OSHA Inspection: ALL OVER CONSTRUCTION CORP.

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $2,128 · Current $900 Reduced

Hazardous substances 9000

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: (Construction Reference 1926.103)  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to respirable crystalline silica while jack hammering concrete in front of the entrance to the Sounds of Brazil music venue. The employer failed to provide exposed employees with a written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures.  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 AS PER 29 CFR 1903.19

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(c)(2)(i): The employer did not determine if the voluntary use of a respirator did not in itself create a hazard: (Construction Reference 1926.103)  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to respirable crystalline silica while jack hammering concrete in front of the entrance to the Sounds of Brazil music venue. The employer provided employees 3M N95 respirators to wear voluntarily at the worksite. The employer failed to determine if the voluntary usage of the N95 respirators did not in itself create a hazard to employees.  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 AS PER 29 CFR 1903.19

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer: (Construction Reference 1926.103)  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to respirable crystalline silica while jack hammering concrete in front of the entrance to the Sounds of Brazil music venue. The employer provided employees 3M N95 respirators to wear voluntarily at the worksite. The employer failed to provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators.  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 AS PER 29 CFR 1903.19

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $2,128 · Current $900 Reduced

Hazardous substances 9000

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:  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to respirable crystalline silica while jack hammering concrete in front of the entrance to the Sounds of Brazil music venue. The employer failed to 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.  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 AS PER 29 CFR 1903.19

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(d)(3)(i): The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible:  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to respirable crystalline silica while jack hammering concrete in front of the entrance to the Sounds of Brazil music menu. The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL.  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 AS PER 29 CFR 1903.19

Issued

Jan 24, 2025

Abate by

Mar 13, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR 1926.1153(i)(2)(i): 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:  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to respirable crystalline silica while jack hammering concrete in front of the entrance to the Sounds of Brazil music venue. The employer failed to ensure that employees could demonstrate knowledge and understanding of the health hazards of exposure to respirable crystalline silica.  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 AS PER 29 CFR 1903.19

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $2,128 · Current $900 Reduced

Hazardous substances 13409000

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: (Construction Reference: 1926.59)  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to hazardous chemicals including but not limited to crystalline silica and gasoline while performing sidewalk removal and repair work  in front of the entrance to the Sounds of Brazil music venue. 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.   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 AS PER 29 CFR 1903.19

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s):(Construction Reference: 1926.59)  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to hazardous chemicals including but not limited to crystalline silica and gasoline while performing sidewalk removal and repair work  in front of the entrance to the Sounds of Brazil music venue. The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees.  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 AS PER 29 CFR 1903.19.

Issued

Jan 24, 2025

Abate by

Jul 3, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 13409000

General-duty citation text

29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv): (Construction Reference: 1926.59)  On or about 07/31/2024 at 204 Varick St, New York, NY 10014, employees were exposed to hazardous chemicals including but not limited to crystalline silica and gasoline while performing sidewalk removal and repair work  in front of the entrance to the Sounds of Brazil music venue. The employer did not provide the employees with training on the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv).  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 AS PER 29 CFR 1903.19.