OSHA Inspection: EMPIRE CABINET & MARBLE INC.

Issued

Nov 26, 2019

Abate by

Dec 23, 2019

Penalty

Initial $2,273 · Current $2,200 Reduced

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:    a) On or about 6/4/19 Empire Cabinet & Marble Inc. located at 157-163 2nd Avenue in Brooklyn, NY 11215, employees using paints, sealers, and hardeners on projects were required to wear 3M tight-fitting half-face respirators were exposed to hazardous chemicals including but not limited to Xylene 38.5 % wt. without a 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

Nov 26, 2019

Abate by

Dec 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 2590

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  a) On or about 6/4/19 Empire Cabinet & Marble Inc. located at 157 2nd Avenue in Brooklyn, NY 11215, an employee pouring and spraying paints, sealers, and hardeners on projects was exposed to hazardous chemicals including but not limited to Xylene 38.5 % wt. without an evaluation of the respiratory hazards in the workplace.  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

Nov 26, 2019

Abate by

Dec 23, 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:  a) On or about 6/4/19 Empire Cabinet & Marble Inc. located at 157-163 2nd Avenue in Brooklyn, NY 11215, employees using paints, sealers, and hardeners on projects were required to wear 3M tight-fitting half-face respirators were exposed to hazardous chemicals including but not limited to Xylene 38.5 % wt. without a medical evaluation prior to use.  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

Nov 26, 2019

Abate by

Dec 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 2590

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:  a) On or about 6/4/19 Empire Cabinet & Marble Inc. located at 157-163 2nd Avenue in Brooklyn, NY 11215, employees using paints, sealers, and hardeners on projects were required to wear 3M tight-fitting half-face respirators were exposed to hazardous chemicals including but not limited to Xylene 38.5 % wt. without fit testing.  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

Nov 26, 2019

Abate by

Dec 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 2590

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:  a) On or about 6/4/19 Empire Cabinet & Marble Inc. located at 157-163 2nd Avenue in Brooklyn, NY 11215, employees using paints, sealers, and hardeners on projects were required to wear 3M tight-fitting half-face respirators were exposed to hazardous chemicals including but not limited to Xylene 38.5 % wt. without 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

Nov 26, 2019

Abate by

Dec 23, 2019

Penalty

Initial $2,273 · Current $0 Reduced

Hazardous substances 04401080153424602470

General-duty citation text

29 CFR 1910.141(g)(2): Employees were permitted to consume food or beverages in a toilet room or in any area exposed to a toxic material:    a) On or about 6/4/19 Empire Cabinet & Marble Inc. located at 157 2nd Avenue in Brooklyn, NY 11215, employees using paints, sealers, and hardeners on projects were permitted to consume beverages in the paint booth area where hazardous chemicals including but not limited to Xylene 38.5 % wt. were used.    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

Nov 26, 2019

Abate by

Dec 9, 2019

Penalty

Initial $3,789 · Current $2,252 Reduced

Hazardous substances 2085

General-duty citation text

29 CFR 1910.151(c): 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 6/4/19 Empire Cabinet & Marble Inc. located at 157 2nd Avenue in Brooklyn, NY 11215, an employee pouring and spraying paints, sealers, and hardeners was exposed to corrosives including but not limited to Phosphoric acid 2 % wt. without suitable facilities for quick drenching or flushing of the eyes and body.     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

Nov 26, 2019

Abate by

Dec 23, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.141(d)(1): Washing facilities were not maintained in a sanitary condition:  a) On or about 6/4/19 Empire Cabinet & Marble Inc. located at 157 2nd Avenue in Brooklyn, NY 11215, employees working in the stone polishing and cutting area were exposed to washing facilities which were not maintained in sanitary condition.  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