OSHA Inspection: DASKAL LLC

Issued

Feb 20, 2019

Abate by

Apr 9, 2019

Penalty

Initial $425 · Current $425

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:  a) 201 South Orange Ave., South Orange, NJ 07079  The employer did not provide abatement certification for inspection number 1323004 as indicated below:  1. Citation 1 Item 4a pertaining to 29 CFR 1910.1200(e)(1) which was issued on 09/26/2018.  Abatement for this item was due on 11/15/2018.  2. Citation 1 Item 4b pertaining to 29 CFR 1910.1200(g)(8) which was issued on 09/26/2018.  Abatement for this item was due on 10/17/2018.  3. Citation 1 Item 4c pertaining to 29 CFR 1926.1153(i)(1) which was issued on 09/26/2018.  Abatement for this item was due on 11/15/2018.   Employer received citations on 10/01/2018.  Violations occurred on or about 06/19/2018.

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $5,174 · Current $3,474 Reduced

Hazardous substances 9000

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) 201 South Orange Ave., South Orange, NJ    The employer failed to provide a medical evaluation for employees who wore 3M disposable filtering face piece and 3M half face negative pressure respirators during inside jack hammering of cinderblock wall and inside saw cutting of concrete floors.  On 06/19/2018, employees using portable saws to cut concrete floors were exposed to crystalline respirable silica  at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3.       Condition observed on or about 06/15/2018 and 06/19/2018

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $5,174 · Current $0 Reduced

General-duty citation text

29 CFR 1910.134(f)(2) as referenced by 29 CFR 1926.103: Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    (a) 201 South Orange Ave., S. Orange, NJ     The employer failed to provide initial fit testing for employees who wore tight fitting respirators during inside jack hammering of cinderblock wall and inside saw cutting of concrete floor.  On 06/19/2018, employees using portable saws to cut concrete floors were exposed to crystalline respirable silica  at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3.     Condition observed on or about 06/15/2018 and 06/19/2018

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $5,174 · Current $0 Reduced

General-duty citation text

29 CFR 1910.134(k)(1): 29 CFR 1910.134(k)(1): The employer did not provide effective training that covered the required elements in 1910.134(k)(1)(i) through 1910.134(k)(1)(vii):    (a) 201 South Orange Ave., S. Orange NJ    The employer did not train employees required to wear a 3M respirators on the limitations and capabilities of the provided respirators, how to recognize medical signs and symptoms that may limit the effective  use of respirators and the general requirements of the respirator standard.  On 6/19/18, employees saw cutting a concrete floor were exposed to silica at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3 during saw cutting of concrete floor.        Condition observed on or about 06/19/18

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $5,174 · Current $3,474 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1) as referenced by 29 CFR 1926.59: 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)  201 South Orange Ave., S. Orange, NJ    The employer did not implement a hazard communication program for employees exposed to crystalline silica during inside jack hammering of cinder block wall and saw cutting of concrete floors.        Violation occurred on or about 6/19/2018

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8) as referenced by 29 CFR 1926.59: The employer did not maintain copies of the required safety data sheets for each hazardous chemical in the workplace:    a)  201 South Orange Ave., S. Orange, NJ    The employer did not have a safety data sheet for silica where employees were exposed to crystalline respirable silica during jack hammering of cinder block wall and saw cutting of concrete floors.      Violation occurred on or about 6/19/2018

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (29 CFR 1910.1200):    a)  201 South Orange Ave., S. Orange, NJ  The employer did not include information on respirable crystalline silica in a hazard communication program for employees who performed jack hammering of cinder block wall and saw cutting of concrete floors.      Violation occurred on or about 6/19/2018

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $3,696 · Current $3,474 Reduced

General-duty citation text

29 CFR 1926.1101(k)(8)(vii): After the building owner or employer identified previously installed presumed asbestos containing material (PACM) and/or asbestos containing material (ACM), labels or signs were not affixed or posted so that employees would be notified of what materials contain PACM and/or ACM, and/or the employer did not post signs in lieu of labels, and/or ensure, to the extent feasible, that employees who come in contact with these signs or labels could comprehend them:    a) Boiler room    The employer did not label asbestos containing material, including but not limited to duct vibration collar, prior to permitting employees to work in the area.  HVAC employees cut asbestos containing duct vibration collar and disposed of material in dumpster.      Violation occurred on or about 06/06/18

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $5,174 · Current $3,474 Reduced

Hazardous substances 9000

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)  Basement    On 06/19/2018, employees using portable saws without appropriate engineering controls to cut concrete floors were exposed to crystalline respirable silica  at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3, respectively. The workers were sampled for 215 minutes and 214 minutes with zero exposure assumed for unsampled time.       b) 1st floor - Men's toilet room    Employees using Hilti TE 3000-AVR jack hammer to remove cider block wall did not use a water delivery system or dust collection system to limit employees' exposure to crystalline respirable silica as described in Table 1.      Condition occurred on or about 06/19/18

Issued

Sep 26, 2018

Abate by

Nov 15, 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) 201 South Orange Ave., S. Orange, NJ - basement  On 06/19/2018, employees using portable saws without adequate engineering controls to cut concrete floor were exposed to silica at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3, respectively.  The workers were sampled for 215 minutes and 214 minutes with zero exposure assumed for the unsampled time.    Condition occurred on or about 06/19/18

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(e)(1): Where respiratory protection was required by this section, the employer did not provide each employee an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134:  a) 201 South Orange Ave., South Orange, NJ - basement  The employer did not provide each employee with a full face respirator while saw cutting concrete floor.  On 06/19/2018, employees wore a 3M half face negative pressure respirators with a protection factor of 10 while exposed to silica at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times respectively, the permissible exposure limit (PEL) of 50 ug/m3. The workers were sampled for 215 minutes and 214 minutes with zero exposure assumed for the time not sampled.   Condition occurred on or about 06/19/18

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(e)(2): Where respirator use is required by this section, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134:   a) 201 South Orange Ave., South Orange, NJ - basement  The employer did not implement their respiratory protection program for employees required to wear tight fitting respirators during inside jack hammering and saw cutting of concrete floor.  On 06/19/2018, employees using portable saw cutting concrete floor were exposed to silica at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3.   Condition occurred on or about 06/19/18

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $5,174 · Current $3,474 Reduced

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:    a)  201 South Orange Ave., S. Orange NJ    The employer did not establish and implement a written exposure control plan to protect employees from tasks involving exposure to respirable crystalline silica, including but not limited to, jack hammering of cinderblock wall, saw cutting of concrete floor and housekeeping.  On 06/19/2018, employees using portable saws to cut concrete floor were exposed to silica at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3.     Condition occurred on or about 06/19/18

Issued

Sep 26, 2018

Abate by

Nov 15, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(g)(4): The employer did not designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan:  a)  201 South Orange Ave., S. Orange, NJ  The employer did not designate a competent person to implement a crystalline silica exposure control plan  for employees exposed to respirable silica dust during activities, including but not limited to, jack hammering of cinderblock wall, saw cutting of concrete floor and housekeeping.  On 06/19/2018, employees using portable saws without appropriate engineering controls to cut concrete floors were exposed to crystalline respirable silica  at an 8-hour time-weighted average (TWA) of 1254 micrograms per cubic meter (ug/m3) and 1025 ug/m3, which are 25.1 and 20.5 times the permissible exposure limit (PEL) of 50 ug/m3.   Violation occurred on or about 6/19/2018