OSHA Inspection: SMASH THERAPY, INC.

Issued

Jul 15, 2026

Abate by

Aug 17, 2026

Penalty

Initial $2,837 · Current $1,710 Reduced

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) Facility - 1225 Jefferson Road, Suite 24, Rochester, NY - On or about and prior to 04/08/2026, and ongoing, the employer did not establish a written respiratory protection program that included provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures for employees required to wear employees required to wear elastomeric M-6200, half-face respirator with filter 3M-60923 Organic Vapor cartridge while sweeping and cleaning materials from the floor.  Written respiratory protection program elements include: (i)	 Procedures for selecting respirators for use in the workplace; (ii)	 Medical evaluations of employees required to use respirators; (iii)	 Fit testing procedures for tight-fitting respirators; (iv)	 Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;  (v)	 Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators; (vi)	 Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators; (vii) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; (viii) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and (ix)	 Procedures for regularly evaluating the effectiveness of the program.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 15, 2026

Abate by

Aug 17, 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) Facility, 1225 Jefferson Road, Suite 24, Rochester, NY - On or about and prior to 04/08/2026, and ongoing, the employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before employees were required to wear elastomeric respirators.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 15, 2026

Abate by

Aug 17, 2026

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) Facility, 1225 Jefferson Road, Suite 24, Rochester, NY - On or about and prior to 04/08/2026, and ongoing, employees were not fit tested prior to wearing elastomeric M-6200, half-face respirator with filter 3M-60923 Organic Vapor cartridge while sweeping and cleaning materials from the floor.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 15, 2026

Abate by

Aug 17, 2026

Penalty

Initial $2,837 · Current $1,710 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1025(l)(1)(i): Employee(s) working in an area where there is potential exposure to airborne lead at any level were not informed of the content of Appendices A and B of 29 CFR 1910.1025:    a) Facility - 1225 Jefferson Road, Suite 24, Rochester, NY - On or about and prior to 04/16/2026, and ongoing, employee(s) working in an area where there is potential exposure to airborne lead at any level were not informed of the content of Appendices A and B of 29 CFR 1910.1025.  Employees were handling, sweeping and cleaning materials from the floor.  Surface wipe samples collected from the Rage Room =12.9 ?g - 40.3 ?g  of lead.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 15, 2026

Abate by

Aug 17, 2026

Penalty

Initial $2,837 · Current $1,710 Reduced

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:  a) Facility - 1225 Jefferson Road, Suite 24, Rochester, NY - On or about and prior to 04/08/2026, and ongoing, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.  Employees have chemicals in their work area such as, but not limited to Lead, Powered Chameleon and UV Neon Event Paint.   A written program should include descriptions of how the criteria for:  1.   Labeling and other forms of warning;  2.   Safety Data Sheets such as but not limited to; AND  3.   Employee information and training will be met.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non routine tasks and the informing of contractors of workplace hazard must also be addressed.  The written program must be made available upon request.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 15, 2026

Abate by

Aug 27, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):  Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    a) Facility - 1225 Jefferson Road, Suite 24, Rochester, NY - On or about and prior to 04/08/2026, and ongoing.  Employees in the facility have chemicals in their work area such as but not limited to Lead, Powered Chameleon, and UV Neon Event Paint, were not provided with information and training on the hazardous materials that they work with.      Employee information shall include at least:       1.   The requirements of this section:       2.   Any operations where hazardous chemicals are present; AND       3.   The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and              Safety Data Sheets.         Employee training shall include at least:         1.   Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area.       2.   The physical and health hazards of the chemicals in the work area.       3.   The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used.       4.   The details of the employers Hazard Communication Program including an explanation of labeling systems, Safety Data Sheets and how employees can obtain and use the appropriate hazard information.    ABATEMENT CERTIFICATION REQUIRED