OSHA Inspection: EMPIRE PARATRANSIT CORP.

Issued

May 31, 2018

Penalty

Initial $4,157 · Current $2,800 Reduced

Hazardous substances 00402460

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) Empire Paratransit Corporation; employees working in the auto body shop are required to wear respiratory protection when doing spray painting. Employees are exposed to hazardous chemical, such as, but not limited to,  acetone and toluene found in acrylic lacquer primer (High Teck Products). The employer did not established and implemented a respiratory protection program. The condition was noted at or around  01/11/18.        NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.

Issued

May 31, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 00402460

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) Empire Paratransit Corporation; employees working in the auto body shop are required to wear tight fitting half face respirators when doing spray painting. Employees are exposed to hazardous chemical, such as, but not limited to, acetone and toluene found in acrylic lacquer primer (High Teck Products). The employer did not ensure medical clearance before requiring them to wear the respirator. The condition was noted at or around  01/11/18.     NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.

Issued

May 31, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 00402460

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):       (a) Empire Paratransit Corporation; employees working in the auto body shop are required to wear tight fit half face respirator when doing spray painting. Employees are exposed to hazardous chemical, such as, but not limited to, acetone and toluene found in acrylic lacquer primer (High Teck Products). The employer did not provide employees with the mandatory fit testing before requiring them to wear a respirator. The condition was noted at or around  01/11/18.      NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.

Issued

May 31, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 00402460

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to ensure that each employee could demonstrate knowledge of 1910.134(k)(1)(i) - (vii):    (a) Empire Paratransit Corporation; employees working in the auto body shop are required to wear tight fit half face respirator when doing spray painting. Employees are exposed to hazardous chemical, such as, but not limited to, acetone and toluene found in acrylic lacquer primer (High Teck Products). The employer did not provide employees with the mandatory training. The condition was noted at or around  01/11/18.      NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.

Issued

May 31, 2018

Penalty

Initial $4,157 · Current $2,800 Reduced

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:           (a) Empire Paratransit Corporation; throughout the facility employees are exposed to the hazards of chemicals, such as, but not limited to,  acetone and toluene found in acrylic lacquer primer (High Teck Products); Heavy duty lubricant (LPS); that are eye, skin and respiratory irritants. The employer did not establish and implement a written hazard communication program. The condition was noted at or around  01/11/18.        NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.

Issued

May 31, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(5): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged, or marked with the identity and appropriate hazard warnings regarding the chemicals contained therein:    (a) Empire Paratransit Corporation; throughout the facility employees are exposed to the hazards of chemicals, such as, but not limited to,  acetone and toluene found in acrylic lacquer primer (High Teck Products); Heavy duty lubricant (LPS); that are eye, skin and respiratory irritants. The employer did not ensure that all containers (i.e. waste chemicals containers) were properly labeled. The condition was noted at or around  01/11/18.     NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.

Issued

May 31, 2018

Penalty

Initial $0 · Current $0

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) Empire Paratransit Corporation; throughout the facility employees are exposed to the hazards of chemicals, such as, but not limited to,  acetone and toluene found in acrylic lacquer primer (High Teck Products); Heavy duty lubricant (LPS); that are eye, skin and respiratory irritants. The employer did not ensure that all employees were trained on the hazards associated to the chemicals in the workplace.  The condition was noted at or around  01/11/18.     NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.