OSHA Inspection: FINE DESIGN MASONRY

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $2,765 · Current $2,765

General-duty citation text

29 CFR  1910.134(c):The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:  a) At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry did not develop and implement a respiratory protection program for employees wearing negative pressure respirators. On or about 3/1/2024   Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

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:  a) At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry did not provide medical evaluations for employees wearing negative pressure respirators. On or about 3/1/2024.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(f)(1): The employer did not ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.  a) At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry  did not fit test employees wearing negative pressure respirators. On or about 3/1/2024.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:  a) At 40 Harbor  Road, Port Washington, NY, Fine Design Masonry did not train employees wearing negative pressure respirators. On or about 3/1/2024.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $3,457 · Current $3,457

Hazardous substances S103

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.  a) At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry. Employees were cutting stone pavers with a HILTI DSH 700X a gasoline-powered cut-off saw.  Table 1-Specified Exposure Control Methods When Working with Materials Containing Crystalline Silica specifies the use of saw equipped with integrated water delivery system that continuously feeds water to the blade. Water was not utilized to control silica dust exposure to employees. On or about 3/1/2024.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(g)(1):The employer did not establish and implement a written exposure control plan:  a) At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry did not develop and implement a silica exposure control plan for employees exposed to silica when cutting and installing pavers. On or about 3/1/2024.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(2)(i)(A): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica:  a) At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry did not train employees of the silica exposure hazard created when cutting concrete pavers dry. On or about 3/1/2024.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $2,074 · Current $2,074

Hazardous substances S103

General-duty citation text

29 CFR  1910.1200(e)(1):The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  (a)At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry  employees use and are exposed to hazardous chemicals such as gasoline and silica. On or about 3/1/2024.   Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

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.  At 40 Harbor  Road, Port Washington, NY,  Fine Design Masonry.  Employees use gasoline to operate Hilti gas powered concrete saw and generate silica dust when pavers are cut. Safety Data Sheets were not readily available.  On or about 3/1/2024.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Aug 2, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  At 40 Harbor  Road, Port Washington, NY, Fine Design Masonry.  Employees use gasoline to operate Hilti gas powered concrete saw and generate silica dust when pavers are cut. Employees were not trained on hazardous chemicals in the work area.  On or about 3/1/2024.  Note:   Because abatement of this violation is already documented in the case file, the employer need not submit certification or documentation of abatement for this violation as normally required by CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jul 26, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.300(b)(1): Power operated tool(s), designed to accommodate guards, were not equipped with such guards when in use:  a) At 40 Harbor  Road, Port Washington, NY- An employee was using a  7 inch Makita angle grinder to cut masonry block.  The grinder was missing the guard, on or about 3/1/24.   Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.