OSHA Inspection: HAPPY FIX REFINISHING INC.

Issued

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $4,351 · Current $3,263 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: As referenced in 1910.1052(g)(2)(i).   (a) On or about 1/24/2022 at 127 East 60th Street, Apt 4R, an employee was required by the employer to wear a 3M full-face respirator while removing paint from a bathtub using Hood Strip 888 which contains 80-90% methylene chloride. The employer failed to provide the employee with a medical evaluation.  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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR  1910.134(k)(1):The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii): As referenced in 1910.1052(g)(2)(i).  (a) On or about 1/24/2022 at 127 East 60th Street, Apt. 4R, an employee was required by the employer to wear a 3M full-face respirator while removing paint from a bathtub using paint stripper Hood Strip 888 which contains 80-90% Methylene Chloride. The employer failed to provide the employee with respirator 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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $4,351 · Current $3,263 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(c)(1): The employer did not ensure that no employee(s) was exposed to an airborne concentration of methylene chloride in excess of twenty-five parts per million as an 8-hour TWA:  (a) On or about 1/24/2022 at 127 East 60th Street, Apt. 4R: An employee assigned to strip and re-glaze a bathtub in an unventilated bathroom using Hood Strip 888 (containing 80-90% Methylene Chloride (MeCl)), was exposed to airborne concentrations in excess of OSHA's 8-hour Time Weighted Average Permissible Exposure Limit of 25 ppm for MeCl.  Based on the size of the room, the average amount of product used for this application (6oz), and the percentage of MeCl in the product, it was calculated that the employee's 110 min TWA exposure to MeCl was approximately 1,384ppm - 1,559ppm which is 55-62 times the PEL of 25ppm for MeCl.  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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $4,351 · Current $3,263 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 1/24/2022 at 127 East 60th Street, Apt. 4R, an employee was directed to strip a bathtub in a small windowless bathroom using a paint stripper provided by the employer, Hood Strip 888, containing 80-90% Methylene Chloride. The employer did not perform initial monitoring to determine the employee's exposure to methylene chloride during this operation.  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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $4,351 · Current $3,263 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(g)(2)(i): The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134 (b) through (m) (except (d)(1)(iii)), which covers each employee required by 29 CFR 1910.1052 to use a respirator:  On or about 1/24/2022 at 127 East 60th Street Apt. 4R an employee was required to wear a 3M full-face respirator while removing paint from a bathtub using paint stripper Hood Strip 888 which contains 80-90% methylene chloride. The employer failed to develop and implement a written respiratory protection 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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $4,351 · Current $3,263 Reduced

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).  On or about 1/24/2022 at 127 East 60th Street, Apt. 4R, an employee was stripping a bathtub using paint stripper Hood Strip 888 which contains 80-90% Methylene Chloride without being provide the appropriate atmosphere-supplying respirator specified in 29 CFR 1910.134(d)(3)(i)(A).  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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $4,351 · Current $3,263 Reduced

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:  On or about 1/24/2022 at 127 East 60th Street, Apt. 4R, an employee was stripping a bathtub using paint stripper Hood Strip 888 which contains 80-90% methylene chloride without being provided protective clothing resistant to methylene chloride.   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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $4,351 · Current $3,263 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1):The employer did not develop, implement, and/or maintain at the workplace a hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met: As referenced in 1910.1052(k)(1)(i)  (a) On or about 1/24/2022 at 127 East 60th Street, Apt. 4R, an employee was directed to strip a bathtub in a small windowless bathroom using paint stripper Hood Strip 888, which contains 80-90% Methylene Chloride, and may cause serious illness such as, but not limited to, pulmonary edema, unconsciousness or death when inhaled or absorbed through the skin.  The employer did not develop  a 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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1730

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) As referenced in 1910.1052(k)(1)(i).  (a) On or about 1/24/2022 at 127 East 60th Street, Apt. 4R, an employee was directed to strip a bathtub in a small windowless bathroom using paint stripper Hood Strip 888, which contains 80-90% Methylene Chloride, and may cause serious illness such as, but not limited to, pulmonary edema, unconsciousness or death when inhaled or absorbed through the skin.  The employer did not obtain a copy of the product Safety Data Sheet.  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

Jul 22, 2022

Abate by

Sep 8, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1730

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:   In the alternative   29 CFR  1910.1052(l)(1): The employer did not provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to methylene chloride:   (a) On or about 1/24/2022 at 127 East 60th Street, Apt. 4R, an employee was directed to strip a bathtub in a small windowless bathroom using paint stripper Hood Strip 888, which contains 80-90% Methylene Chloride, and may cause serious illness such as, but not limited to, pulmonary edema, unconsciousness or death when inhaled or absorbed through the skin.  The employer did not provide information and training to the employee on the hazards of the chemical he was working with.  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.