OSHA Inspection: PA AVALANCHE CONSTRUCTION CORP.

Issued

Mar 2, 2026

Abate by

Apr 16, 2026

Penalty

Initial $4,965 · Current $2,979 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR  1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe condition(s) and the regulation(s) applicable to his work environment to control or eliminate any hazard(s) or other exposure to illness or injury:   a)  70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not instruct each employee in the proper fitting and usage of hearing protection as an employee using a gasoline-powered scarifying machine to remove surface layers of the parking garage concrete road surface did not wearing any hearing protection at times and then wore hearing protection (e.g., ear plugs) incorrectly at times did not when exposed to continuous noise levels of 98.4 dbA as an 8-hour Time Weighted Average (TWA) which was equivalent to 321.0 % of the Permissible Exposure Limit.  The sampling  time was for 463 minutes and zero exposure was assumed for the unsampled period of time.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not instruct each employee in the proper fitting of hearing protection as an employee using a electric demolition hammer to break up concrete pavement under road barrier guardrails wore hearing protection (e.g., ear plugs) incorrectly and was exposed to continuous noise levels of 105.7 dbA as an 8-hour Time Weighted Average (TWA) which was equivalent to 884.2 % of the Permissible Exposure Limit.  The sampling  time was for 464 minutes and zero exposure was assumed for the unsampled period of time.  Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Mar 2, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 8110

General-duty citation text

29 CFR  1926.52(b):   Employees were subjected to sound levels exceeding those listed in table D-2 of 29 CFR 1926.52 and feasible administrative or engineering controls were not utilized and personal protective equipment   was not used to reduce sound levels within the levels of the table:   a)  70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not use feasible engineering or administrative controls to reduce employee exposure to noise and the employee did not use personal protective equipment (hearing protection) at all times when performing the work to reduce sound levels to within the levels indicated in Table D-2 Permissible Noise Exposures when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage concrete road surface and was exposed to continuous noise levels of 98.4 dbA as an 8-hour Time Weighted Average (TWA) which was equivalent to 321.0 % of the Permissible Exposure Limit.  The sampling  time was for 463 minutes and zero exposure was assumed for the unsampled period of time.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not use feasible engineering or administrative controls to reduce sound levels to within the levels indicated in Table D-2 Permissible Noise Exposures when an employee was using a electric demolition hammer to break up concrete pavement under road barrier guardrails and was exposed to continuous noise levels of 105.7 dbA as an 8-hour Time Weighted Average (TWA) which was equivalent to 884.2 % of the Permissible Exposure Limit.  The sampling  time was for 464 minutes and zero exposure was assumed for the unsampled period of time.  Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $4,965 · Current $2,979 Reduced

Hazardous substances 9000

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer did not develop and implement a written respirator protection program when an employee was required to wear 3M N95 filtering facepiece respirator  when using an electric angle grinder to remove concrete under road barrier guardrails.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/3/25, On or about 9/3/25, the employer did not develop and implement a written respirator protection program when an employee was required to wear 3M N95 filtering facepiece respirator when using a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.   c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/12/25, the employer did not develop and implement a written respirator protection program when an employee was required to wear 3M half-face respirator with P100 filters while using a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface and was exposed to 699 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 14 times more than the eight-hour time-weighted average permissible exposure limit (PEL) of 50 micrograms of rcs per cubic meter of air (ug/m3).  The sampling  time was for 435 minutes  and zero exposure was assumed for the unsampled period of time.   d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not develop and implement a written respiratory protection program when an employee was required to wear a 3M half-face respirator with P100 filters while using an electric demolition hammer to break up concrete pavement under road barrier guardrails and was exposed to 171 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 3.41 times the eight-hour time-weighted average permissible exposure limit of 50 micrograms of rcs per cubic meter of air (ug/m3).  The  sampling  time was for 435 minutes and zero exposure was assumed for the unsampled period of time.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer did not develop and implement a written respiratory protection program when an employee was required to wear a 3M half-face respirator with P100 filters while using an electric using an electric demolition hammer and an electric angle grinder to break up concrete pavement under road barrier guardrails.  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

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(d)(3)(i)(B)(1):  The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration:   a) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration when an employee was required to wear a 3M half-face respirator with P100 filters while using a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface and was exposed to 699 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was approximately 14 times more than the eight-hour time-weighted average permissible exposure limit (PEL) of 50 micrograms of rcs per cubic meter of air (ug/m3).  The sampling  time was for 435 minutes  and zero exposure was assumed for the unsampled period of time.   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

Mar 2, 2026

Abate by

Apr 6, 2026

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer did not provide a medical evaluation to determine the ability of each employee to use a respirator for an employee that was required to wear an N95 filtering facepiece respirator when using an electric angle grinder to remove concrete under road barrier guardrails.  b)  70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/3/25, On or about 9/3/25, the employer did not provide a medical evaluation to determine the ability of each employee to use a respirator for an employee that was required to wear an N95 filtering facepiece respirator  when using a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.   c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25,  the employer did not provide a medical evaluation to determine the ability of each employee to use a respirator for an employee that was required to wear a half-face air purifying respirator with P100 filters while using a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.  d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not provide a medical evaluation to determine the ability of each employee to use a respirator for an employee that was required to wear a half-face air purifying respirators with P100 filters while using an electric demolition hammer to break up concrete pavement under road barrier guardrails.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer did not provide a medical evaluation to determine the ability of each employee to use a respirator for an employee that was required to wear half-face air purifying respirator with P100 filters while using an electric angle grinder and an electric demolition hammer to remove concrete pavement under road barrier guardrails.   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

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer did not provide an initial fit test for an employee that was required to wear 3M N95-Type filtering facepiece respirator when using an electric angle grinder to remove concrete under road barrier guardrails.  b) On or about 9/3/25, On or about 9/3/25,  the employer did not provide an initial fit test for an employee that was required to wear 3M N95 filtering facepiece when using a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.  c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25,  the employer did not provide an initial respirator fit test  for an employee who was required to use a half-face air-purifying respirator when using a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface and was exposed to 699 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 14 times more than the eight-hour time-weighted average permissible exposure limit (PEL) of 50 micrograms of rcs per cubic meter of air (ug/m3).  The sampling  time was for 435 minutes  and zero exposure was assumed for the unsampled period of time.   d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, he employer did not provide an initial respirator fit test  for an employee who was required to use a half-face air-purifying respirator when using an electrically-powered demolition hammer to break up concrete pavement under road barrier guardrails and was exposed to 171 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 3.41 times the eight-hour time-weighted average permissible exposure limit of 50 micrograms of rcs per cubic meter of air (ug/m3).  The  sampling  time was for 435 minutes and zero exposure was assumed for the unsampled period of time.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer did not provide an initial respirator fit test for an employee who was required to use a half-face air-purifying respirator when using an electrically-powered demolition hammer and an electric angle grinder to remove concrete pavement under road barrier guardrails.   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

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer did not fully and properly implement engineering controls and work practices as required by Table 1, when an employee used an electric angle grinder to remove concrete under road barrier guardrails.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/3/25, the employer did not fully and properly implement engineering controls and work practices as required by Table 1, when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.    c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not fully and properly implement engineering controls and work practices as required by Table 1, when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface and was exposed to 699 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 14 times more than the eight-hour time-weighted average permissible exposure limit (PEL) of 50 micrograms of rcs per cubic meter of air (ug/m3).  The sampling  time was for 435 minutes  and zero exposure was assumed for the unsampled period of time.   d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, the employer did not fully and properly implement engineering controls and work practices as required by Table 1, when an employee that used an electric demolition hammer to break up concrete pavement under road barrier guardrails and was exposed to 171 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 3.41 times the eight-hour time-weighted average permissible exposure limit of 50 micrograms of rcs per cubic meter of air (ug/m3).  The  sampling  time was for 435 minutes and zero exposure was assumed for the unsampled period of time.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer did not fully and properly implement engineering controls and work practices as required by Table 1, when an employee used an electric demolition hammer and electric angle grinder to remove concrete under road barrier guardrails.   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

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $0 · Current $0

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:    a) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, 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 an employee used an electric angle grinder to remove concrete under road barrier guardrails.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/3/25, 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 an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.  c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, 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 an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface and was exposed to 699 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 14 times more than the eight-hour time-weighted average permissible exposure limit (PEL) of 50 micrograms of rcs per cubic meter of air (ug/m3).  The sampling  time was for 435 minutes  and zero exposure was assumed for the unsampled period of time.   d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, 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 an employee that used an electric demolition hammer to break up concrete pavement under road barrier guardrails and was exposed to 171 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 3.41 times the eight-hour time-weighted average permissible exposure limit of 50 micrograms of rcs per cubic meter of air (ug/m3).  The  sampling  time was for 435 minutes and zero exposure was assumed for the unsampled period of time.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25, 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 an employee used an electric demolition hammer and an electric angle grinder to remove concrete pavement under road barrier guardrails.  The employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer allowed dry sweeping of dust containing respirable crystalline silica (rcs) which was created by the scarifying machine being used to remove surface layers of the parking garage's concrete road surface.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer allowed dry sweeping of dust containing respirable crystalline silica (rcs) which was created by the scarifying machine being used to remove surface layers of the parking garage's concrete road surface.   The employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $4,965 · Current $2,979 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1926.1153(g)(1): The employer did not establish and implement a written exposure control plan:    a) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer did not establish and implement a written respirable crystalline silica exposure control plan when an employee used an electric angle grinder to remove concrete under road barrier guardrails.  b)  70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/3/25, the employer did not establish and implement a written respirable crystalline silica exposure control plan when an employee used when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.  c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer did not establish and implement a written respirable crystalline silica exposure control plan when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface and was exposed to 699 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 14 times more than the eight-hour time-weighted average permissible exposure limit (PEL) of 50 micrograms of rcs per cubic meter of air (ug/m3).  The sampling  time was for 435 minutes  and zero exposure was assumed for the unsampled period of time.   d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25,  On or about 9/12/25, the employer did not establish and implement a written respirable crystalline silica exposure control plan when an employee that used an electric demolition hammer to break up concrete pavement under road barrier guardrails and was exposed to 171 micrograms of respirable crystalline silica (rcs) per cubic meter of air (ug/m3) which was 3.41 times the eight-hour time-weighted average permissible exposure limit of 50 micrograms of rcs per cubic meter of air (ug/m3).  The  sampling  time was for 435 minutes and zero exposure was assumed for the unsampled period of time.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25,  On or about 9/12/25, the employer did not establish and implement a written respirable crystalline silica exposure control plan when an employee used an electric demolition hammer and an electric angle grinder to remove concrete pavement under road barrier guardrails.  The employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $4,965 · Current $2,979 Reduced

Hazardous substances 9000

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica when an employee used an electric angle grinder to remove concrete under road barrier guardrails.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/3/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica when an employee used a gasoline-powered scarifying machine  to remove surface layers of the parking garage's concrete road surface.  c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.  d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:     On or about 9/12/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica when an employee used an electric demolition hammer to break up concrete pavement under road barrier guardrails.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:     On or about 9/12/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the health hazards associated with exposure to respirable crystalline silica when an employee used an electric demolition hammer and an electric angle grinder to remove concrete under road barrier guardrails.  The employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific tasks in the workplace that could result in exposure to respirable crystalline silica when an employee used an electric angle grinder to remove concrete under road barrier guardrails.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/3/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific tasks in the workplace that could result in exposure to respirable crystalline silica when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.  c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific tasks in the workplace that could result in exposure to respirable crystalline silica when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface.  d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:     On or about 9/12/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific tasks in the workplace that could result in exposure to respirable crystalline silica when an employee used an electric demolition hammer to break up concrete pavement under road barrier guardrails.   e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:     On or about 9/12/25, the employer did not ensure that employees could demonstrate knowledge and understanding of the specific tasks in the workplace that could result in exposure to respirable crystalline silica when an employee used an electric demolition hammer and an electric angle grinder to remove concrete under road barrier guardrails.  The employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Mar 2, 2026

Abate by

Apr 6, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 9000

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) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, 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 (rcs) when an employee used an electric angle grinder to remove concrete under road barrier guardrails.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/3/25, 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 (rcs) when an employee used a gasoline-powered scarifying machine  to remove surface layers of the parking garage's concrete road surface.  c) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/12/25, 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 (rcs) when an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface without using engineering controls (e.g., attaching the machine to a vacuum system to capture rcs) and administrative controls (e.g., adequately wetting down the road surface while the work was  occurring to reduce airborne rcs).   d) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:     On or about 9/12/25, 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 (rcs) including work practices (e.g., wetting surfaces adequately to reduce airborne rcs) when an employee used an electric demolition hammer to break up concrete pavement under road barrier guardrails.  e) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:     On or about 9/12/25, 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(rcs) including engineering controls to (e.g., ensuring the proper functioning of a the vacuum exhaust system to ensure capture of rcs dust being generated) and administrative controls (e.g., wetting surfaces adequately to reduce airborne rcs) when using an electric angle grinder and a electric demolition hammer to remove concrete pavement under road barrier guardrails.  The employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Mar 2, 2026

Penalty

Initial $2,837 · Current $1,703 Reduced

General-duty citation text

29 CFR  1926.102(a)(1): The employer did not ensure employees used eye and face protection equipment when machines or operations presented potential eye or face injury from physical, chemical, or radiation agents:   a) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25,  an employee used a gasoline-powered scarifying machine to remove surface layers of the parking garage's concrete road surface was exposed to flying particles and the employer did not ensure that appropriate appropriate eye protection (e.g., safety glasses or equivalent) was used.  b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:  On or about 9/12/25,  an employee using an electric demolition hammer to break up concrete pavement under road barrier guardrails was exposed to flying particles and the employer did not ensure that appropriate eye protection (e.g., safety glasses or equivalent) was used.  Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Mar 2, 2026

Penalty

Initial $2,837 · Current $1,703 Reduced

General-duty citation text

29 CFR  1926.152(a)(1):  Containers other than approved metal safety cans or DOT approved containers were used for the handling and use of flammable liquids in quantities of 5 gallons or less:  a) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:   On or about 9/12/25, employees poured gasoline from an unapproved container to fill up the fuel tank of the gasoline-powered scarifying machine.   Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Mar 2, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.416(e)(1):   Worn or frayed electric cords or cables were used:  a) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoor Top Level:    On or about 9/3/25, an employee used  extension cords to power an angle grinder and one cord had damaged/cut outer insulation and another cord had a burned/damaged plug blade and missing ground pin.  Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.

Issued

Mar 2, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.405(a)(2)(ii)(I): Flexible cords and cables shall be protected from damage. Sharp corners and projections shall be avoided. Flexible cords and cables may pass through doorways or other pinch points, if protection is provided to avoid damage.  a) 70 Ferris Avenue, White Plains, NY - Near Parking Garage- Ground Level Maintenance Storage Room:  On or about 9/3/25, an extension cord plugged into an outlet in the room was used to supply power to an electric demolition hammer and the cord was not protected against damage when passing through the door and door fame.   b) 70 Ferris Avenue, White Plains, NY - Parking Garage - Outdoors - Need Doorway /Top Floor Area:  On or about 9/12/25, extension cords supplying power to demolition hammers were wrapped around the sharp edges of metal road barrier guardrails.  c) 70 Ferris Avenue, White Plains, NY - Near Parking Garage- Ground Level Maintenance Storage Room:  On or about 9/12/25, an extension cord plugged into an outlet in the room was used to supply power to an electric demolition hammer and the cord was not protected against damage when passing through the door and door fame.   Because abatement of this violation is already documented in the inspection file, the employer need not submit certification or documentation of abatement for this violation as normally required by 29 CFR 1903.19.