OSHA Inspection: ALLSTATE O.R.C., INC.

Issued

2018-03-27 00:00:00

Penalty

Initial $3696.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR 1926.152(i)(6): In locations where flammable vapors may be present, precautions were not taken to prevent ignition by eliminating or controlling sources of ignition which may include open flames, lightning, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, and mechanical), spontaneous ignition, chemical and physical-chemical reactions, and radiant heat:    a)    Worksite, 223 Mallory Ave, Jersey City, NJ    Employees used a reciprocating electric saw to cut an access hole into an underground steel tank containing residual fuel oil and sludge.  During such operations sparks and heat produced by the cutting blade could ignite flammable vapors resulting in fire and/or explosion.     Violation occurred on or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $3696.00 · Current $2500.00 Reduced

Hazardous substances 9010

General-duty citation text

29 CFR 1926.1153(c)(1):  For each employee engaged in a task identified on Table 1, the employer did not  fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task on Table 1, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section:    a) Worksite, 223 Mallory Ave, Jersey City, NJ    Employees saw cut approximately 60 ft2 of concrete sidewalk with a masonry saw and jackhammer which were used without any engineering controls such as water or vacuum shrouds.  In addition, the employer did not assess the exposure of employees exposed to crystalline silica during such work activities.       Violation occurred on or about  2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9010

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) Worksite, 223 Mallory Ave, Jersey City, NJ  The employer did not assess employee exposure to respirable crystalline silica during saw cutting and jack hammering approximately 60 ft2 of concrete sidewalk without any engineering controls such as water or vacuum shrouds.  Violation occurred on or about 2-20-18  Abatement Note:  The employer is required to establish and implement a written exposure control plan for employees exposed to respirable crystalline quartz silica.

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $3696.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR 1926.1203(b)(1):  The employer did not inform exposed employees by posting danger signs or by any other equally effective means, of the existence and location of, and the danger posed by, each permit space:    a) Worksite, 223 Mallory Ave, Jersey City, NJ    The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank, a permit required confined space, to clean out sludge before removing the tank.  The employer did not inform the exposed employee who entered the tank through a 3.5 ft x 3 ft hole of the danger posed by the permit required confined space through signage or equivalent means.     Violation occurred on or about 2-20-18    Abatement Note:    A sign reading "DANGER -- PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER" or using other similar language would satisfy the requirement for a sign.

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1203(d): Employers directing employees to enter a permit space did not have a written permit space program that complies with 29 CFR 1926.1204 implemented at the construction site and made available prior to and during entry operations for inspection by employees and their authorized representatives:  a) Worksite, 223 Mallory Ave, Jersey City, NJ  The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank,  a permit required confined space, to clean out sludge before removing the tank.  The employer failed to maintain a written permit space program at the work site that complied with 29 CFR 1926.1204 requirements.   Violation occurred on or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1204(i):  Prior to entry operations, the employer did not develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue), for rescuing entrants from permit spaces, or for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:  a) Worksite, 223 Mallory Ave, Jersey City, NJ   The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank, a permit required confined space, to clean out sludge before removing the tank.  Prior to entry operations, the employer did not develop and implement procedures for rescue and emergency services to respond to an emergency with the employee who entered the tank.   Violation occurred on or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $3696.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR 1926.1204(h): Prior to entry operations, the employer did not designate each person who is to have an active role (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by 29 CFR 1926.1207:      a) Worksite, 223 Mallory Ave, Jersey City, NJ    The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank, a permit required confined space, to clean out sludge before removing the tank.  The employer did not designate each person's active role, such as the entrant, the attendant, the entry supervisor, nor the employee designated and trained to monitor the atmosphere in the permit space prior to entry.      Violation occurred on or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1207(a): The employer did not provide training to each employee whose work is regulated by this standard, at no cost to the employee, and ensure that the employee possesses the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this standard:  a) Worksite, 223 Mallory Ave, Jersey City, NJ  The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank, a permit required confined space, to clean out sludge before removing the tank.  The employer did not provide training to the employees specific to the Confined Spaces in Construction Standard, to include isolation of the permit space, physical hazards within the space, specific duties of entrants, attendants and entry supervisors, and rescue requirements.   Violation occurred on or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $3696.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR 1926.1205(a):  Before the employer authorized entry into a permit required confined space, the employer did not document the completion of measures required by 29 CFR 1926.1204(c) by preparing an entry permit:    a) Worksite, 223 Mallory Ave, Jersey City, NJ    The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank, a permit required confined space, to clean out sludge before removing the tank.  Prior to sending an employee into the tank, the employer did not complete an entry permit to include conducting air monitoring for oxygen deficiency, toxic and explosive gases or documenting other hazards posed by the permit space.      Violation occurred on or about  2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1204(c)(3): The entry employer did not isolate the permit space and physical hazard(s) within the space;  a) Worksite, 223 Mallory Ave, Jersey City, NJ  The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank, a permit required confined space, to clean out sludge before removing the tank.  The employer did not isolate the permit space and physical hazards within the space, such as confirming that the space did not have an explosive atmosphere.      Violation occurred on or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $3696.00 · Current $2500.00 Reduced

General-duty citation text

29 CFR 1926.1211(c)(1): (1) Each authorized entrant did not use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, above the entrant's head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant:     a) Worksite, 223 Mallory Ave, Jersey City, NJ      The employer directed an employee to enter a 4 ft diameter 11 ft long underground fuel oil tank, a permit required confined space, to clean out sludge before removing the tank.  The employer did not provide the entrant with a chest or full body harness or equivalent appropriate rescue device for successful removal in the event of an emergency rescue.      Violation occurred on or about 2-20-18    Abatement Note:    Wristlets or anklets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets or anklets is the safest and most effective alternative.

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $3696.00 · Current $1404.00 Reduced

General-duty citation text

29 CFR 1910.134(c)(1) as referenced by 29 CFR 1926.103: 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) Worksite, 223 Mallory Ave, Jersey City, NJ    The  employer did not develop or implement a written respiratory protection program for employees required to wear N-95 filtering facepiece respirators while saw cutting and jackhammering approximately 60 ft2 of concrete sidewalk.      Violation occurred or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(1) as referenced by 29 CFR 1926.103: 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) Worksite, 223 Mallory Ave, Jersey City, NJ  The  employer did not provide  a fit test for an employee required to wear an N-95 filtering facepiece respirator while saw cutting approximately 60 ft2 of a concrete sidewalk.  Violation occurred or about 2-20-18

Issued

2018-03-27 00:00:00

Abate by

2018-04-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(e)(1) as referenced by 29 CFR 1926.103:  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) Worksite, 223 Mallory Ave, Jersey City, NJ  The employer did not provide a medical evaluation for employees required to wear N-95 filtering face piece respirators while saw cutting and jackhammering approximately 60 ft2 of concrete sidewalk.  Violation occurred or about 2-20-18