Text For Citation: 01 Item/Group: 007 Hazard:

29 CFR 1926.1203(a): Before work begins, the employer did not ensure that a competent person identifies all confined spaces in which one or more of the employees are to enter through consideration and evaluation of the elements of that space, including testing as necessary: (a) On or about 04/27/2022 at 35 Frankfort Street New York, NY 10038, an employee sprayed a flammable primer onto a beam while inside of a permit required confined space (PRCS) located at Span 21. The employer failed to test the internal atmosphere of the PRCS prior to employee entry and continuously during spray application of the primer. 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.