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:
| 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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