OSHA Inspection: COW-BAY SPRINKLER CORP.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $6,453 · Current $6,453

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) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/23/24 through 3/29/24, the employer did not develop and implement a written respirator program for employees required to use respiratory protection (e.g., half-face air purifying respirators) when they demolished portions of concrete/brick walls and concrete floor slabs using Bosch Demolition Hammer and a Milwaukee Cut-Off Saw).  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 23, 2024

Abate by

Aug 26, 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:  a) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/23/24 through 3/29/24, the employer did not provide a medical evaluation to determine the ability of each employee to use a respirator who were required to wear half-face air purifying respirators when demolishing portions of concrete/brick walls and concrete floor slabs using Bosch Demolition Hammer and a Milwaukee Cut-Off Saw).  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/23/24 through 3/29/24, the employer did not provide respirator fit testing prior to requiring employees to wear half-face air purifying respirators when demolishing portions of concrete/brick walls and concrete floor slabs using Bosch Demolition Hammer and a Milwaukee Cut-Off Saw).  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $8,067 · Current $8,067

General-duty citation text

29 CFR 1926.1153(c)(1):  For each employee engaged in a task identified on Table 1, the employer shall 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) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:   On or about 1/23/24 through 3/29/24, the employer did not fully and properly implement engineering controls and work practices when employees demolished portions of concrete/brick walls and concrete floor slabs using Bosch Demolition Hammer, small chipping hammer and a Milwaukee Cut-Off Saw) as required by Table 1.   In addition to abatement certification, the employer is required to submit abatement documentation for this item.  Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $0 · Current $0

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) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/23/24 through 3/29/24, the employer did not assess the exposure of each employee who was or could have been reasonably exposed to respirable crystalline silica at or above the action level when employees demolished portions of concrete/brick walls and concrete floor slabs using Bosch Demolition Hammer and a Milwaukee Cut-Off Saw).  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(f)(1): The employer allowed dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica and wet sweeping, HEPA-filtered vacuuming or other methods were feasible:    a) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/23/24 through 3/29/24, employees performed dry sweeping and a shop vacuum without a HEPA filter when cleaning up debris from the demolition of concrete/brick walls using a Bosch Demolition Hammer, a chipping hammer and a Milwaukee Cut-Off Saw) and the employer did not ensure that dry sweeping was not permitted when HEPA filtered vacuuming other methods were feasible.  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $8,067 · Current $8,067

General-duty citation text

29 CFR 1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:   a) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/23/24 through 3/29/24, the employer did not establish and implement a written respirable crystalline silica exposure control plan when employees demolished portions of concrete/brick walls and concrete floor slabs using Bosch Demolition Hammer and a Milwaukee Cut-Off Saw).  In addition to abatement certification, the employer is required to submit abatement documentation for this item.  Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $8,067 · Current $8,067

General-duty citation text

29 CFR 1926.1153(i)(2)(i)(B): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of specific tasks in the workplace that could result in exposure to respirable crystalline silica:    a) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/25/24, the employer did not ensure that employees could demonstrate knowledge and understanding of specific tasks in the workplace that could result in exposure to crystalline silica when an employee used a small chipping hammer to demolish sections of a concrete wall without using respiratory protection.    The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 23, 2024

Abate by

Aug 26, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1153(i)(2)(i)(C): The employer did not ensure that each employee covered by this section could demonstrate knowledge and understanding of 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:    a) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:    On or about 1/24/24, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific measures that the employer implemented to protect employees from exposure to respirable crystalline silica, including engineering controls when the employee used a cut-off saw to demolish a section of brick wall without using the employer provided high flow exhaust fan/flexible duct to capture and remove dust as it was generated.  b) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:  On or about 1/25/24, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific measures that the employer implemented to protect employees from exposure to respirable crystalline silica, including engineering controls when an employee used a chipping hammer to demolish a section of brick wall and positioned the employer provided high flow exhaust fan in a position that would draw the airborne dust being towards the employee.   c) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:   On or about 2/7/24, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific measures that the employer implemented to protect employees from exposure to respirable crystalline silica, including engineering controls when an employee used a cut-off saw to demolish a section of concrete wall without using  the employer provided engineering control ( e.g., a high flow exhaust fan/flexible duct) to capture airborne dust.   d) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing:  On or about  2/8/24,  the employer did not ensure that employees could demonstrate knowledge and understanding of the specific measures that the employer implemented to protect employees from exposure to respirable crystalline silica, including engineering controls when an employee used a chipping hammer to demolish a section of brick wall and positioned the employer provided high flow exhaust fan in a position that would draw the airborne dust being towards the employee.   The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.