OSHA Inspection: VICTORIA CONSULTING & DEVELOPMENT LLC

Issued

Dec 11, 2019

Abate by

Jan 8, 2020

Penalty

Initial $6,630 · Current $6,630

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 6/13/19 at 357 East 57th Street New York, NY 10022 , employees breaking concrete using a Hilti jack hammer and Bosch Hammer were required to wear a 3M N-95 respirator; the employer did not establish and develop 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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Dec 11, 2019

Abate by

Jan 8, 2020

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 6/13/19 at 357 East 57th Street New York, NY 10022 , employees breaking concrete using a Hilti jack hammer and Bosch Hammer were required to wear a 3M N-95 respirator; the employer did not provide employees medical evaluation prior to respirator 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

Dec 11, 2019

Abate by

Jan 8, 2020

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 6/13/19 at 357 East 57th Street New York, NY 10022 , employees breaking concrete using a Hilti jack hammer and Bosch Hammer were required to wear a 3M N-95 respirator; the employer did not fit test employees prior to respirator 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

Dec 11, 2019

Abate by

Jan 8, 2020

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 6/13/19 at 357 East 57th Street New York, NY 10022 , employees breaking concrete using a Hilti jack hammer and Bosch Hammer were required to wear a 3M N-95 respirator; the employer failed to provide employees with 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

Dec 11, 2019

Abate by

Jan 8, 2020

Penalty

Initial $6,630 · Current $6,630

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 failed to 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 6/13/19 at 357 East 57th Street New York, NY 10022 , an employee breaking concrete using a Hilti jack hammer failed to maintain a continuous stream or stray of water at the point of impact to minimize airborne crystalline silica.  b) On or about 6/13/19 at 357 East 57th Street New York, NY 10022 , an employee breaking concrete using a Bosch jack hammer failed to maintain a continuous stream or stray of water at the point of impact to minimize airborne 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

Dec 11, 2019

Abate by

Dec 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:  a) On or about 6/13/19 at 357 East 57th Street New York, NY 10022 , employees breaking concrete in a parking garage using a Hilti jack hammer and Bosch Hammer were exposed to 55.4 micrograms/cubic meter and 35.47 micrograms/cubic meter of respirable crystalline silica without an exposure control plan.  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

Dec 11, 2019

Abate by

Jan 8, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(2)(i): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of at least the information contained in paragraphs (i)(2)(i)(A)-(i)(2)(i)(F) of this standard.  a) On or about 6/13/19 at 357 East 57th Street New York, NY 10022 , employees breaking concrete in a parking garage using a Hilti jack hammer and Bosch Hammer were exposed to 55.4 micrograms/cubic meter and 35.47 micrograms/cubic meter of respirable crystalline silica without ensuring employees could demonstrate knowledge and understanding of silica hazards.    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