OSHA Inspection: ROCHESTER THEATRE MANAGEMENT

Issued

2023-04-18 00:00:00

Abate by

2023-05-19 00:00:00

Penalty

Initial $2679.00 · Current $2009.00 Reduced

General-duty citation text

29 CFR 1910.1001(j)(3)(i): Building and facility owner(s) did not determine the presence, location, and quantity of asbestos containing material (ACM) and/or presumed asbestos containing material (PACM) at the work site. Employer(s) and building and facility owner(s) did not exercise due diligence in complying with these requirements to inform employer(s) and employee(s) about the presence and location of ACM and PACM.  a) Rochester Theatre Management	, Brockport	, NY - On or about 02/14/2023, the building and facility owner (employer) did not determine the presence, location, and quantity of ACM (asbestos containing material), and or PACM (presumed asbestos containing material), including Thermal System Insulation (TSI).  The employer did not exercise due diligence in complying with these requirements to inform employee(s) about the presence and location of ACM and PACM.  ABATEMENT CERTIFICATION REQUIRED

Issued

2023-04-18 00:00:00

Abate by

2023-05-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1001(j)(4)(iv):  At the entrance to mechanical rooms/areas in which employees reasonably can be expected to enter and which contain asbestos containing material (ACM) and/or presumed asbestos containing material (PACM), the building owner did not post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed.    a) Rochester Theatre Management	, Brockport	, NY - On or about 02/14/2023, at the entrance to basement areas in which employees reasonably can be expected to enter and which contain asbestos containing material (ACM) and/or presumed asbestos containing material (PACM), the building owner did not post signs which identify the material which is present, its location, and appropriate work practices which, if followed, will ensure that ACM and/or PACM will not be disturbed.    ABATEMENT CERTIFICATION REQUIRED

Issued

2023-04-18 00:00:00

Abate by

2023-05-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1001(j)(5)(i): The building owner(s) or employer(s) did not affix or post labels or signs on identified ACM and/or PACM that had been previously installed, so that employee(s) would be notified of what materials contained ACM and/or PACM.  Labels were not affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers.  The employer(s) did not attach such labels in area(s) where they would be clearly noticed by employee(s) who were likely to be exposed, such as at the entrance to mechanical room/areas.    Note: signs required by paragraph (j) of this section may be posted in lieu of labels so long as they contain the information required for labeling.   a) Rochester Theatre Management	, Brockport	, NY - On or about 02/14/2023, the building owner (employer) did not affix or post labels or signs on identified ACM and/or PACM that had been previously installed, so that employee(s) would be notified of what materials contained ACM and/or PACM.   The employer did not attach such labels in area(s) where they would be clearly noticed by employee(s) who were likely to be exposed, such as at the entrance to mechanical room/areas.   ABATEMENT CERTIFICATION REQUIRED

Issued

2023-04-18 00:00:00

Abate by

2023-05-19 00:00:00

Penalty

Initial $2009.00 · Current $1507.00 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:  a) Rochester Theatre Management	, Brockport	, NY   - On or about 02/14/2023, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.  Employees in the facility use chemicals such as but not limited toP&G Professional Finished Floor Cleaner (an irritant containing ethoxylated alcohols), Diversey Crew Clinging Toilet Bowl Cleaner (a corrosive containing hydrochloric acid), and Johnson Professional Windex Multi-Surface (an irritant containing ethylene glycol monohexylether);   A written program should include descriptions of how the criteria for:  1.   Labeling and other forms of warning;  2.   Safety Data Sheets such as but not limited to; AND  3.   Employee information and training will be met.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non routine tasks and the informing of contractors of workplace hazard must also be addressed.  The written program must be made available upon request.    ABATEMENT CERTIFICATION REQUIRED

Issued

2023-04-18 00:00:00

Abate by

2023-05-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:    a)  Rochester Theatre Management, Brockport, NY  - On or about 02/14/2023 and ongoing, employees working with materials such as, but not limited to P&G Professional Finished Floor Cleaner (an irritant containing ethoxylated alcohols), Diversey Crew Clinging Toilet Bowl Cleaner (a corrosive containing hydrochloric acid), and Johnson Professional Windex Multi-Surface (an irritant containing ethylene glycol monohexylether), were not provided with information and training on the hazardous materials that they work with.      Employee information shall include at least:       1.   The requirements of this section:       2.   Any operations where hazardous chemicals are present; AND       3.   The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and              Safety Data Sheets.         Employee training shall include at least:         1.   Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area.       2.   The physical and health hazards of the chemicals in the work area.       3.   The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used.       4.   The details of the employers Hazard Communication Program including an explanation of labeling systems, Safety Data Sheets and how employees can obtain and use the appropriate hazard information.    ABATEMENT CERTIFICATION REQUIRED

Issued

2023-04-18 00:00:00

Abate by

2023-04-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(g)(8): The employer did not ensure that safety data sheets were readily accessible during each work shift to employees when they were in their work area(s):   a)  Theater - On or about 02/14/2023, employees in the facility working with chemicals such as but not limited to P&G Professional Finished Floor Cleaner (an irritant containing ethoxylated alcohols), Diversey Crew Clinging Toilet Bowl Cleaner (a corrosive containing hydrochloric acid), and Johnson Professional Windex Multi-Surface (an irritant containing ethylene glycol monohexylether).  The employer did not obtain a copy of safety data sheet.  ABATEMENT CERTIFICATION REQUIRED