OSHA Inspection: A. MALEK CONTRACTING, LLC

Issued

Oct 12, 2023

Abate by

Nov 30, 2023

Penalty

Initial $2,009 · Current $2,009

General-duty citation text

As referred to by 29 CFR 1926.59:  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: (Construction Reference: 1926.59)  Location: a) Worksite; Front yard  a) On or about 4/19/2023, employees of A. Malek Contracting, LLC were demolishing cement during fa�ade restoration work on site and were exposed to hazardous chemicals including, but not limited to, crystalline silica without being provided a written hazard communication program by the employer.

Issued

Oct 12, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

As referred to by 29 CFR 1926.1153(i)(1):  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: (Construction Reference: 1926.59)  Location: a) Worksite; Front yard  a) On or about 4/19/2023, employees of A. Malek Contracting, LLC were demolishing cement during fa�ade restoration work on site and were exposed to hazardous chemicals including, but not limited to, crystalline silica. The employees did not receive training on health hazards associated with crystalline silica.

Issued

Oct 12, 2023

Penalty

Initial $4,688 · Current $4,688

General-duty citation text

29 CFR  1926.451(e)(1): When scaffold platforms were more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type ladders (such as ladder stands), ramps, walkways, integral prefabricated scaffold access, or direct access from other scaffold, structure, personnel hoist, or similar surface was not used.   Location: a) Worksite; Front yard.  a) a) On or about 4/19/2023, employees were exposed to fall hazards of approximately 7 feet when accessing the second tier of the scaffold. Employees were not provided with safe access in that they stepped from the top of the building's permanent front entrance stair rail across a gap of approximately 3 feet to reach the scaffold's working platform.

Issued

Oct 12, 2023

Abate by

Nov 30, 2023

Penalty

Initial $4,688 · Current $4,688

General-duty citation text

29 CFR  1926.454(a)(1):The employer failed to have each employee who performs work while on a scaffold trained regarding the nature of any electrical hazards, fall hazards and falling object hazards in the work area.  Location: a) Worksite; Front yard.  a) On or about 4/12/2023 and 4/19/2023, employees did not receive training which enabled them to recognize the hazards of falling. Employees were exposed to fall hazards, throughout the worksite, when accessing/dismounting the working platform of the scaffold's second tier in the front yard.

Issued

Oct 12, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.503(a)(1): The employer did not provide a training program for each employee potentially exposed to fall hazards to enable each employee to recognize the hazards of falling and the procedures to be followed in order to minimize these hazards:  Location: a) Worksite; Front yard.  a) On or about 4/12/2023 and 4/19/2023, employees did not receive training which enabled them to recognize the hazards of falling. Employees were exposed to fall hazards, throughout the worksite, when walking on and working from the top of the building's permanent front entrance stair rails.

Issued

Oct 12, 2023

Penalty

Initial $4,688 · Current $4,688

General-duty citation text

29 CFR  1926.501(b)(1): Each employee on a walking/working surface with an unprotected side or edge which was 6 feet (1.8 m) or more above a lower level was not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.  Location: a) Worksite; Front yard.  a) On or about 4/12/2023 and 4/19/2023, employees were exposed to fall hazards of approximately 7 feet when they stood on top of the building's permanent front entrance stair rails.

Issued

Oct 12, 2023

Penalty

Initial $4,688 · Current $4,688

General-duty citation text

29 CFR  1926.1051(a): Stairway(s) or ladder(s) were not provided at all personnel points of access where there was a break in elevation of 19 inches (48 cm) or more, or no ramp, runway, sloped embankment, or personnel hoist was provided.  Location: a) Worksite; Front yard.  a) On or about 4/12/2023 and 4/19/2023, employees climbed and stood on the top of the building's permanent front entrance stair rails which had a break in elevation of approximately 3 feet.

Issued

Oct 12, 2023

Abate by

Nov 16, 2023

Penalty

Initial $2,009 · Current $2,009

General-duty citation text

29 CFR  1926.1153(d)(2)(ii): The employer did not assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica:  Location: a) Worksite; Front yard  a) On or about 4/19/2023, employees of A. Malek Contracting, LLC were demolishing cement during fa�ade restoration work on site and were exposed to the hazards of crystalline silica. The employer did not assess the 8-hour TWA exposure for employees on site.

Issued

Oct 12, 2023

Abate by

Nov 30, 2023

Penalty

Initial $2,009 · Current $2,009

General-duty citation text

29 CFR  1926.1153(e)(1): Where respiratory protection was required by this section, the employer did not provide each employee an appropriate respirator that complied with the requirements of this paragraph and 29 CFR 1910.134.  Location: a) Worksite; Front yard  a) On or about 4/19/2023, employees of A. Malek Contracting, LLC were demolishing cement during fa�ade restoration work on site and were exposed to the hazards of crystalline silica without being provided appropriate respirators.

Issued

Oct 12, 2023

Penalty

Initial $3,349 · Current $3,349

General-duty citation text

29 CFR  1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye.  Location: a) Worksite; Front yard.  a) On or about 4/12/2023, the employer did not report to OSHA within 24 hours upon learning about the in-patient hospitalization of an employee that fell and was unconscious at the worksite.