OSHA Inspection: BAYPORT CONSTRUCTION CORP.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $2,217 · Current $1,000 Reduced

Hazardous substances 9000

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: (Construction Reference 1926.103)    (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers exposed to crystalline silica while mixing concrete and cutting cinder block were required to wear an N95 and North half face respirator and were not provided a written respiratory protection program.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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: (Construction Reference 1926.103)  (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers exposed to crystalline silica while mixing concrete and cutting cinder block were required to wear an N95 and North half face respirator and were not fit tested prior to respirator use.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary: (Construction Reference 1926.103)  (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers required to wear North half-face tight fitting respirators with particulate cartridges and were not provided respirator training.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $2,217 · Current $1,000 Reduced

Hazardous substances 1430

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: (Construction Reference: 1926.59)    (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers spraying concentrated acidic cleaner to mortar were exposed to hazardous chemicals including but not limited to Hydrogen chloride weight % 10-30 without being provided a written hazard communication by the employer.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1430

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift: (Construction Reference: 1926.59)  (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers spraying concentrated acidic cleaner to mortar were exposed to hazardous chemicals including but not limited to Hydrogen chloride weight % 10-30 without being provided access to safety data sheets by the employer.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 1430

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: (Construction Reference: 1926.59)  (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers spraying concentrated acidic cleaner to mortar were exposed to hazardous chemicals including but not limited to Hydrogen chloride weight % 10-30 without being provided effective information and training by the employer.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $2,956 · Current $2,956

Hazardous substances 1430

General-duty citation text

29 CFR 1926.50(g): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:    (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers spraying concentrated acidic cleaner to mortar were exposed to corrosive chemicals including but not limited to Hydrogen chloride weight % 10-30 without suitable facilities for quick drenching or flushing of the eyes.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $2,217 · Current $2,217

Hazardous substances 13712460

General-duty citation text

29 CFR 1926.51(g): Employees were permitted to consume food or beverage in a toilet room or in any area(s) exposed to toxic materials:    (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers on the 5th floor exterior scaffold applying a solvent based mastic containing 15-30% heptane to the building exterior were permitted to consume food on scaffold work area.       NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $2,956 · Current $1,327 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) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, an employee using an MK Brick Saw on the 2nd floor to cut brick was exposed to crystalline silica and not provided an exposure assessment.    (b) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, an employee mixing NYC DOT Concrete Mix on the 1st floor was exposed to crystalline silica and not provided an exposure assessment.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

Penalty

Initial $0 · Current $0

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) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, an employee using an MK Brick Saw on the 2nd floor to cut brick was exposed to crystalline silica and not provided an exposure control plan.  (b) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, an employee mixing NYC DOT Concrete Mix on the 1st floor was exposed to crystalline silica and not provided an exposure control plan.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Nov 29, 2018

Abate by

Dec 26, 2018

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: (Construction Reference 1926.103) Note: The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  (a) On or about 6/1/2018 at Bayport Construction Corp. located at 555 Waverly Ave Brooklyn, NY 11238, workers cutting cinder block were required to wear North half-face tight fitting respirators with particulate cartridges and not provided a medical evaluation.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.