OSHA Inspection: TOMAL PAINTING & CONTRACTING

Issued

2021-06-23 00:00:00

Abate by

2021-07-13 00:00:00

Penalty

Initial $13653.00 · Current $9000.00 Reduced

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury.  Site: 454 42nd Street Brooklyn, NY.  Backyard of site.  On or about 12/28/2020.  a) The employer did not instruct the employees in the recognition of hazards and unsafe conditions and the regulations to control or eliminate the hazards.  Employees were not trained in the hazards of working on retaining walls and underpinning work with portable electric tools.

Issued

2021-06-23 00:00:00

Penalty

Initial $2926.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR 1926.300(b)(1): Power operated tool(s), designed to accommodate guards, were not equipped with such guards when in use.  Location: 454 42nd Street Brooklyn, NY.  Backyard of site.  On or about 12/28/2020  a) The electric powered grinder being used by employees on site was missing a blade guard. The grinder was used during retaining wall work in the backyard of the site.

Issued

2021-06-23 00:00:00

Penalty

Initial $2926.00 · Current $1500.00 Reduced

General-duty citation text

29 CFR  1926.404(b)(1)(i): The employer did not use either ground fault circuit interrupters as specified in paragraph (b)(1)(ii) of this section or an assured equipment grounding conductor program as specified in paragraph (b)(1)(iii) of this section to protect employees on construction sites.  Site: 454 42nd Street Brooklyn, NY.  Backyard of site.  On or about 12/28/2020,  a) Employees working to repair a retaining wall were using electric powered equipment outside in wet and damp conditions and ground fault protection was not used.

Issued

2021-06-23 00:00:00

Penalty

Initial $13653.00 · Current $9000.00 Reduced

General-duty citation text

29 CFR  1926.651(i)(2): Excavation below the level of the base or footing of any foundation or retaining wall that could be reasonably expected to pose a hazard to the employees was not prohibited.  Site: 454 42nd Street Brooklyn, NY.  Backyard of site.  On or about 12/28/2020.  a) Employees working on an existing retaining wall were excavating below the level of the base and footing of the retaining wall. The wall was without any support system or underpinning, the excavation was not in solid rock, nor was the work evaluated by a competent person. The base of the wall was undermined leading to a collapse that exposed workers to crushing and struck-by hazards.

Issued

2021-06-23 00:00:00

Penalty

Initial $13653.00 · Current $9000.00 Reduced

General-duty citation text

29 CFR  1926.651(k)(1): Daily inspections of excavations, the adjacent areas, and protective systems were not made by a competent person prior to the start of work, and as needed throughout the shift, for evidence of situations that could result in possible cave-ins, indications of failure of protective systems, hazardous atmospheres, or other hazardous conditions.  Site: 454 42nd Street Brooklyn, NY.  Backyard of site.  On or about 12/28/2020.  a) An inspection of the excavation and adjacent work area was not performed by a competent person prior or during the work shift for evidence of a situation that could result in a possible cave-in.  Employees working on the footing of the existing retaining wall were exposed to crushing and stuck-by hazards resulting from the collapse of the wall and cave-in of the excavation when the excavation undermined the structure of the wall.