OSHA Inspection: BENCHMARK CONTRACTING INC.

Issued

Oct 4, 2019

Abate by

Oct 15, 2019

Penalty

Initial $9,282 · Current $9,282

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 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, employees using grinders and rotary hammers to remove and smooth concrete on the 3rd and 7th floor stairways were required to use a North half-face tight-fitting respirator or Pyramex filtering facepiece without a written respiratory protection program.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19

Issued

Oct 4, 2019

Abate by

Oct 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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)  a) On or about 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, employees using grinders and rotary hammers to remove and smooth concrete on the 3rd and 7th floor stairways were required to use a North half-face tight-fitting respirator or Pyramex filtering facepiece without being provided medical evaluation.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19

Issued

Oct 4, 2019

Abate by

Oct 15, 2019

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 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, employees using grinders and rotary hammers to remove and smooth concrete on the 3rd and 7th floor stairways were required to use a North half-face tight-fitting respirator or Pyramex filtering facepiece without being fit-tested by the employer.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19

Issued

Oct 4, 2019

Abate by

Oct 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(h)(4)(ii): Repairs were not made in accordance with the manufacturer's recommendations and specifications for the type and extent of repairs to be performed:  (Construction Reference 1926.103)  a) On or about 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, an employee wearing a damaged North half-face tight fitting respirator using a Bosch grinder on 7th floor to smooth a concrete wall was exposed to 150 micrograms/m3 of respirable crystalline silica without a repaired respirator.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19

Issued

Oct 4, 2019

Abate by

Oct 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, employees using grinders and rotary hammers to remove and smooth concrete on the 3rd and 7th floor stairways were required to use a North half-face tight-fitting respirator or Pyramex filtering facepiece without being provided respirator training.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19

Issued

Oct 4, 2019

Abate by

Oct 10, 2019

Penalty

Initial $9,282 · Current $9,282

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(c)(1): Specified exposure control methods. For each employee engaged in a task identified on Table 1, the employer shall 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) On or about 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, a carpenter on the 7th floor using a Bosch grinder and Bosch rotary hammer to smooth a concrete wall failed to follow the engineering and work practice control methods in table 1 to minimize airborne crystalline silica dust.  b) On or about 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, a carpenter on the 3rd floor using a Dewalt grinder and Hilti rotary hammer to smooth a concrete wall failed to follow the engineering and work practice control methods in table 1 to minimize airborne crystalline silica dust.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19

Issued

Oct 4, 2019

Abate by

Oct 10, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(g)(1)(i): The exposure control plan did not contain a description of the tasks in the workplace that involve exposure to respirable crystalline silica:  a) On or about 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, carpenters on the 7th and 3rd floors using grinders and rotary hammers to smooth a concrete wall were not provided an exposure control program with a description of tasks in the workplace that involve exposure to respirable crystalline silica.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19

Issued

Oct 4, 2019

Abate by

Oct 10, 2019

Penalty

Initial $3,978 · Current $3,978

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(f)(1): The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods were feasible:  a) On or about 4/9/19 Benchmark Contracting Inc. located at 304 Mulberry Street New York, NY 10012, an employee was allowed to dry sweep within the 7th floor stairway in an area where crystalline silica dust was present on the floor.   NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM, FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1,000 AS PER 29 CFR 1903.19