OSHA Inspection: INDUSTRIAL STEAM BOILER CORP

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $4,687 · Current $3,047 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)  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, employees welding a 72" X 152" fuel storage tank were required by their employer to wear Miller tight-fitting half face respirators. These employees were not medically evaluated before being required to use the respirator in the workplace.  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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator: (Construction Reference 1926.103).  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, employees welding a 72" X 152" fuel storage tank were required by their employer to wear Miller tight-fitting half face respirators. These employees were not fit tested prior to the initial use of their respirator.  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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1):The employer did not provide respirator training that ensured that each employee could demonstrate knowledge of at least the following elements: Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; What the limitations and capabilities of the respirator are; How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; How to inspect, put on and remove, use, and check the seals of the respirator; What the procedures are for maintenance and storage of the respirator, and How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators.  (Construction Reference 1926.103)  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, employees welding a 72" X 152" fuel storage tank were required by their employer to wear Miller tight-fitting half face respirators. These employees were not provided 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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $4,687 · Current $3,047 Reduced

General-duty citation text

29 CFR 1926.353(b)(3): Where a welder must enter a confined space through a manhole or other small opening, means were not provided for quickly removing him in case of an emergency:  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, an employee entered a 72" X 152" fuel storage tank to weld a metal ladder to the inside of the tank. The employee was not provided with a harness, lifeline, or any means for quick removal in case of an emergency.  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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.353(b)(1): General mechanical or local exhaust ventilation meeting the requirements of paragraph (a) of 29 CFR 1926.353 was not provided where welding, cutting, or heating was performed in a confined space and employees were not otherwise protected.  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, an employee entered a 72" X 152" fuel storage tank to weld a metal ladder to the inside of the tank.  The employee was not provided with general mechanical or local exhaust ventilation meeting the requirements of paragraph (a) of 29 CFR 1926.353 by the employer.  NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $10,938 · Current $7,110 Reduced

General-duty citation text

29 CFR 1926.1204(b): The employer did not identify and evaluate the hazards of the permit required confined space in their permit-required confined space program before employee entry:  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, an employee entered a 72" X 152" fuel storage tank which was a permit space to weld a metal ladder to the inside of the tank. The employer did not identify and evaluate the hazards of the fuel storage tank in their permit-required confined space program before an employee entered the tank.  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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $10,938 · Current $7,110 Reduced

General-duty citation text

29 CFR  1926.1205(a): Before entry was authorized, the employer did not document the completion of measures required by paragraph 1926.1204(c) of this standard by preparing an entry permit:  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, an employee entered a 72" X 152" fuel storage tank which was a permit space to weld a metal ladder to the inside of the tank. The employer did not document the completion of measures required by paragraph 1926.1204(c) of this standard by preparing an entry permit before the entrant entered the fuel storage tank.  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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $10,938 · Current $7,110 Reduced

General-duty citation text

29 CFR  1926.1211(c): The employer did not designate an entry rescue service whenever non-entry rescue was not selected. Whenever non-entry rescue was selected, the entry employer did not ensure that retrieval systems or methods were used whenever an authorized entrant entered a permit space, and did not confirm, prior to entry, that emergency assistance would be available in the event that non-entry rescue failed.  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, an employee entered a 72" X 152" fuel storage tank which was a permit space to weld a metal ladder to the inside of the tank. The employer did not ensure that  retrieval systems or methods for non-entry rescue were used whenever an authorized entrant entered into the fuel storage tank.  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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $0 · Current $7,110

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)  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, employees welding a 72" X 152" fuel storage tank were exposed to hazardous chemicals such as but not limited to 50-100% Iron contained in Fleetweld 35. These employees were not provided effective information and training on hazardous chemicals.  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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

Jun 9, 2023

Abate by

Jul 28, 2023

Penalty

Initial $0 · Current $7,110

General-duty citation text

29 CFR 1926.1209(a): The entry employer did not ensure that each attendant: was familiar with and understood the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure.  On or about 12/16/2022 at 530 West 120th Street inside a mechanical room, an employee entered a 72" X 152" fuel storage tank which was a permit space to weld a metal ladder to the inside of the tank. The employer did not ensure that the attendant was familiar with and understood the hazards that may be faced during entry, including information on the mode, signs, or symptoms, and consequences of exposure.  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 $1,000.00 AS PER 29 CFR 1903.19.