OSHA Inspection: STAR TECH CONSTRUCTION INC.

Issued

Jan 17, 2025

Abate by

Mar 17, 2025

Penalty

Initial $2,837 · Current $1,986 Reduced

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: As referenced in 1926.103  a) On or about July 26, 2024 - Star Tech Construction Inc., 40 Foley Square New York, NY 10007   Employees repairing/replacing the terra cotta bricks in the elevator shafts were provided with N-95 elastomeric respirators such as but not limited to 3M 8210 Plus for voluntary use. The employer did not provide respirator users with the information contained in Appendix D of this standard.   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 17, 2025

Abate by

Mar 17, 2025

Penalty

Initial $3,687 · Current $2,581 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:  a) On or about July 26, 2024 -Star Tech Construction Inc., 40 Foley Square, New York, NY 10007  Employees working in the elevator shafts 1 and 2 were tasked with replacing/repairing terra cotta bricks on the shaft walls, installation of trimming and fireproofing material. The employees also removed the plastic lining around the lead containment area. The employer did not instruct the employees how to recognize and avoid unsafe conditions applicable to their work environments.  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 17, 2025

Penalty

Initial $5,675 · Current $3,973 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(i): Until the employer performed an employee exposure assessment, as required in 29 CFR 1926.62(d), and documented that the employee(s) performing any of the listed tasks was not exposed above the Permissible Exposure Limit (PEL), the employer did not treat affected employee(s) as if they were exposed above the PEL, and not in excess of ten times the PEL, and did not implement employee protective measures prescribed in 29 CFR 1926.62(d)(2)(v):  a) On or about July 26, 2024 - Star Tech Construction Inc., 40 Foley Square, New York, NY 10007  Employees used a handheld grinder equipped with a diamond blade to remove paint from the exposed structural beams inside elevator shafts 1 and 2. The structural beams were identified in a limited environmental survey to contain lead-based paint. The employer did not perform an exposure assessment to determine the employees exposure to lead during this work task.   NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19

Issued

Jan 17, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1926.62(d)(2)(v):Prior to the performance of an employee exposure assessment as required by (d) of this section, the employer did not provide the employees performing the tasks described in paragraphs (d)(2)(i) - (d)(2)(iv) of this section interim protection listed in paragraphs (d)(2)(v)[A] and[B]:  a) On or about July 26, 2024 - Star Tech Construction Inc., 40 Foley Square, New York, NY 10007  Employees used a handheld grinder equipped with a diamond blade to remove paint from the exposed structural beams inside elevator shafts 1 and 2. The structural beams were identified in a limited environmental survey to contain lead-based paint. The employer did not implement interim protections such as but not limited to respiratory protection, appropriate personal protective clothing.  NOTE: BECAUSE ABATEMENT OF THIS VIOLATION IS ALREADY DOCUMENTED IN THE CASEFILE, THE EMPLOYER NEED NOT SUBMIT CERTIFICATION NOR DOCUMENTATION OF ABATEMENT OF THIS VIOLATION AS NORMALLY REQUIRED BY 29 CFR 1903.19