OSHA Inspection: BEDNARK STUDIO, INC.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $5,205 · Current $3,123 Reduced

Hazardous substances 00402270

General-duty citation text

29 CFR 1910.107(b)(5)(i): The average air speed over the open face of the paint spray booth was less than 100 linear feet per minute.    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees were performing spray-finishing operations using flammable products including but not limited to paint thinners, primers, laminates, and stains in a spray booth which had an average air speed over the open face of ~15 linear feet per minute on the low scale.     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 00402270

General-duty citation text

29 CFR 1910.107(g)(2): All spraying areas were not kept as free from the accumulation of deposits of combustible residues as practical, with cleaning conducted daily if necessary:    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees were performing spray-finishing operations using flammable products including but not limited to paint thinners, primers, laminates, and stains in a spray booth which had an accumulation of paint residue due to overspray.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $6,940 · Current $4,164 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 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees welding in the metal fabrication area were required to wear 3M half face tight fitting respirators and were not provided with a written respiratory protection program.    (b)  On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were required to wear a 3M half face tight fitting respirator and were not provided with a written respiratory protection program.    (c) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the wood fabrication area were required to wear a 3M half face tight fitting respirator or N-95 respirator and were not provided with a written respiratory protection program.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1073

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 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were exposed to hazardous chemicals including but not limited to a urethane hardener containing 70-80% 4,4-methylene diphenyl diisocyanate without evaluating employee respiratory exposure.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

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 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees welding in the metal fabrication area were required to wear 3M half face tight fitting respirators and were not medically evaluated by the employer prior to respirator use.    (b)  On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were required to wear a 3M half face tight fitting respirator and were not medically evaluated by the employer prior to respirator use.    (c) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the wood fabrication area were required to wear a 3M half face tight fitting respirator or N-95 respirator and were not medically evaluated by the employer prior to respirator use.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

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 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees welding in the metal fabrication area were required to wear 3M half face tight fitting respirators and were not fit tested prior to initial use of the respirator.    (b)  On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were required to wear a 3M half face tight fitting respirator and were not fit tested prior to initial use of the respirator.    (c) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the wood fabrication area were required to wear a 3M half face tight fitting respirator or N-95 respirator and were not fit tested prior to initial use of the respirator.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

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:    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees welding in the metal fabrication area were required to wear 3M half face tight fitting respirators and were not provided comprehensive respirator training by the employer.    (b)  On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were required to wear a 3M half face tight fitting respirator and were not provided comprehensive respirator training by the employer.    (c) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the wood fabrication area were required to wear a 3M half face tight fitting respirator or N-95 respirator and were not provided comprehensive respirator training by the employer.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 15201620

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the metal working area were welding and exposed to hazardous chemicals including but not limited to manganese and iron oxide fumes, while wearing a 3M half-face tight fitting respirator with facial hair.     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $6,940 · Current $4,164 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(2): The employer did not perform initial monitoring to determine each employee's exposure to methylene chloride:    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees were spraying a high pressure laminate and veneer contact adhesive containing 40-70 % by wt. methylene chloride without the employer performing initial monitoring to determine employee exposure.     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jun 16, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

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) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees were spraying a high pressure laminate and veneer contact adhesive containing 40-70 % by wt. methylene chloride without the appropriate atmosphere-supplying respirator specified in 29 CFR 1910.134(d)(3)(i)(A).  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jun 16, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(h)(1): Where needed to prevent methylene chloride induced skin or eye irritation, the employer did not provide clean protective clothing and equipment resistant to methylene chloride, at no cost to the employee, and/or did not ensure that each affected employee used it:  (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees were spraying a high pressure laminate and veneer contact adhesive containing 40-70 % by wt. methylene chloride without clean protective clothing and equipment resistant to methylene chloride provided by the employer.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $6,940 · Current $4,164 Reduced

Hazardous substances 004010731730

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees welding in the metal fabrication area were exposed to hazardous chemicals including but not limited to iron oxide, manganese, and methylene chloride without being provided a written hazard communication program.    (b)  On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were exposed to hazardous chemicals including but not limited to 70-80% 4,4-methylenediphenyl diisocyanate without being provided a written hazard communication program.    (c) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the fabrication department were exposed to hazardous chemicals including but not limited 85 -95% by wt. methylene chloride and 40-70 % by wt. methylene chloride without being provided a written hazard communication program.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 00401730

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s)    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees welding in the metal fabrication area were exposed to hazardous chemicals including but not limited to iron oxide, manganese, and methylene chloride without being provided access to safety data sheets.    (b)  On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were exposed to hazardous chemicals including but not limited to 70-80% 4,4-methylenediphenyl diisocyanate without being provided without being provided access to safety data sheets.    (c) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the fabrication department were exposed to hazardous chemicals including but not limited 85 -95% by wt. methylene chloride and 40-70 % by wt. methylene chloride without being provided access to safety data sheets.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 10731730

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees welding in the metal fabrication area were exposed to hazardous chemicals including but not limited to iron oxide, manganese, and methylene chloride without being provided effective information and training.    (b)  On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the spray finishing area were exposed to hazardous chemicals including but not limited to 70-80% 4,4-methylenediphenyl diisocyanate without being provided effective information and training.    (c) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 employees in the fabrication department were exposed to hazardous chemicals including but not limited 85 -95% by wt. methylene chloride and 40-70 % by wt. methylene chloride without being provided effective information and training.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Jun 4, 2020

Abate by

Jul 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 152016201730

General-duty citation text

29 CFR 1910.141(g)(2): Eating and drinking areas. No employee shall be allowed to consume food or beverages in a toilet room nor in any area exposed to a toxic material.    (a) On or about 12/17/19 at 63 Flushing Ave Building #28 - Brooklyn Navy Yard 11237 Employees in the metal work were permitted to consume food on the tables where hazardous chemicals including but not limited to 90% by wt. methylene chloride.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.