OSHA Inspection: ATELIER G & K, LLC

Issued

Jul 3, 2024

Abate by

Sep 9, 2024

Penalty

Initial $2,765 · Current $1,750 Reduced

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect employee health or whenever respirators are required by the employer, a written respiratory protection program that included the provisions in 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented:  Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) The employer provided and required an employee to wear tight-fitting 3M half-mask elastomeric respirators with gas/vapor  cartridges/filters, P100 while engaged in painting activities with hazardous chemicals such as, but not limited to, IC &S TX75 (containing n-butyl acetate 40-49%, Polyisocyanate 20-29%) and ILVA UN1263 (containing n-butylacetate 30-39%, xylene 12.5-15% )  b) b) The employer provided employees with a tight-fitting 3M half-mask elastomeric respirators with gas/vapor cartridges/filters, P100 for voluntary use while engaged in sawing, ripping, sanding, grinding, and gluing construction materials such as, but limited to, plaster, hard wood, plywood, and plexiglass.   The employer did not implement a written respiratory protection program; on or about 2/1/2024  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

Jul 3, 2024

Abate by

Sep 9, 2024

Penalty

Initial $0 · Current $0

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:  Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) Employees engaged voluntarily used a tight-fitting 3M half-mask elastomeric respirators with gas/vapor cartridges/filters, P100 for while engaged in sawing, ripping, sanding, grinding, and gluing construction materials such as, but limited to, plaster, hard wood, plywood, and plexiglass.  Information contained in Appendix D was not provided by the employer; on or about; 2/1/2024.   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

Jul 3, 2024

Abate by

Sep 9, 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:  Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) The employer provided and required an employee to wear tight-fitting 3M half-mask elastomeric respirators with gas/vapor  cartridges/filters, P100 while engaged in painting activities with hazardous chemicals such as, but not limited to, IC &S TX75 (containing n-butyl acetate 40-49%, Polyisocyanate 20-29%) and ILVA UN1263 (containing n-butylacetate 30-39%, xylene 12.5-15% )  b)  The employer provided employees with a tight-fitting 3M half-mask elastomeric respirators with gas/vapor cartridges/filters, P100 for voluntary use while engaged in sawing, ripping, sanding, grinding, and gluing construction materials such as, but limited to, plaster, hard wood, plywood, and plexiglass.   The employer dd not facilitate a medical evaluation to employees prior to required or allowing the use of tight-fitting half-masks respirators on or about 2/1/2024.  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

Jul 3, 2024

Abate by

Sep 9, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2):  The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.  Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) The employer provided and required an employee to wear tight-fitting 3M half-mask elastomeric respirators with gas/vapor  cartridges/filters, P100 while engaged in painting activities with hazardous chemicals such as, but not limited to, IC &S TX75 (containing n-butyl acetate 40-49%, Polyisocyanate 20-29%) and ILVA UN1263 (containing n-butylacetate 30-39%, xylene 12.5-15% ).  The employer did not facilitate fit testing before requiring the use of the respirator on or about 2/1/2024.   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

Jul 3, 2024

Abate by

Sep 9, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training that covered the required elements in 1910.134(k)(1)(i) through 1910.134(k)(1)(vii):  Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) The employer provided and required an employee to wear tight-fitting 3M half-mask elastomeric respirators with gas/vapor  cartridges/filters, P100 while engaged in painting activities with hazardous chemicals such as, but not limited to, IC &S TX75 (containing n-butyl acetate 40-49%, Polyisocyanate 20-29%) and ILVA UN1263 (containing n-butylacetate 30-39%, xylene 12.5-15% )  b)  The employer provided employees with a tight-fitting 3M half-mask elastomeric respirators with gas/vapor cartridges/filters, P100 for voluntary use while engaged in sawing, ripping, sanding, grinding, and gluing construction materials such as, but limited to, plaster, hard wood, plywood, and plexiglass.   The employer did not implement a written respiratory protection program; on or about 2/1/2024  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

Jul 3, 2024

Abate by

Sep 9, 2024

Penalty

Initial $2,765 · Current $1,750 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:  Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) Painting area: An employee engaged in spray painting operations utilized hazardous chemicals such as, but not limited to, IC &S TX75 (containing n-butyl acetate 40-49%, Polyisocyanate 20-29%) and ILVA UN1263 (containing n-butylacetate 30-39%, xylene 12.5-15% )  b) Shop Area: Employees engaged in visual display furniture manufacturing utilizing hazardous chemicals such as, but not limited to,  HELMISTIK 1685 ( containing Methylene chloride 40-70%) and Bondo (containing talc 15-30 %).  A written Hazard Communication Program was not in place; on or about 2/1/2024.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 3, 2024

Abate by

Sep 9, 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. Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) Painting area: An employee engaged in spray painting operations utilized hazardous chemicals such as, but not limited to, IC &S TX75 (containing n-butyl acetate 40-49%, Polyisocyanate 20-29%) and ILVA UN1263 (containing n-butylacetate 30-39%, xylene 12.5-15% )  b) Shop Area: Employees engaged in visual display furniture manufacturing utilized hazardous chemicals such as, but not limited to,  HELMISTIK 1685 ( containing Methylene chloride 40-70%) and Bondo (containing talc 15-30 %).  Safety Data Sheets were not readily available to employees; on or about 2/1/2024.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 3, 2024

Abate by

Sep 9, 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:   Atelier G&K, LLC at 30-02 Borden Avenue Suite 206, Long Island City, NY.  a) Painting area: An employee engaged in spray painting operations utilized hazardous chemicals such as, but not limited to, IC &S TX75 (containing n-butyl acetate 40-49%, Polyisocyanate 20-29%) and ILVA UN1263 (containing n-butylacetate 30-39%, xylene 12.5-15% )  b) Shop Area: Employees engaged in visual display furniture manufacturing utilized hazardous chemicals such as, but not limited to,  HELMISTIK 1685 ( containing Methylene chloride 40-70%) and Bondo (containing talc 15-30 %).  A Hazard Communication Training Program was not in place; on or about 2/1/2024.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.