or about 12/2/15.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

May 3, 2016

Penalty

Initial $1,200 · Current $750 Reduced

General-duty citation text

29 CFR 1910.157(g)(1):  An educational program was not provided for all employees to familiarize them with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting:      (a) At the work site; Where fire extinguishers were provided for employee's use, the employer did not provide employees with an educational program to familiarize employees in the general principles of fire extinguisher use, on or about 12/2/15.     * ABATEMENT NOTE * By this date the employer must either correct the alleged violation or implement a Fire Safety Policy; as outlined in 29 CFR 1910.38(a) and (b) which includes the evacuation requirements of 29 CFR 1910.157(b).     Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

Jun 3, 2016

Penalty

Initial $1,200 · Current $750 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not implement a written Hazard Communication Program which at least describes how the criteria in 29 CFR 1910.1200 (f), (g) and (h) will be met:       a) At the worksite, the employer did not implement a written Hazard Communication Program for employees who use and are exposed to hazardous materials, such as, but not limited to, hair color, containing propylene glycol, cetearyl alcohol; on or about 12/2/15.       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             workplace must be compiled and be maintained as part of the employer's              written Hazard Communication Program;           c.   Safety Data Sheets (SDSs) 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,             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.   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 7, 2016

Abate by

May 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):  Employees were not provided with information and training on hazardous chemicals in their work area at the time of their initial assignment and when a new hazard was introduced into their work area:    a) At the worksite, Employees who use and are exposed to hazardous materials such as, but not limited to, hair coloring containing propylene glycol, cetearyl alcohol were not provided with hazard communication training; on or about 12/2/15.   Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

May 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(2)(iii): Section 3, Composition/information on ingredients;   a) The Safety data sheet (SDS) did not contain the ingredient Formaldehyde 0.2% which is considered to be a carcinogenic material, on or about 12/2/15.

Issued

Apr 7, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1048(d)(1)(i):  Employees of a workplace covered by this standard were not monitored to determine their exposure to formaldehyde:  a) At the worksite, the employer did not determine employees exposure to hair straightener products containing formaldehyde such as, but not limited to, sleek touch containing  2.4% ; on or about 12/2/15.   Note:     Because abatement of this violation is already documented in the case the employer need not submit certification or documentation of abatement of this violation normally required by 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

May 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1048(m)(5): The employer did not develop, implement, and maintain at the workplace, a written hazard communication program for formaldehyde exposures in the workplace, which at a minimum describes how the requirements specified in this paragraph for labels and other forms of warning and material safety data sheets, and paragraph (n) for employee information and training, will be met:  a) At the worksite,  the employer did not develop and implement a hazard communication training for employees who use hair straightening products containing formaldehyde such as, but not limited to, sleek touch containing  2.4% ; on or about 12/2/15.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Apr 7, 2016

Abate by

May 3, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1048(n)(1):  The employer did not provide employees with information and training on formaldehyde at the time of their initial assignment and whenever a new hazard formaldehyde was introduced into their work area:  a) At the worksite,  the employer did not provide training to employees who use hair straightening products containing formaldehyde such as, but not limited to,  sleek touch containing 2.4 %; on or about 12/2/15.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.