OSHA Inspection: AHERN PAINTING CONTRACTORS

Issued

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $14,518 · Current $14,518

Hazardous substances 15911620

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function: (Construction Reference 1926.103)�  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on steel beams at the Broadway Junction train station are exposed to lead.  The employer failed to ensure that employees wearing 3M half-face tight-fitting respirators were cleanly shaven to prevent facial hair from impeding the sealing surface of the respirator.  Condition observed on or about January 8, 2024

Issued

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:  (Construction Reference 1926.103)   (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on steel beams at the Broadway Junction train station are exposed to lead. Throughout the worksite, employees are required to conduct sandblasting, painting, vacuuming, operating the grit units, rigging, housekeeping, containment buildup, and breakdown. �CSHO performed wipe sampling on the inside of two employees' respirators. The labs results showed evidence of lead contamination.  The employer failed to ensure that the respirators were cleaned as often as needed based on the site conditions.  Condition observed on or about January 8, 2024

Issued

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $14,518 · Current $43,554

Hazardous substances 1591

General-duty citation text

29 CFR  1926.1204(b): The employer did not identify and evaluate the hazards of permit spaces before employee enter them:  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on the metal train station columns, conducting lead-based paint removal via abrasive blasting using steel shot media, were exposed to the hazards of chemicals such as, but not limited to, lead. Employees, including but not limited to abrasive blasters, were bodily entering steel support column containments, which were permit-required confined spaces (PRCS). The employer did not identify and evaluate the hazards of the steel support column containments before abrasive blasters entered.  Condition observed on or about February 7, 2024  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

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $14,518 · Current $14,518

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(c)(2):Employer did not reduce the allowable employee exposure for employee(s) exposed to lead for more than 8 hours in any work day in accordance with the formula in 1926.62(c)(2): Note:  Allowable employee exposure (mcg/m3) = 400 divided by the number of hours worked in the day.  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on the metal train station columns and conducting the lead-based paint removal via abrasive blasting using steel shot media are exposed to the hazards of chemicals such as, but not limited to, lead. Personal air sampling results revealed that employees are exposed to lead at an 8-hour time-weighted average (TWA) concentration of 53,350 micrograms per cubic meter (ug/m3), approximately 111.15 times the adjusted permissible exposure limit of approximately 39 micrograms per cubic meter of air, during blasting operations. The employer did not ensure that employees are not exposed to an airborne concentration of lead in excess of the adjusted 39 ug/m3 based on a 10.27-hour workday.  Condition observed on or about February 7, 2024

Issued

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(e)(1):The employer did not implement all feasible engineering and work practice controls, including administrative controls, to reduce and maintain employee exposure to lead to or below the permissible exposure limit:  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on the metal train station columns and conducting the lead-based paint removal via abrasive blasting using steel shot media are exposed to the hazards of chemicals such as, but not limited to, lead. Personal air sampling results revealed that employees are exposed to lead at an 8-hour time-weighted average (TWA) concentration of 53,350 micrograms per cubic meter (ug/m3), approximately 111.15 times the adjusted permissible exposure limit of approximately 39 micrograms per cubic meter of air, during blasting operations based on a 10.27-hour workday. The employer did not ensure that the engineering controls were sufficient to maintain employee exposure to lead to or below the permissible exposure limit.  Condition observed on or about February 7, 2024

Issued

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $6,222 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(1)(iii): The employer did not collect personal samples representative of a full shift, including at least one sample for each job classification in each work area, either for each shift or for the shift with the highest exposure level:  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on steel beams at the Broadway Junction train station are exposed to lead. Employees are removing lead-based paint from the steel beams via sandblasting and power tool cleaning. The employer did not perform an initial determination of exposures for power tool cleaners based on the relevant considerations of information and observations that indicated employees were exposed to lead.�  Condition observed on or about January 8, 2024

Issued

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $14,518 · Current $0 Reduced

Hazardous substances 1591

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:  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on the metal train station columns, conducting the lead-based paint removal via abrasive blasting using steel shot media, were exposed to the hazards of chemicals such as, but not limited to, lead. Employees, including but not limited to abrasive blasters, were bodily entering steel support column containments, which were permit spaces. 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 entrants entered the steel support column containments.  Condition observed on or about February 7, 2024  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

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $14,518 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.1208(a): The entry employer did not ensure that all authorized entrants were familiar with and understand the hazards that may be faced during entry, including information on the mode, signs, or symptoms, and consequences of exposure;  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on the metal train station columns, conducting the lead-based paint removal via abrasive blasting using steel shot media, were exposed to the hazards of chemicals such as, but not limited to, lead. Employees, including but not limited to abrasive blasters, were bodily entering steel support column containments, which were permit spaces. The employer did not ensure that the authorized entrants were familiar with and understood the hazards that may be faced during entry, including information on the mode, signs, or symptoms, and consequences of exposure.  Condition observed on or about February 7, 2024  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

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $14,518 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.1209(a): The entry employer did not ensure that each attendant: is familiar with and understands the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on the metal train station columns, conducting the lead-based paint removal via abrasive blasting using steel shot media, were exposed to the hazards of chemicals such as, but not limited to, lead. Employees, including but not limited to abrasive blasters, were bodily entering steel support column containments, which were permit spaces. The employer failed to assign an attendant to remain outside the permit required confined space during entry operations when entrants were abrasive blasting lead-based paint from steel beams.   Condition observed on or about February 7, 2024  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

Jul 5, 2024

Abate by

Nov 4, 2024

Penalty

Initial $14,518 · Current $0 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.1210(d): The entry supervisor failed to verify that rescue services are available and that the means for summoning them are operable, and that the employer will be notified as soon as the services become unavailable;  (a) AHERN Painting Contractors (Broadway Junction Train Station J Train Line Project), located at 1549 Herkimer Street, Brooklyn, NY 11207  Employees working on the metal train station columns, conducting the lead-based paint removal via abrasive blasting using steel shot media, were exposed to the hazards of chemicals such as, but not limited to, lead. Employees, including but not limited to abrasive blasters, were bodily entering steel support column containments, which were permit spaces. The employer failed to assign an entry supervisor to verify that rescue services were available for employees exposed to hazards while working in the permit required confined space.  Condition observed on or about February 7, 2024  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.