OSHA Inspection: THE HARP GALLERY LLC

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $5,070 · Current $2,535 Reduced

Hazardous substances 15911730

General-duty citation text

29 CFR 1910.134(c)(1):  In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable:    On or about January 25, 2017, the employer had not established and implemented a written respiratory protection program when Staining employees were required to wear tight-fitting half-face respirators.    All provisions of 29 CFR 1910.134(c) through (m) must be covered in a written respirator protection program. Key elements including, but are not limited to the following:    1)  Medical evaluation for respirator use  2)  Fit testing  3)  Respirator selection  4)  Maintenance, use and care of respirators  5)  Employee training  6)  Recordkeeping

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 15911730

General-duty citation text

29 CFR 1910.134(d)(1)(i): The employer shall 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.  On or about February 22, 2017, the employer did not select and provide appropriate respirator protection to a Restoration employee who was overexposed to airborne lead dust and methylene chloride while stripping antique furniture in the Restoration department.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $5,070 · Current $2,535 Reduced

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(e)(2):  Initial monitoring. Each employer who has a workplace or work operation covered by this standard shall monitor each such workplace and work operation to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed:    On or about February 22, 2017, the employer did not monitor each workplace or work operation to accurately determine the airborne concentration of inorganic arsenic to which Restoration employees may be exposed when sanding antique furniture that had been stripped of paint containing the inorganic arsenic.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(2): Initial determination. Each employer who has a workplace or work operation covered by this standard shall determine if any employee may be exposed to lead at or above the action level.  On or about February 22, 2017, the employer did not monitor each workplace or work operation to accurately determine the airborne concentration of inorganic arsenic to which Restoration employees may be exposed when sanding antique furniture that had been stripped of paint containing the inorganic arsenic.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(1)(i): The employer shall institute a medical surveillance program for all employees who are or may be exposed at or above the action level for more than 30 days per year.  On or about February 22, 2017, the employer did not institute a medical surveillance program for Restoration employees who were exposed or may have been exposed to lead above the action level for more thant 30 days per year.  An appropriate medical surveillance program must include, but is not limited to:  1)  Biological monitoring including blood lead and zinc protoporphyrin (ZPP) level sampling and analysis;  2)  Medical examination and consultations.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(l)(1)(i): Each employer who has a workplace in which there is a potential exposure to airborne lead at any level shall inform employees of the content of Appendices A and B of this regulation.  On or about February 22, 2017, the employer did not inform employee of the substance identification, health hazards and explanation of the lead standard as contained in Appendix A and B of this regulation when Restoration, Wax Restoration and Carpenter employees could potentially be exposed to lead contained in the coating of antique furniture.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(l)(1)(ii): The employer shall train each employee who is subject to exposure to lead at or above the action level, or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.  On or about February 22, 2017, the employer did not train Restoration employees, who were exposed to lead above the actin level, in accordance with the requirements of this section. The employer did not institute a training program and did not ensure employee participation in the program.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(d)(2)(i): Initial monitoring. Except as provided for in paragraphs (d)(2)(ii) and (d)(2)(iii) of this section, the employer shall monitor employee exposures and shall base initial determinations on the monitoring results.  On or about February 22, 2017, the employer did not monitor employee exposures to airborne cadmium to which Restoration employees were exposed when conducting sanding operations on antique furniture that contained cadmium.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $5,070 · Current $2,535 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(c)(1): The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m(3)) averaged over an 8-hour period.    In the Restoration department, a Restoration employee was exposed to airborne lead at a level of 0.058 mg/m3 as an 8-hour TWA on February 22, 2017, approximately 1.2 times the PEL of 0.05 mg/m3. This exposure was determined by air sampling conducted over 419 minutes during one shift, with zero exposure being assumed for the unsampled 61 minutes of an 8-hour work shift.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(1)(i):  Where any employee is exposed to lead above the permissible exposure limit for more than 30 days per year, the employer shall implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead in accordance with the implementation schedule in Table I below, except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest feasible level and shall supplement them by the use of respiratory protection which complies with the requirements of paragraph (f) of this section:  On or about February 22, 2017, the employer did not implement engineering and work practice controls to reduce a Restoration employee's exposure to airborne lead below the PEL, while the employee was working in the Restoration department and was sanding furniture which had previously been coated with paint containing lead.   Applicable administrative or engineering controls may include, but are not limited to the following:  1)  Discontinue any and all removal of coatings which could contain lead and/or other toxic heavy metals.  2)  Conduct only wet stripping of coatings which could contain lead and discontinue operations which would create airborne dust.  3)  Install and ensure employees utilize an exhaust ventilation system to reduce exposures below the PEL by capturing any airborne lead containing dust before it enters into employees' breathing zone.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(1):  If an employee is exposed to lead above the PEL, without regard to the use of respirators or where the possibility of skin or eye irritation exists, the employer shall provide at no cost to the employee and assure that the employee uses appropriate protective work clothing and equipment:  On or about February 22, 2017, the employer did not provided employees appropriate protective work clothing and equipment when a Restoration employee was exposed to lead above the PEL while the employee was wearing his street clothes while working in the Restoration department and sanding furniture which had previously been coated with paint containing lead.  Appropriate protective equipment required by this section could include, but is not limited to:  1)  Coveralls or similar full-body work clothing; 2)  Gloves, hats, and shoes or disposable shoe coverlets; and 3)  Face shields, vented goggles, or other appropriate protective equipment which complies with 1910.133 of this Part.

Issued

May 4, 2017

Abate by

Jul 31, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(h)(1): Surfaces. All surfaces shall be maintained as free as practicable of accumulations of lead.    On or about February 22, 2017, the employer did not maintain all surfaces as free as practicable of accumulations of lead. A wipe sampled collected on the floor of the Restoration department resulted in lead levels of approximately 447.5 ug/ft2.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $5,070 · Current $2,535 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(c)(1):  Eight-hour time-weighted average (TWA) PEL. The employer shall ensure that no employee is exposed to an airborne concentration of MC in excess of twenty-five parts of MC per million parts of air (25 ppm) as an 8-hour TWA:    In the Restoration department, a Restoration employee was exposed to methylene chloride at a level of 72.6 ppm as an 8-hour TWA on February 22, 2017, approximately 2.9 times the PEL of 25 ppm. This exposure was determined by air sampling conducted over 418 minutes during one shift, with zero exposure being assumed for the unsampled 62 minutes of an 8-hour work shift.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(e)(1): The employer shall establish a regulated area wherever an employee's exposure to airborne concentrations of MC exceeds or can reasonably be expected to exceed either the 8-hour TWA PEL or the STEL.  On or about February 22, 2017, the employer did not establish a regulated area when a Restoration employee's exposure to methylene chloride exceeded the 8-hour TWA PEL while conducting stripping operations.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(f)(1):  Engineering and work practice controls. The employer shall institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the PELs except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the 8-TWA PEL or STEL, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of paragraph (g) of this section:  On or about February 22, 2017, the employer did not institute effective engineering controls or work practices to reduce a Restoration employee's exposure to methylene chloride below the PEL.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(g)(1)(i):  For employees who use respirators required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this paragraph. Respirators must be used during periods when an employee's exposure to MC exceeds the 8-hour TWA PEL, or STEL (for example, when n employee is using MC in a regulated area):  On or about February 22, 2017, the employer did not require or provide Restoration employees with appropriate respirators when their exposures the methylene chloride exceeded the 8-hour TWA PEL.

Issued

May 4, 2017

Abate by

Jul 31, 2017

Penalty

Initial $5,070 · Current $2,535 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(2):  Initial determination. Each employer whose employees are exposed to MC shall perform initial exposure monitoring to determine each affected employee's exposure:    On or about February 22, 2017, the employer had not performed initial exposure monitoring for Restoration employees who worked with a stripping chemical containing methylene chloride. An employee working with the methylene chloride was overexposed as an 8-hour TWA.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(j)(1)(i): The employer shall make medical surveillance available for employees who are or may be exposed to methylene chloride (MC) at or above the action level on 30 or more days per year, or above the 8-hour TWA PEL or the STEL on 10 or more days per year:  On or about February 22, 2017, the employer did not make medical surveillance available for Restoration employees who were exposed to MC above the PEL more than 10 days per year.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(l)(1):  The employer shall 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 (MC):  On or about February 22, 2017, the employer did not provide information and training on the hazards and requirement of this standard to Restoration employees who were exposed to MC during stripping operations.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $5,070 · Current $2,535 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1200(g)(1):  Chemical manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers shall have a safety data sheet in the workplace for each hazardous chemical which they use:    On or about February 22, 2017, the employer did not have safety data sheets in the workplace for each hazardous chemical they used; including, but not limited to isopropyl alcohol and methylene chloride containing stripper.

Issued

May 4, 2017

Abate by

Jun 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 15911730

General-duty citation text

29 CFR 1910.1200(h)(1):  Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets:  On or about February 22, 2017, the employer did not provide Restoration employees  with effective information and training on the hazardous chemicals in their work areas; including but not limited to methylene chloride contained in stripper and lead contained in the paint of antique furniture.

Issued

May 4, 2017

Abate by

Jul 31, 2017

Penalty

Initial $406 · Current $203 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(d)(1):  When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program:    On or about February 22, 2017, the employer had never conducted noise exposure monitoring and did not implement a monitoring program when noise produced by cutting, sanding and processing of wood for antique furniture created sound levels which exceeded 85 dBA.