OSHA Inspection: L&M BUILDERS GROUP LLC

Issued

Feb 27, 2018

Abate by

Mar 22, 2018

Penalty

Initial $7,853 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(c)(1): The employer did not fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task(s) on Table 1, when the employer had not assessed the exposure of employees to crystalline who were engaged in tasks identified on Table 1:  a) 1520 Story Avenue, Bronx, NY - Various Floors:  An employee drilling cement that had dripped down through overhead planking and hardened on concrete flooring below used a pneumatic hammer drill to remove the excess cement and the employer did not fully and properly implement engineering controls and work practices for the employee engaged in the task; on or about 10/26/17.  b) 1520 Story Avenue, Bronx, NY- Various Floors:  CTR Cleaning Inc. laborers were assigned and directed by L & M Builders Group, LLC to perform removal of cement that had dripped down through overhead planking and hardened on concrete flooring below using a pneumatic hammer drill to remove the excess cement and L & M Builders Group, LLC did not fully and properly implement engineering controls and work practices for the employee engaged in the task; on or about 10/18/17.

Issued

Feb 27, 2018

Abate by

Mar 22, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(1): The employer did not ensure that employees were not exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA:  a) 1520 Story Avenue, Bronx, NY - 7th Floor:  An employee drilling cement that had dripped down through overhead planking and hardened on concrete flooring below used a pneumatic hammer drill to remove the excess cement was exposed to 62.28 micrograms of respirable crystalline silica per cubic meter which was 1.25 times above the OSHA 8-Hour Time Weighted Average Permissible Exposure Limit of 50 ug/m3 (micrograms per cubic meter of air).  The sampling time was for 310 minutes and zero exposure was assumed for the unsampled period of time of 170 minutes.  The employer did not ensure that employees were not exposed to airborne concentration of respirable crystalline silica in excess of 50 ug/m3 calculated as an 8-hour TWA; on or about 10/26/17.

Issued

Feb 27, 2018

Abate by

Mar 22, 2018

Penalty

Initial $7,853 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  a) 1520 Story Avenue, Bronx, NY - Various Floors:  An employee drilling cement that had dripped down through overhead planking and hardened on concrete flooring below used a pneumatic hammer drill to remove the excess cement and the employer did not assess the exposure of each employee who was exposed to respirable crystalline silica at or above the action level in accordance with the standard; on or about 10/26/17.  b) 1520 Story Avenue, Bronx, NY - Various Floors:  CTR Cleaning Inc. laborers were assigned and directed by L & M Builders Group, LLC to perform removal of cement that had dripped down through overhead planking and hardened on concrete flooring below using a pneumatic hammer drill to remove the excess cement and L & M Builders Group, LLC did not assess the exposure of each employee who was exposed to respirable crystalline silica at or above the action level in accordance with the standard; on or about 10/18/17.

Issued

Feb 27, 2018

Abate by

Mar 22, 2018

Penalty

Initial $7,853 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(f)(1): The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods were feasible:  a) 1520 Story Avenue, Bronx, NY - 7th Floor:  On or about 10/18/17, a CTR Cleaning Inc. employee was allowed to dry sweep concrete dust created as a result of the use of a pneumatic hammer drill to remove the excess cement which had dripped down through overhead planking and hardened on concrete flooring below.    b) 1520 Story Avenue, Bronx, NY - 7th Floors:   On or about 10/26/17, a CTR Cleaning Inc. employee and an L & M Builders Group LLC laborer were allowed to dry sweep concrete dust created as a result of the use by another employee of used of a pneumatic hammer drill to remove the excess cement which had dripped down through overhead planking and hardened on concrete flooring below.

Issued

Feb 27, 2018

Abate by

Mar 22, 2018

Penalty

Initial $7,853 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) 1520 Story Avenue, Bronx, NY:  An employee drilling cement that had dripped down through overhead planking and hardened on concrete flooring below used a pneumatic hammer drill to remove the excess cement and the employer did not implement a written exposure control plan; on or about 10/26/17.  b) 1520 Story Avenue, Bronx, NY:  CTR Cleaning Inc. laborers were assigned and directed by L & M Builders Group, LLC to perform removal of cement that had dripped down through overhead planking and hardened on concrete flooring below using a pneumatic hammer drill to remove the excess cement and L & M Builders Group, LLC did not implement a written exposure control plan; on or about 10/18/17.

Issued

Feb 27, 2018

Abate by

Mar 22, 2018

Penalty

Initial $7,853 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(h)(2)(iii): The medical exam did not contain a chest X-ray (a single post anterior radiographic projection or radiograph of the chest at full inspiration recorded on either film (no less than 14 x 17 inches and no more than 16 x 17 inches) or digital radiography systems), interpreted and classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconioses by a NIOSH-certified B Reader:  a) 1520 Story Avenue, Bronx, NY - Various Floors:  An employee that was assigned to breakup cement that had dripped down through overhead planking and hardened on concrete floors below using a pneumatic hammer drill was required to wear a half-face air purifying respirator with P100 filters and the employer did ensure that that employee's medical exam included a chest X-ray as required by the standard; on or about 10/26/17.

Issued

Feb 27, 2018

Abate by

Mar 19, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.51(f)(3)(iii): Hand soap or similar cleansing agents was not provided for each lavatory:  a)  1520 Story Avenue, Bronx, NY:   Each lavatory was not provided with hand soap or similar cleansing agents; on or about 12/19/17.

Issued

Feb 27, 2018

Abate by

Mar 19, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.51(f)(3)(iv): Individual hand towels or sections thereof, of cloth or paper, air blowers or clean individual sections of continuous cloth toweling, convenient to the lavatories, shall be provided.  a)  1520 Story Avenue, Bronx, NY:  Individual hand towels or equivalent were not provided for employees after using the lavatories; on or about 12/19/17.