OSHA Inspection: ONYX RESTORATION WORKS, LTD.

Issued

Mar 1, 2019

Penalty

Initial $5,304 · Current $3,875 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(d)(3)(i)(A): The employer did not select a respirator that meets or exceeds the required level of employee protection:    In alternative    29 CFR 1910.1052(g)(3)(i): The employer did not select and provide to employees, the appropriate atmosphere-supplying respirator specified in 29 CFR 1910.134(d)(3)(i)(A) and selected or used half masks:      a) Onyx Restoration Ltd. d.b.a. Alliance Restoration. Employees working at 215 Park Ave. South New York, NY 10003, were exposed to the hazards of Methylene Chloride (MC) contained in Zip-Guard Premium Paint & Finish Remover. The employees were provided and required to wear half face tight fitting respirators with air filtering cartridges. The half face respirators do not protect the employees from eye irritation or damage. The condition was noted on or about September 11, 2018.      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

Mar 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1730

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: As referenced in 1910.1052(g)(2)    a) Onyx Restoration Ltd. d.b.a. Alliance Restoration. Employees working at 215 Park Ave. South New York, NY 10003, were exposed to the hazards of Methylene Chloride (MC) contained in Zip-Guard Premium Paint & Finish Remover. The employees were provided and required to wear half face tight fitting respirators with air filtering cartridges. The employer did not ensure the employees had a medical evaluation before fit testing or when required to use the respirator. The condition was noted at or around September 11, 2018.   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

Mar 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting face piece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  As referenced in 1910.1052(g)(2)    a) Onyx Restoration Ltd. d.b.a. Alliance Restoration. Employees working at 215 Park Ave. South New York, NY 10003, were exposed to the hazards of Methylene Chloride (MC) contained in Zip-Guard Premium Paint & Finish Remover. The employees were provided and required to wear half face tight fitting respirators with air filtering cartridges. The employer did not ensure the employees required to wear the respirator passed a respirator fit test before using the respirator. The condition was noted at or around September 11, 2018.    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

Mar 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to employees who were required to use respirators:  As referenced in 1910.1052(g)(2)    a) Onyx Restoration Ltd. d.b.a. Alliance Restoration. Employees working at 215 Park Ave. South New York, NY 10003, were exposed to the hazards of Methylene Chloride (MC) contained in Zip-Guard Premium Paint & Finish Remover. The employees were provided and required to wear half face tight fitting respirators with air filtering cartridges. The employer did not ensure the employees received training and information required to wear the respirator  before issuing and requiring to wear the respirators. The condition was noted at or around September 6, 2018.    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

Mar 1, 2019

Penalty

Initial $5,304 · Current $3,875 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(2)(iii): Where employees are exposed to MC on fewer than 30 days per year (e.g., on a construction site), the employer did not have measurements by direct-reading instruments which give immediate results (such as a detector tube) and which provide sufficient information regarding employee exposures to determine what control measures are necessary to reduce exposures to acceptable levels.        a) Onyx Restoration Ltd. d.b.a. Alliance Restoration. Employees working at 215 Park Ave. South New York, NY 10003, were exposed to the hazards of Methylene Chloride (MC) contained in Zip-Guard Premium Paint & Finish Remover. The employer did not performed exposure monitoring.  The condition was noted at or about  September 11, 2018.       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

Mar 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(i)(2): It was reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater methylene chloride and the employer did not provide appropriate eyewash facilities within the immediate work area for emergency use:    a) Onyx Restoration Ltd. d.b.a. Alliance Restoration. Employees working at 215 Park Ave. South New York, NY 10003, were exposed to the hazards of Methylene Chloride (MC) contained in Zip-Guard Premium Paint & Finish Remover. The employer did not ensure to have an eyewash facility within the immediate work area. The condition was noted on or about September 11, 2018.    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

Mar 1, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(l)(3)(i): The employer did not inform each affected employee of the requirements of 29 CFR 1910.1052 and the information available in its appendices and/or how to access or obtain a copy of it in the workplace:   a) Onyx Restoration Ltd. d.b.a. Alliance Restoration. Employees working at 215 Park Ave. South New York, NY 10003, were exposed to the hazards of Methylene Chloride (MC) contained in Zip-Guard Premium Paint & Finish Remover. The employer did not include information on MC in their Hazard Communication Program and training. The condition was noted at or about  September 11, 2018.    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.