OSHA Inspection: PETER MICHAEL REALTY INC.

Issued

May 29, 2019

Abate by

Jun 26, 2019

Penalty

Initial $5,304 · Current $3,000 Reduced

General-duty citation text

29 CFR 1926.453(b)(2)(v): A body belt shall be worn and a lanyard attached to the boom or basket when working from an aerial lift.  Note to paragraph (b)(2)(v): As of January 1, 1998, subpart M of this part (1926.502(d)) provides that body belts are not acceptable as part of a personal fall arrest system. The use of a body belt in a tethering system or in a restraint system is acceptable and is regulated under 1926.502(e).      On or about May 4, 2019, employees engaged in painting operations while working in extendable boom aerial lifts up to approximately 30 feet above grade were exposed to fall hazards.  Fall protection was not being utilized.       Abatement documentation is required for this item in accordance with 29 CFR 1903(d).

Issued

May 29, 2019

Abate by

Jul 18, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user: (Construction Reference 1926.103)  On or about April 1, 2019, the employer did not develop and maintain a written respirator program covering the necessary elements for voluntary tight-fitting half-mask respirator use by employees.   Abatement certification required for this item in accordance with 29 CFR 1903(c).

Issued

May 29, 2019

Abate by

Jul 18, 2019

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)(a)   On or about April 1, 2019, prior to allowing an employee to use a tight-fitting half-mask respirator, the employer did not provide a medical evaluation to determine the employee's ability to use a respirator.   Abatement certification required for this item in accordance with 29 CFR 1903(c).

Issued

May 29, 2019

Abate by

Jul 18, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:  (Construction Reference 1926.103)  On or about April 1, 2019, the employer did not provide the information contained in Appendix D of 29 CFR 1019.134 to an employee that uses a tight-fitting half-mask respirator on a voluntary basis during painting operations.    Abatement certification required for this item in accordance with 29 CFR 1903(c).

Issued

May 29, 2019

Abate by

Jul 18, 2019

Penalty

Initial $0 · Current $0

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: 29 CFR 1926.59)  On or about May 4, 2019, the employer did not develop and maintain a written hazard communication program.  An employee was required to work with chemicals such as, but not limited to, Bond-Plex B71 T204 Water-based Acrylic Coating while painting the building.     Abatement certification is required for this item in accordance with 29 CFR 1903(c).

Issued

May 29, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.404(b)(1)(ii): Ground-fault circuit interrupters. All 120-volt, single-phase 15- and 20-ampere receptacle outlets on construction sites, which are not a part of the permanent wiring of the building or structure and which are in use by employees, shall have approved ground-fault circuit interrupters for personnel protection. Receptacles on a two-wire, single-phase portable or vehicle-mounted generator rated not more than 5kW, where the circuit conductors of the generator are insulated from the generator frame and all other grounded surfaces, need not be protected with ground-fault circuit interrupters.  On or about May 4, 2019, an employee using a electric paint sprayer powered by multiple extension cord sets was exposed to electrical hazards.  The extension cord was not powered by a receptacle outlet protected by a ground-fault circuit interrupter.  No abatement certification or documentation is required for this item.