OSHA Inspection: 29TH STREET STONE INC.

Issued

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $3,687 · Current $2,397 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not establish and implement a written respiratory protection program with worksite-specific procedures in any workplace where respirators were necessary to protect the health of the employee or whenever respirators were required by the employer: [(As referenced in 1910.1053 (g)(2))]   (a)  On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) while performing tasks such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. The employees were required to wear half-face elastomeric respirators without the employer establishing and implementing a written respiratory protection program.   NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

May 21, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(1)(ii): 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:  (a)  On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement     Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) while performing tasks such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. The employees were provided with and wore half-face elastomeric respirators such as but not limited to North Honeywell 7700 and were not medically evaluated before respirator usage.

Issued

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece was used, and at least annually thereafter:    (a)  On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) while performing tasks such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. The employees were provided with and wore half-face elastomeric respirators such as but not limited to North Honeywell 7700 and were not fit-tested prior to the initial use of the 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

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(h)(1): The employer did not ensure that respirators are cleaned and disinfected using the procedures in Appendix B-2 of this section, or procedures recommended by the respirator manufacturer and that the respirators were cleaned and maintained in a sanitary condition.    a)  On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) while performing tasks such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. The employees were provided with and wore half-face elastomeric respirators such as but not limited to North Honeywell 7700 without the employer did not provide the employees with respirator cleaning and maintenance 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 $1,000.00 AS PER 29 CFR 1903.19.

Issued

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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):  a)  On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) while performing tasks such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. The employees were provided with and wore half-face elastomeric respirators such as but not limited to North Honeywell 7700 and were not provided with proper respirator usage 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

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $4,610 · Current $2,997 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(d)(1): The employer did not 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) or the scheduled monitoring option in paragraph (d)(3) of this section.  a) On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) in the fabrication of countertops while performing task such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. The employer did not assess the employees' exposure to RCS by either conducting personal air monitoring or using objective data that is representative of the workplace.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica was, or could have been reasonably expected to be, in excess of the PEL:  a) On or about November 30,2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) in the fabrication of countertops while performing task such as cutting, shaping and polishing of natural and engineered stones that contains crystalline silica. Personal air sampling results revealed that employees are exposed to airborne RCS calculated as an 8-hour time-weighted average (TWA8) of 75�g/m3 and 13�g/m3 for a fabricator and the saw operator respectively. The employer did not establish a regulated area to limit the access to the area(s) in the fabrication shop where the airborne concentration of RCS exceeded the PEL.  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

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.1053(j)(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). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets and is trained in accordance with the provisions of HCS and paragraph (j)(3) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.  a) On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  Employees working in the fabrication shop are exposed to the hazards of respirable crystalline silica (RCS) in the fabrication of countertops while performing task such as cutting, shaping and polishing of natural and engineered stones that contain crystalline silica. The hazards related to exposure to respirable crystalline silica was not included in the written 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 $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

May 21, 2024

Abate by

Jun 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.29(a): A Log of all Work-Related Injuries and Illnesses (OSHA Form 300), and/or Summary of Work-Related Injuries and Illnesses, (OSHA Form 300-A), and/or the Injury and Illness Incident Report (OSHA Form 301) or equivalent forms were not kept by the establishment.   a) On or about November 30, 2023 - 29 Street Stone Inc located at 225 W 29th Street, New York, NY 10001 - Basement  The employer did not maintain OSHA 300, 300A and 301 injury and illness logs or its equivalent for the year 2023.