OSHA Inspection: D'AMELIO BROTHER'S INC.

Issued

Jun 17, 2024

Abate by

Jul 15, 2024

Penalty

Initial $3,687 · Current $0 Reduced

General-duty citation text

29 CFR  1910.134(c)(2)(i):Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible: (Construction Reference 1926.103)  Damelio Brothers's Inc./Cast Stone 26-19 123rd Street, Flushing, NY 11354  a) Employees engaged in cast stone manufacturing voluntarily used a tight-fitting half face N95 respirators such as, but not limited to, 3M 8210.  Information contained in Appendix D was not provided by the employer; on or about 12/20/2023.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2024

Abate by

Aug 5, 2024

Penalty

Initial $3,687 · Current $3,500 Reduced

General-duty citation text

29 CFR  1910.178(l)(1)(i):The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l)  Damelio Brothers's Inc./Cast Stone 26-19 123rd Street, Flushing, NY 11354  a) On or about 12/20/2023, employees operated diesel powered industrial trucks including a Hangcha (MSG45/421) and Toyota (Model 8FDU20) without being provided with formal instruction and training.   Note: In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2024

Abate by

Jul 15, 2024

Penalty

Initial $3,687 · Current $3,500 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1):The employer did not develop, implement and maintain at the workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g) and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:  Damelio Brothers's Inc./Cast Stone 26-19 123rd Street, Flushing, NY 11354  a) Employees engaged in cast stone manufacturing utilized hazardous chemicals such as, but not limited to, White Portland Limestone Cement (containing 80-100 % Portland cement) and USG Moulding Plaster (containing > 95% calcium sulfate).  A Hazard Communication Program was not in place; on or about 12/20/2023.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2024

Abate by

Jul 15, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1):Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use.  Damelio Brothers's Inc./Cast Stone 26-19 123rd Street, Flushing, NY 11354  a) Employees engaged in cast stone manufacturing utilized hazardous chemicals such as, but not limited to, White Portland Limestone Cement (containing 80-100 % Portland cement) and USG Moulding Plaster (containing > 95% calcium sulfate).  Safety Data Sheets were not available for employee's review; on or about 12/20/2023.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jun 17, 2024

Abate by

Jul 15, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1):The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees had not previously been trained about was introduced into their work area:  Damelio Brothers's Inc./Cast Stone 26-19 123rd Street, Flushing, NY 11354  a) Employees engaged in cast stone manufacturing utilized hazardous chemicals such as, but not limited to, White Portland Limestone Cement (containing 80-100 % Portland cement) and USG Moulding Plaster (containing > 95% calcium sulfate).  A Hazard Communication Training Program was not in place; on or about 12/20/2023.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19