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Violation Detail

Standard Cited: 19261153 I02 I C  

Inspection Nr: 1756903.015

Citation: 01004B

Citation Type: Other

Abatement Status: Abatement Completed

Initial Penalty: $0.00

Current Penalty: $0.00

Issuance Date: 07/23/2024

Nr Instances: 4

Nr Exposed: 4

Abatement Date: 08/26/2024

Gravity: 5

Report ID: 0216000

Contest Date: 08/14/2024

Final Order: 06/05/2025

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 06/05/2025 $0.00 08/26/2024 Other  
Penalty C: Contested 08/15/2024 $0.00 08/26/2024 Serious  
Penalty Z: Issued 07/23/2024 $0.00 08/26/2024 Serious  

Text For Citation: 01 Item/Group: 004B Hazard:

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) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing: On or about 1/24/24, 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, including engineering controls when the employee used a cut-off saw to demolish a section of brick wall without using the employer provided high flow exhaust fan/flexible duct to capture and remove dust as it was generated. b) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing: On or about 1/25/24, 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, including engineering controls when an employee used a chipping hammer to demolish a section of brick wall and positioned the employer provided high flow exhaust fan in a position that would draw the airborne dust being towards the employee. c) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing: On or about 2/7/24, 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, including engineering controls when an employee used a cut-off saw to demolish a section of concrete wall without using the employer provided engineering control ( e.g., a high flow exhaust fan/flexible duct) to capture airborne dust. d) Shrub Oak School, 3151 Stoney Street, Shrub Oak, NY - East Wing: On or about 2/8/24, 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, including engineering controls when an employee used a chipping hammer to demolish a section of brick wall and positioned the employer provided high flow exhaust fan in a position that would draw the airborne dust being towards the employee. 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.

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