OSHA Inspection: JM ROMICH ENTERPRISES, INC

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5500.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:   (a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not establish a  written respiratory program  with worksite specific  procedures, where respirators were worn to protect the health of  employee(s) potentially exposed to silica. (b) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not establish a  written respiratory program  with worksite specific  procedures, where respirators were worn to protect the health of  employee(s) potentially exposed to asbestos.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

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) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024,  the employer did not provide a medical evaluation to determine the employees' ability to use a respirator for employee(s) who wore a respirator to perform Class II asbestos work.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1910.134(f)(1):The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator, to protect the employees health, passed the appropriate fit test prior to wearing a respirator to perform Class II asbestos work.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1910.134(k)(1): The employer did not provide respirator training that ensured that each employee could demonstrate knowledge of at least the following elements: Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; What the limitations and capabilities of the respirator are; How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; How to inspect, put on and remove, use, and check the seals of the respirator; What the procedures are for maintenance and storage of the respirator, and How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators:   a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not provide respirator training that ensured that each employee could demonstrate knowledge of the required elements for employees who wore a respirator to perform Class II asbestos work, exposing employee(s) to respiratory hazards.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(e)(1):All Class I, II, and III asbestos work was not conducted within regulated areas:  a)99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, Class II work involving the disturbance of VAT containing 2.8% asbestos with a jack hammer was not conducted within a regulated area.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(f)(1)(i):Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially were exposed:  a)99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not perform exposure monitoring to determine accurately the airborne concentrations of asbestos to which employees were exposed to while performing Class II and Class IV work involving the disturbance of floor tile containing 2.8% asbestos.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(1):The employer did not use engineering controls and work practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of the exposure:  a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not ensure the use of engineering controls in the form of vacuum cleaners, wet methods, or wetting agents to control employee exposures during Class II work involving the disturbance of VAT containing 2.8% asbestos with a jack hammer.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(7)(i):All Class II work was not supervised by a competent person as defined in 29 CFR 1926.1101(b):  a)99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, Class II work involving the disturbance of VAT containing 2.8% asbestos with a jack hammer floor tile was not supervised by a competent person as defined in 29 CFR 1926.1101(b):  [Competent person means, in addition to the definition in 29 CFR 1926.32 (f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measures to eliminate them, as specified in 29 CFR 1926.32(f): in addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR part 763) for supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92 (a)(2). 1926.32(f) Competent person means one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.]  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(g)(8)(i)(G): Floor tiles were not removed intact:  a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, Class II asbestos work was performed including the removal of floor tiles containing 2.8% asbestos using a jack hammer, in a non-intact state, exposing employees to asbestos hazards.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(h)(1)(ii): Respirators were not used during Class II work where asbestos containing material was not removed in a substantially intact state:   a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, Class II asbestos work was performed, which included the removal of non-intact floor tiles containing 2.8% asbestos with a jack hammer, and the employer did not provide the employees with appropriate respiratory protection, exposing employees to asbestos hazards.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(h)(1)(iv): Respirators were not used during all Class II and III asbestos jobs where the employer had not produced a negative-exposure assessment:   a)  99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, Class II asbestos work was performed, which included the removal of non-intact floor tiles containing 2.8% asbestos with a jack hammer, and the employer did not provide the employees with appropriate respiratory protection where the employer had not produced a negative-exposure assessment.   ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(i)(1):The employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(c) or for which a required negative exposure assessment was not produced:  (a)  99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024,  the employer did not provide and require the use of protective clothing, such as coveralls or similar whole-body clothing, head coverings, and foot coverings for each employee exposed to asbestos  for which a negative exposure assessment had not been produced for Class II work activity of removing floor tiles containing 2.8% asbestos with a jack hammer.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(1)(ii):The employer did not include asbestos in the program established to comply with the Hazard Communication Standard (HCS) and ensure each employee was trained in accordance with the provisions of the HCS and paragraphs (k)(9) and (10) of this section. The employer did not provide information on at least the following hazards: Cancer and lung effects.  a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not include asbestos in the Hazard Communication Program for employees the employer  for employees exposed to asbestos  for which a negative exposure assessment had not been produced for Class II work activity of removing floor tiles containing 2.8% asbestos with a jack hammer.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(3)(i):Before the employer permitted its own employees to perform work subject to this standard in areas containing asbestos-containing material (ACM) and presumed asbestos-containing material (PACM), the employer did not identify the presence, location and quantity of asbestos containing material and/or presumed asbestos containing material therein pursuant to 29 CFR 1926.1101(k)(1):  (a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, prior to work in areas containing asbestos-containing materials, the employer did not identify the presence, location and quantity of asbestos containing material therein.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances 9020

General-duty citation text

29 CFR  1926.1101(k)(9)(i):The employer did not institute, at no cost to employees, a training program for each employee who was likely to be exposed in excess of the permissible exposure limit (PEL) and for each employee who performed Class I through IV asbestos operations:  a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not ensure employees performing Class II and Class IV operations containing 2.8% asbestos had participated in the required asbestos training program.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

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, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with paragraph (d) of this section.  a)  99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, 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 for employee(s) who jack-hammered indoors through concrete floor resulting in exposure to respirable crystalline silica.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1926.1153(d)(2)(i): The employer did not assess the exposure of each employee who was 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)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section:  a)  99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not assess the exposure of each employee who was 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)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section for employee(s) who jack-hammered indoors through concrete floor resulting in exposure to respirable crystalline silica.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(e)(1): Where respiratory protection was required by this section, the employer did not provide each employee an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134:   [1926.1153(e)(1)(i) Where specified by Table 1 of paragraph (c) of this section]  a)  99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not provide an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134 to employee(s) who jack-hammered indoors through concrete floor resulting in exposure to respirable crystalline silica.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

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 that contained at least the following elements: (i) A description of the tasks in the workplace that involve exposure to respirable crystalline silica; (ii) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; (iii) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and (iv) A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors.   a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not establish and implement a written exposure control plan which contained the elements required in 1926.1153(g)(1)(I) through (iv) when employee(s) jack-hammered through concrete floor indoors resulting in exposure to respirable crystalline silica  without proper respiratory protection.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(h)(2):The employer did not make available an initial (baseline) medical examination within 30 days after initial assignment when the employee had not received a medical exam that meets the requirements of this section within the last three years:  (a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not make available an initial (baseline) medical examination within 30 days after initial assignment for  employee(s) who jack-hammered indoors through concrete floor resulting in exposure to respirable crystalline silica.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $10372.00 · Current $5250.00 Reduced

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(2)(i): The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following: (A)  The health hazards associated with exposure to respirable crystalline silica; (B)  Specific tasks in the workplace that could result in exposure to respirable crystalline silica; (C)  Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; (D)  The contents of this section; (E)  The identity of the competent person designated by the employer in accordance with paragraph (g)(4) of this section; and (F)  The purpose and a description of the medical surveillance program required by paragraph (h) of this section.  a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not ensure that each employee covered by 29 CFR 1926.1153 who jack-hammered through concrete floor indoors resulting in exposure to respirable crystalline silica could demonstrate knowledge and understanding as required.  ABATEMENT CERTIFICATION REQUIRED

Issued

2024-09-13 00:00:00

Abate by

2024-11-07 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances S103

General-duty citation text

29 CFR  1926.1153(i)(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):  a) 99 Marwood Road Greece, NY 14616: On or about 5/10/2024 to 5/15/2024, the employer did not include respirable crystalline silica in the Hazard Communication Program for each employee covered by 29 CFR 1926.1153 who jack-hammered through concrete floor, indoors, resulting in exposure to respirable crystalline silica.  ABATEMENT CERTIFICATION REQUIRED