OSHA Inspection: DAN'S SNOWPLOWING LLC

Issued

2021-07-22 00:00:00

Abate by

2021-07-30 00:00:00

Penalty

Initial $6827.00 · Current $4800.00 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck-by and crushing hazards:  a) Statler Tower, Buffalo, NY - On or about 3/3/21,  an employee was operating an articulating dump truck and was not wearing the seat belt that the PIT was equipped with.  The employee was going in and out of the building, on uneven terrain, taking concrete debris out of the building and dumping it into a dumpster.  ABATEMENT CERTIFICATION REQUIRED

Issued

2021-07-22 00:00:00

Abate by

2021-08-23 00:00:00

Penalty

Initial $5461.00 · Current $4000.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by 29 CFR 1926.62 did not initially determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30ug/m3) calculated as an 8-hour time-weighted average (TWA):  a) Shoe Shine Area - Statler Tower, Buffalo, NY - On or about and prior to 3/24/21, employees were demolishing walls and working in an area where paint was found to contain between 14.52%-28.2% lead.  The employer did not determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30ug/m3) calculated as an 8-hour time-weighted average (TWA).  ABATEMENT CERTIFICATION REQUIRED

Issued

2021-07-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1926.62(l)(1)(i):  The employer did not include lead in the program established to comply with the Hazard Communication Standard (HCS) (29 CFR 1910.1200),  ensure that each employee had access to labels on containers of lead and safety data sheets,  was trained in accordance with the provisions of the Hazard Communication standard and 29 CFR 1926.62(l), and ensure that all the following hazards were addressed: Reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects:  a) Shoe Shine Area - Statler Tower , Buffalo, NY - On or about and prior to 3/24/21, employees were demolishing walls and working in an area where paint was found to contain between 14.52%-28.2%  lead.  The employer did not include lead in the program established to comply with the Hazard Communication Standard (HCS) (29 CFR 1910.1200): ensure that each employee had access to safety data sheets; was trained in accordance with the provisions of the Hazard Communication Standard and 29 CFR 1926.62(l); and ensure that all the following hazards were addressed: reproductive/developmental toxicity; central nervous system effects; kidney effects; blood effects; and acute toxicity effects.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

2021-07-22 00:00:00

Abate by

2021-08-23 00:00:00

Penalty

Initial $6827.00 · Current $4800.00 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) Shoe Shine Area  - Statler Tower, Buffalo, NY - On or about 3/3/21, employees used a mini excavator, equipped with a "hob-knocker" /jackhammer device, to demolish concrete floors and walls inside the building.  Employees performed the job using equipment that was not equipped with an enclosed cab.  The demolition was conducted dry without the use of water or a dust suppressant to minimize dust emissions.  ABATEMENT CERTIFICATION REQUIRED

Issued

2021-07-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  a) Shoe Shine Area - Statler Tower, Buffalo, NY - On or about 3/3/21, the employer did not assess the exposure level, to respirable crystalline silica, of employees who used a mini excavator, equipped with a "hob-knocker"/jackhammer device, to demolish concrete floors and walls inside the building.  Employees performed the job using equipment that was not equipped with an enclosed cab.  The demolition was conducted dry without the use of water or a dust suppressant to minimize dust emissions.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

2021-07-22 00:00:00

Penalty

Initial $6827.00 · Current $4800.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(e)(1)(ii):Respiratory protection was not provided for tasks not listed in Table 1, or where the employer did not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:  a) Shoe Shine Area  - Statler Tower, Buffalo, NY - On or about 3/3/21, employees used a mini excavator, equipped with a "hob-knocker" /jackhammer device, to demolish concrete floors and walls inside the building.  Employees performed the job using equipment that was not equipped with an enclosed cab.  The demolition was conducted dry without the use of water or a dust suppressant to minimize dust emissions.  Employees did not wear respiratory protection while performing work where engineering controls were not properly implemented.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

2021-07-22 00:00:00

Penalty

Initial $6827.00 · Current $4800.00 Reduced

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) Shoe Shine Area - Statler Tower, Buffalo, NY - On or about 3/3/21, the employer did not develop and implement a written exposure control plan to control employee exposures to crystalline silica through the use of engineering controls as well as work practice controls.  Employees demolished concrete floors, and knocked down and demolished concrete walls without the use of engineering controls or personal protective equipment.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

2021-07-22 00:00:00

Penalty

Initial $6827.00 · Current $4800.00 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(1): The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):    a) Shine Shoe  Area - Statler Tower, Buffalo, NY - On or about 3/3/21, employees were exposed to respirable crystalline silica while knocking down and demolishing interior concrete walls, concrete floors,  and cleaning up debris containing crystalline silica.  The employer did not include respirable crystalline silica in their hazard communication program.  NO ABATEMENT CERTIFICATION REQUIRED