OSHA Inspection: DEMARI SERVICES INC.

Issued

Feb 18, 2021

Abate by

Mar 16, 2021

Penalty

Initial $6,827 · Current $6,000 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: (Construction Reference 1926.103)  a) On or about 9/2/20 at 151 E 83rd Street New York, NY 10028, employees using a chipping tool and grinder on the building exterior from a suspended scaffold wearing half face tight fitting respirators under mandatory use were exposed to 281.9 micrograms/cubic meter of crystalline silica and were not provided 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

Feb 18, 2021

Abate by

Apr 19, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(d)(1)(ii): The employer did not select and use a NIOSH-certified respirator in compliance with the conditions of its certification: (Construction Reference 1926.103)   a) On or about 9/2/20 at 151 E 83rd Street New York, NY 10028, employees pointing on the building exterior from a suspended scaffold wearing half face tight fitting respirators under mandatory use were exposed to crystalline silica and were not using their NIOSH-certified respirator in compliance with the conditions of its certification.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Feb 18, 2021

Abate by

Mar 16, 2021

Penalty

Initial $4,096 · Current $3,500 Reduced

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) On or about 9/2/20 at 151 E 83rd Street New York, NY 10028 , employees repairing the building exterior were exposed to hazardous chemicals including but not limited to xylene and Isophoronedialdimine contained in the product Sikaflex 15LM without being provided a written hazard communication 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

Feb 18, 2021

Abate by

Apr 19, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv): (Construction Reference: 1926.59)   a) On or about 9/2/20 at 151 E 83rd Street New York, NY 10028 , employees repairing the building exterior were exposed to hazardous chemicals including but not limited to xylene and Isophoronedialdimine contained in the product Sikaflex 15LM without being provided 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

Feb 18, 2021

Abate by

Apr 19, 2021

Penalty

Initial $6,827 · Current $6,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(c)(1): For each employee engaged in a task identified on Table 1, the employer did not fully and 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 9/2/20 at 151 E 83rd Street New York, NY 10028 , an employee pointing on the building exterior from a suspended scaffold using Bosch 5 In. Tuck Pointer Grinder failed to operate and maintain tool in accordance with manufacturer's instructions to minimize airborne crystalline silica.  b) On or about 9/2/20 at 151 E 83rd Street New York, NY 10028 , an employee demolishing the building exterior from a suspended scaffold using Boschhammer chipping tool failed to operate and maintain tool in accordance with manufacturer's instructions 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

Feb 18, 2021

Abate by

Mar 16, 2021

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 9/2/20 at 151 E 83rd Street New York, NY 10028 , an employee pointing on the building exterior from a suspended scaffold using Bosch 5 In. Tuck Pointer Grinder was exposed to respirable crystalline silica without being provided an exposure control plan.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Feb 18, 2021

Abate by

Apr 19, 2021

Penalty

Initial $13,654 · Current $12,000 Reduced

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 9/2/20 at 151 E 83rd Street New York, NY 10028, employees pointing on the building exterior from a suspended scaffold wearing half face tight fitting respirators under mandatory use were exposed to crystalline silica while pointing and were not medically evaluated prior to initial respirator use.  1st REPEAT     Demari Services, Inc. WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD, ITS EQUIVALENT, OR ESSENTIALLY SIMILAR STANDARD, 29 CFR  1910.134(e)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1238955, CITATION NUMBER 1, ITEM NUMBER 1, GROUP A ISSUED ON 10/11/2017 WITH A FINAL ORDER DATE OF 11/08/2017.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Feb 18, 2021

Abate by

Apr 19, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT): (Construction Reference 1926.103)   a) On or about 9/2/20 at 151 E 83rd Street New York, NY 10028 , employees pointing on the building exterior from a suspended scaffold wearing half face tight fitting respirators under mandatory use were exposed to crystalline silica while pointing and were not fit-tested prior to initial respirator use.  1st REPEAT     Demari Services, Inc.  WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD, ITS EQUIVALENT, OR ESSENTIALLY SIMILAR STANDARD, 29 CFR  1910.134(f)(1), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1238955, CITATION NUMBER 1, ITEM NUMBER 2, GROUP A ISSUED ON 10/11/2017 WITH A FINAL ORDER DATE OF 11/08/2017.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.

Issued

Feb 18, 2021

Abate by

Apr 19, 2021

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 9/2/20 at 151 E 83rd Street New York, NY 10028, employees pointing on the building exterior from a suspended scaffold wearing half face tight fitting respirators under mandatory use were exposed to crystalline silica and were not provided comprehensive and understandable respirator training.   1st REPEAT     Demari Services, Inc.  WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD, ITS EQUIVALENT, OR ESSENTIALLY SIMILAR STANDARD, 29 CFR  1910.134(k), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1238955, CITATION NUMBER 1, ITEM NUMBER 1, GROUP B ISSUED ON 10/11/2017 WITH A FINAL ORDER DATE OF 11/08/2017.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT CERTIFICATION OF ABATEMENT FOR THIS ITEM. FAILURE TO COMPLY MAY RESULT IN AN ADDITIONAL PENALTY.