OSHA Inspection: ATMOSPHERE BUILDING SOLUTIONS BY SERGIO A. ORTIZ INC.

Issued

Mar 25, 2020

Abate by

Apr 20, 2020

Penalty

Initial $2,313 · Current $2,313

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: 1926.59)   a)Worksite: Employees were exposed to hazardous chemicals such as but not limited to, silica sand (50lbs bags), DOWSIL ALLGUARD 1200 OS Primer Red (containing, Octamethyltrisiloxana a category 3 flammable liquid), and DOWSIL ALLGUARD Silicone Elastomeric Coating Deep Tint Base (contains, limestone or calcium carbonate a skin sensitizer) while working to waterproof the surface of a newly constructed cement roof. The employer had not develop a hazard communication program; on or about 1/10/2020.  ABATEMENT NOTE:    The written Hazard Communication Program must include descriptions of how the following program elements, required by this regulation, will be developed, implemented, and conveyed to the employer's employee(s) who are exposed to hazardous materials:          a.   Labeling and other forms or warning:            Labels shall include at least the identity of the hazardous            chemical(s), the appropriate hazard warnings, the target organs,            and the name and address of the chemical manufacturer, importer or other responsible party;          b.   A list or inventory of all hazardous materials known to be present in the            workplace must be compiled and be maintained as part of the employer's            written Hazard Communication Program;          c.   Safety Data Sheets (SDSs) for all materials used by            employee(s) in the workplace must be maintained and readily available            all employee(s) on all shifts.          d.   The employer's Hazardous Materials Information and Training Program             must be based upon the employer's written Hazard Communication                           Program.  The training for employee(s) must include at least:             Methods and observation that may be used to detect the presence             or release of hazardous chemicals in the work area.                          The physical and health hazards of the chemicals in the work area.               The measures employee(s) can take to protect themselves, such as,            specific procedures, appropriate work practices, emergency            procedures, and personal protective equipment to be used.            The details of the employer's Hazard Communication Program            including an explanation of the labeling systems used,             Safety Data Sheets and how employees can obtain and use the            appropriate hazard information;          e.   Methods used to inform employees of the hazards associated with non            routine tasks must also be addressed in the employer's written program;            and          f.   The employer's written Hazard Communication Program must be            made available upon request.          For Multi Employer Work places, the employer's Written Hazard Communication       Program must also specifically address how:          a.   Safety Data Sheets for each hazardous material on the job            site will be provided to other employers in the event the other            employer's employee(s) may be exposed to these materials.          b.   The methods the employer will use to inform other employer(s) of            any precautionary measures that need to be taken to protect            employee(s) during normal operating conditions and in foreseeable            emergencies.          c.   The methods the employer will use to inform the other employer(s)            of the labeling system used in the workplace.

Issued

Mar 25, 2020

Abate by

Apr 20, 2020

Penalty

Initial $0 · Current $0

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    a. Worksite: Employees working with hazardous chemicals such as but not limited to, silica sand (50lbs bag), DOWSIL ALLGUARD 1200 OS Primer Red (containing, Octamethyltrisiloxana a category 3 flammable liquid), and DOWSIL ALLGUARD Silicone Elastomeric Coating Deep Tint Base (contains, limestone or calcium carbonate a skin sensitizer) while waterproofing the surface of a roof. Safety data sheets were not made available; on or about 1/10/2020.     Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Mar 25, 2020

Abate by

Apr 20, 2020

Penalty

Initial $0 · Current $0

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: (Construction Reference: 1926.59)    a) Worksite: Employees were exposed to hazardous chemicals such as but not limited to, Silica Sand (50lbs bag), DOWSIL ALLGUARD 1200 OS Primer Red (containing, Octamethyltrisiloxana a category 3 flammable liquid), and DOWSIL ALLGUARD Silicone Elastomeric Coating Deep Tint Base (contains, limestone or calcium carbonate a skin sensitizer) while working to waterproof the surface of a roof for a new construction project (Marriott Hotel 7-story high-rise). A training program for hazard communication was not in place; on or about 1/10/2020.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Mar 25, 2020

Abate by

Apr 20, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible: (Construction Reference 1926.103)    a)Worksite: Employees were exposed inhalation hazards while wearing a filtering face-piece respirator such as an N95 mask. Employees were using chemicals such as but not limited to, , silica sand (50lbs bag), DOWSIL ALLGUARD 1200 OS Primer Red (containing, Octamethyltrisiloxana a category 3 flammable liquid), and DOWSIL ALLGUARD Silicone Elastomeric Coating Deep Tint Base (contains, limestone or calcium carbonate a skin sensitizer) in order to waterproof the surface of a roof. Appendix D from OSHA's 29 CFR 1910.134 was not provided to the employees.