OSHA Inspection: MALATESTA PALADINO INC.

Issued

Jan 30, 2024

Abate by

Feb 26, 2024

Penalty

Initial $2,765 · Current $1,797 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: (Construction Reference 1926.103)  (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, employees jack hammering concrete and brick were required to wear a 3M half-face N-95 respirator. The employer did not establish and implement a written respiratory protection program with worksite specific procedures.  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

Jan 30, 2024

Abate by

Feb 26, 2024

Penalty

Initial $0 · Current $0

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)  (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, employees jack hammering concrete and brick were required to wear a 3M half-face N-95 respirator. The employer did not provide these employees with a medical evaluation to determine their ability to use a 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 AS PER 29 CFR 1903.19

Issued

Jan 30, 2024

Abate by

Feb 26, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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).  (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, employees jack hammering concrete and brick were required to wear a 3M half-face N-95 respirator. The employer did not fit test employees 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 AS PER 29 CFR 1903.19

Issued

Jan 30, 2024

Abate by

Feb 26, 2024

Penalty

Initial $0 · Current $0

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). (Construction Reference 1926.103)  (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, employees jack hammering concrete and brick were required to wear a 3M half-face N-95 respirator. The employer did not provide respirator training and ensure that each employee could demonstrate knowledge of items in section (i)-(vii).  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

Jan 30, 2024

Abate by

Feb 26, 2024

Penalty

Initial $2,765 · Current $1,797 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.  In the alternative   29 CFR 1926.1153(d)(2)(i): The employer shall assess the exposure of each employee who is 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) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, an employee operating a Bosch chipping tool at street level was exposed to respirable crystalline silica dust. The employer did not ensure that employee used water at the point of impact or localized exhaust to control the silica dust generated during chipping.  (b) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, an employee operating a Hilti TE 3000 jackhammer within the sub-street level to break up a concrete footer was exposed to respirable crystalline silica dust. The employer did not ensure that employee used water at the point of impact or localized exhaust to control the silica dust generated during jackhammering.  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

Jan 30, 2024

Abate by

Feb 26, 2024

Penalty

Initial $2,765 · Current $1,797 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) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, employees using jack hammers to break up concrete and brick were exposed to respirable crystalline silica dust. The employer did not establish and implement a written exposure control plan.  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

Jan 30, 2024

Abate by

Feb 26, 2024

Penalty

Initial $2,765 · Current $1,797 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(2)(i): The employer did not ensure that employees covered by this section could demonstrate knowledge and understanding of at least the requirements outlined in 29 CFR 1926(i)(2)(i)(A) through (F) where there was exposure to respirable crystalline silica:  (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, an employee operating a Bosch chipping tool at street level was exposed to respirable crystalline silica dust. The employer did not ensure that the employee with exposure to respirable crystalline silica was trained on requirements outlined in 29 CFR 1926(i)(2)(i)(A) through (F).  (b) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, an employee operating a Hilti TE 3000 Jackhammer below street level was exposed to respirable crystalline silica dust. The employer did not ensure that the employee with exposure to respirable crystalline silica was trained on the requirements outlined in 29 CFR 1926(i)(2)(i)(A) through (F).  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

Jan 30, 2024

Abate by

Mar 18, 2024

Penalty

Initial $922 · Current $599 Reduced

General-duty citation text

29 CFR 1904.40(a): The employer did not provide an authorized government representative the records within the four business hours.  (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, the employer did not provide copies of the injury and illness records 300, 300A, and 301 as requested within four business hours.  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