Text For Citation: 01 Item/Group: 001B Hazard:

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: (Construction Reference 1926.103) (a) On or about 08/18/2023 at 114 5th Avenue New York, NY 10011, employees jack hammering concrete and brick were required to wear a 3M half-face N-95 respirator. The employer did not provide these employees with a medical evaluation to determine their ability to use a respirator. 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