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C

Rick Dugan
Supervising Safety & Health Inspector
May 18, 2016

Department of Labor
Public Employee Safety & Health Bureau
44 Hawley St., Rm. 901
Binghamton, NY 13901
www.labor.ny.qov duqan.rickdoI.qov
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Address Reply to:


Undersigned at above address

COMPLAINT INFORMATION
DATE OF COMPLAINT LETTER

DATE LETTER RECEIVED

December 31, 2015

January 4, 2016

LOCATION OF FACILITY

Alexandria Town Highway Department


28239 County Route 192
Redwood, NY 13679
SUBJECT(S) OF COMPLAINT

a) Employee concerns of being exposed to possible asbestos and lead hazards


while conducting demolition work at 7 Market St. Alexandria Bay, NY 13607.
b) Employee concerns about proper personal protective equipment provided for
demolition work.
c) Employee concerns about handling of workplace violence incidents at the Town
Highway Department located at 28239 Cty Rte 192, Redwood, NY 13679.
d) Employee concerns about poor ventilation in the welding area at the Town
Highway Department located at 28239 Cty Rte 192, Redwood, NY 13679.
SAFETY AND HEALTH STANDARD(S) INVOLVED

29
29
29
29
12

CFR 1910134 Respiratory Protection


CFR 1910.252 Welding, Cutting and Brazing
CFR 1926.62 Lead
CFR 1926.1101 Asbestos
NYCRR Part 800.6 Workplace_Violence Prevention

f1jQRK Depaitmont
of Labor

An investigation of your complaint, described above, has been completed. A review of


the material you submitted and an onsite inspection of the workplace revealed violations
related to the item(s) listed in your complaint and your complaint is sustained.
A Notice of Violation and Order to Comply has been issued to the employer
responsible for the facility.
If you disagree with the results of this investigation, you may request an informal review
of this matter by contacting me at the address shown above within twenty days of the
date of this letter.
Very truly yours,
Rick L5ugan
Supervising Safety & Health Inspector

rj

DoJ3I1n1flt
ci Labor

New

York State Department of Labor

Public 1Anployee Safety

and Health Bureau


150 South Sahuia Street, Room 202
racuse, NY 13202
Phone: (315) 4.79-3212 Fax: (315) 179-3151

Notice of Violation and Order to Comply


To:
lown Supervisor
Town of Alexandria
16372 CR#1
Alexandria Bay, NY 13607

Irispectio;t Number:
Iiispection Date(s):
Issuance Date:
CSIIO ID:

Inspection Site:
Alexandria Town Highvay 1)eparhnent
28239 CR# 192
Redwood, NY 13679

The 1i(ilrftIOJl (s) described in uij: Notire of Violation and


Compivic (,%FV) alleged to have OCCtIITC(I oil or about
the dav(c) the inspection ti mar/c unless othcnt7ceiid/1 d.
itithin the dcwcnUoiigiteii be/ott.
,.%

1 123416
01/07/20 16-01/07/2016
05/18/2016
118420

Order to

This Notice of Violation and Order to Comply (this Notice) describes violations of the Public Employee Safety and
health Act of 1980. You must abate the violations cited in this Notice by the dates listed below. An employer who
wishes to file an appeal of the violation(s) cited, including hut Hot limited to appeals winch raise issues concerning the
application of the cited standard(s) to the employer or [C) the violation(s) cited, as well as issues concerning the
appropnateimess of the abatement period(s), rutist do so within 60 clays of [he issuance date of [iris Notice by hhHg a
petitiol) with the Industrial Board ol Appeals. Appeals of the violation(s) cited, including but not limited to appeals
raising the issues listed above, will be considered time barred if not filed within the 60 day period. Tire details of such
appeal process are set forth at 12 NYCRR Part 65 et sect and Section 101 of the Labor Law. Additional information
may also be ohtaincd from the Inclustnal Boaicl of Appeals at their wuhsite wwwjahor.state.ny.us/iha.

Posting The law requires that a copy of this Notice be posted immediately in a prominent place at or near the location of
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the violation(s) cited below. This Notice must remain posted until the violation(s) cited below have been abated, or for 3
working days (excluding weekends and State holidays), whichever is longer.

Penalty Assessment - An employer that fails to correct a violation by its abatement date is subject to a PER DAY penalty
assessment. We will assess a penalty of up to $50 per day for each non-serious violation, and up to $200 per day for each
serious violation, until the violations are corrected. The penalty assessed for each violation will appear in the Failure to Abate
notice.

Informal Conference - If an informal conference is requested, it must be made to the nearest PESH district office by
telephone or letter, within 20 working days from the date of issuance given on this Notice.
Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement
steps taken thus far.

Notice ofViolation arid Order to Comply

Page 1 of 20

NYPESH-2 (Rev. 4/12)

Employer Discrimination Unlawful The law prohibits discrimination by an employer against an employee for filing a
-

complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against
may file a complaint no later than 30 days after the discrimination occurred with the PESH district office at the address
shown above.
Employer Rights and Responsibilities The enclosed booklet (P907) outlines additional employer rights and
responsibilities and should be read in conjunction with this notification.
-

Notice to Employees An employee (or an authorized employee representative) may object to the abatement date set for
a violation if the employee believes the date to be unreasonable. The objection must be filed at the nearest PESH district
office within fifteen (15) working days (excluding weekends and State holidays) from the posting of this Notice.
-

Noiice of Violanori and Order to Comply

Page 2 of 20

NYPESH-2 (Rev. 4/12)

New York State Department of Labor


Public Employee Safety and Health Bureau

Inspection Number:
Inspection Date:
Issuance Date:
CSIIO ID

1123416
01/07/2016-01/07/2016
05/18/2016
118120

Notice of Violation and Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Ctv Rte 192 Redwood, NY 13679
Citation 1 Item 1

Type of Violation: Serious

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i)
(ix) with woi-ksite specific procedures was not established and implemented for required respirator use:

Location:

Alexandria Town Highway Department

lhc employer did not establish arid implement an efi ctive written respiratory protection program that included the
provisions in 29 CFR 1910.l34(c)(1)(i) (ix) with worksitc specific procedures. Employees were required to wear
Allegro NOVA 2000 supplied air respirators Ihr sandblasting operations, and 3M N07 182 half mask clastomeric
respirators without a written respiratory protection program in place.

a)

Note:

A written respiraton protection program is also required by 29 CFR 1926.62(cl)(2)(i)(a) and


29 CFR 1926.1101 (Ii) (2) (i).

Date by Which VkstJ AbailT,

Citation 1 Item 2

Type of Violation:

July 27, 2016

Serious

29 CFR 191t).131(cI)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including
a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state
and physical form:

Location:
a)

Alexai icira Iowmi Highway Department

The employer did not document, through personal air monitormg on lugliwav department personnel, an estimate
of employee exposure to air contaminants to base their selection of respirators. Employees could he exposed to
respiratory hazards resulting from improperly selected respirators. \Vithout documentation, air contaminant
concentrations clunng certain operations may exceed the maximum capacity of the air-purifying respirators selected
for use.
The employer required employees to utilize a combination of 3M N07 182 half mask elastomeric respirators, 3M
dust masks, unknown model clastorneric respirators, and Allegro Industries NOVA 2000 supplied air respirators
for a variety of task.s.

Note:

Selection of proper respiratory protection additionally required by 29 CFR 1926.62(d)(2)(i)(a),


29 CFR 1926.1101(h) (1) and 29 CFR 1926.1101(h) (3) ti) (a).

1vVFich Vii 1din MitP. 1iT

AstF7Uiib

Sec pages 1 through 2 of this Nodcc of Violation and Order to Comply for information on employer and employee rights and rcsponsibililics.
Notice ot Violation and Order to Comply
Page 3 of 20
NrTESH2 (Re. 4/12)

New York State Department of Labor


Public Employce Safety and Health Bureau

Inspection Number: 1123416


Inspection Date:
01/07/2016-01/07/2016
Issuance Date:
05/18/2016

CSHO ID
Notice of Violation

118120

arid Order to Comply

Establishment: Alexandria Tn Hwy Dept


Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 1 Item 3

Type of Violation:

Serious

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employees ability to use a
respirator, before the employee was fit tested or required to use the respirator in the workplace:
Location:
a)

Alexandria lown Highway 1)epartment

Tire employer did not provide medical evaluations to detemune die employees ability to use a respirator prior to
fit testing. Medical evaluations were conducted by an outside provider and no documentation of medical evaluations
were available from the employer. Documentation pi-ovidcd did not include Recommendation for Respirator Use
forms as indicated by the provider contract, and fit test asici training records provided made no mention of the
employees medical evaluation and ability to use a respirator.

Note: The employer may discontinue an employees medical evaluations when die employee is no longer permitted to use
a respirator.
Diite h

Citation 1 Item 4

Type of Violation: Serious

29 CfR 1910.134(fl(1): The employer did not ensure that employee(s) required to use a tight-fitting face piece respirator
passed the appropriate qualitative fit test (QIYI) or quantitative fit test (QNFT):

Location:

Alexandria Town Higi iway 1) epartm cnt

a)

Tire employer did not ensure that an employee reciuired to use a tight-fitting face piece respirator passed i test
conducted on 08/22/20 14. The fit test report indicated that the employee needed to be provided a new respirator
and retested. A new respirator was not provided arid a retest was not conducted.

h)

On or about 12/17/2015 and 12/18/2015 employees were required to use 3M N07184 elastomeric half mask
respirators. Employees were last fit tested on 06/22/2014 and a second fit test was riot conducted annually prior to
respirator use.

Date

by Which

;;

jj06,2016

Sec pages 1 through 2 of this Nodcc of Violation and Order to Comply for informadon on employer and employee righrs and rcsponsibiliiacs.
Notice of Vio1aon amid Order to Comply
Page 4 of 20
NYPESH2 (Ret. 4/12)

New York State Department of Labor


Public Employee Safrty and Health Bureau

Inspection Number: 1123416


Inspection Date:
01/07/2016-01/07/2016
Issuance Date:
05/18/2016

CSIIO ID

118420

Notice of Violation and Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 1 Item S

Type of Violation: Serious

29 CFR 1910.134(h)(1): Respirators that failed an inspection or were otherwise found to be defective were not removed
from service and discarded or repaired:
a)

The employer failed to remove from service a respirator that was identified to he unstutable for tue during fit testing
on 08/22/2014. The respirator was identified as approximately 20 years old by the PLHCP conducting fit testing.
and a new mask was suggested by the medical facility conducting the Ia testing. The employer did not remove the
respirator from service and the employee was not provided a new respirator or additional fit testing.

Date by Wliih Violation Must Pe Abdt


Citation 1 Item 6

May

Type of Violation: Serious

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training on respiratory protectIon
annually and/or more often if necessary:
I ocation:

Alexandria lown Higtmvay Departirient

a)

The employer did not provide annual traulmg on respiratory pi-otection that was comprehensive and
understandable. Training was conducted on or about 08/21/2014-08/22/2014 during fit testing by an outside
provider, and was not repeated following that date. Employees were utilizing respirators on 12/17/2015 and
12/18/2015 more than one year following training.

Note:

Comprehensive respiratory protection training additionally required by 29 CFR 1926,62(cI)(2)(i)(a),


29 CFR 1926.62(1) (2) (iii), and 1926.1101(k) (9) (i).
imilt-sn Milt T4.

flit

Citation 1

Item

Iype

of

\if)latioll:

iiiif i7 2U1

Serious

29 CFR 1910.252(h)(2)(iii): Workers and other persons adjacent to the welding area were not protected from the rays by
noncombustible or flameproof screens or shields:

I o cation:
a)

Alexanclria lown 1ligliway Department

Employees conduct welding operations in an open garage bay without flameproof screens or shields to protect
employees passing through the area from welding rays. Employees exposed to welding rays leading to vision loss.

1)ate1wVhch Vinliticin-Miif 1 AF.t-T

1uly0G2Ol6

See pages 1 through 2 of this Notice of Violation and Order to Comply for information on employer and employee rights and responsibiliti
es.
Notice of Violation and Order to Comply
Pages of 20
NYPESH-2 (Rev. 4/12)

New York State Department of Labor


Public Employce Safety and Health Bureau

Inspection Number: 1123416


Inspcction Datc:
01/07/2016-01/07/2016
Issuance Date:
05/18/2016

1-18120

CSIIO ID

Notice of Violation and Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood. NY 13679

Citation 1 Item $

Type of Violation:

Serious

29 CFR 1910.252(b) (3): Employces exposed to the hazards created by wclding, cutting, or brazing operations were not
protected by personal protectne equipment in accordance with the requirements of 29 CFR 1910.132:

Location:
a)

\lexan(lria 1 own Highway 1)epartrnent

Employees conduct welding operations in an open garage bay without fame-resistant clothing, such as
leather gloves, sleeves, or other welding specific pcrsonai protective equipment. Employees exposed to sparks arid
fume related to welding operations.

Date by 4Vhich Violation Must 13e Ahated


Citation I Item 9

Type of Violation:

Serious

29 CFR 1910.1026(d) (1): The employer with a workplace or work operation covered by this standard did not determine the
8-hour time-weighted average exposure br each employee exposed to chromium (vi):
Location:
a)

Alexandria Town Highway Department

The employer did not determine the 8-hour time-weighted average exposure for each employee exposed to
chromium (VI). Employees use 1-lobait Brothers Company 1-lard surfacing and cobalt based flux cored and metal
cored welding wires which contain up to 35% chromium by weight. The employer is to make this determination in
accordance with cither paragraph (d)(2), the scheduled monitoring OptiOii, Or paragraph (cl)(3), the performance
oriented opuoti.

D1c 1w

Sec pages 1 through 2 of this Nodcc of \ioladon and Order to Comply for
Notice of Violation and Order co Comply

Septenther 29. 2016

mformation on crnplovcr

Page

Got

20

and employee rights and

responsibilities.

NYPESH-2 (Rev. 112)

New York State Department of Labor


Public Employee Safely and Health Bureau

Notice of Violation and Order to

Inspection Number:
Inspection Date:
Issuance Date:
CSIIO ID

1123416
01/07/2016-01/07/2016
05/18/2016
1-18120

Comply

Establishment: Alexandria Tn Hwy Dept


Inspection Site: 28239 Cty Rte 192 Reclwood, NY 13679

Citation 1 Item 10

Type of Violation:

Serious

29 CFR 1926.62(d)(1)(i): Each employer who had a workplace or operation covered by 29 CFR
1926.62 did not initiall
determine if any employee was exposed to lead at or above the action level of 30 micrograms per cubic meter
of air (30
ug/m3) calculated as an 8-hour time-weighted average (T\VA):
I ocation:
a)

Alexaticina lown Highway Department

On or about 12/17-12/18/2015, employees conducted manual demolition operations in areas containing lead paint
at the Chamber of Commerce Building, 7 Market St. Alexandria Bay, NY 13607. The employer did not conduct
initial exposure monitoring to determine if employees were exposed to lead at or above the action level.

Complied During Inspection:

The employer ceased conducting demolition operations at the Chamber of Commerce


Building, 7 Market St. Alexandria Bay, NY 13607.

Datay WhmchVioiaon Mif!e Abattxl


Citation 1 Item 11

Type of Violation:

.rctca igsjc

Serious

29 CFR 1926.62(d)(2)(i): Until the employer l)erformed an employee exposure assessment, required
as
in 29 CFR
1926.62(d), and documented that the employee(s) perlormmg any of the listed tasks was not exposed
above the Permissible
Exposure Limit (PEL), the employer did not treat affected employee(s) as if they were exposed above the
PEL, and not in
excess of ten times the PEL, and did not implement employee protective measures prescribed in 29
CFR
1926.62(d) (2) (v) (a) through (0:
Location:
Location:

Alexandria Town Highway Department


Town of Alexandria Chamber of Commerce Building
7 Market St. Alexandria Bay, NY 13607

a)

Respiratory Protection

i)

On or about 12/17-12/18/2015, employees conducted manual demolition operations in areas contaimug


lead paint.
The employer did riot implement employee protective measures prescribed in 29 CFR
1926.62(cD(2)(v) for
employees tasked with conducting demolition operations in lead containing areas. Employees were
not provided
with appropriate interim respiratory protection for conducting demolition around
lead. 29 CFR 1926.62(d) (2)(v) (a),
29 CFR l926.620(1)(iv)

Sce pages 1 through 2 of this Noticc of Violation and Order to Comply for
infortnation on crnploycr and cmploycc rights and rcsponsibilitics.
Notice of Violation and Order Lo Comply
Page 7 of 20
NYPESH-2 (Rev. 4/12)

New York State Department of Labor


Public Employee Safety and Health Bureau

Notice of Violation

and

Inspection Number:
Inspection Date:
Issuance Date:
CSHO ID

1123416
01/07/201 6-0 1/07/2016
05/18/2016
118420

Order to Comply

Establishment: Alexandria Tn Hwy Dept


Inspection Site: 2$239 Cty Rtc 192 Redwood, NY 13679

ii)

On or about 12/17-12/18/20 15, employees conducted manual clemohtion operations in areas containing lead paint.
The employer (lid not implement employee protective measures prescribed in 29 CFR 1926.62(cl)(2)(v) for
employees tasked with conducting demolition operations in lead containing areas. ihe empk)yer did not implement
a respiratory protection program ill accordance wall 1910.134 for the proper use of respirators while conducting
demolition around lead. 29 CFR 1926.62(d) (2) (v) (a), 29 CFR 1926.62(1) (2) (i)

iii)

On or about 12/17-12/18/20 15, employees conducted manual demolition operations in areas containing lead paint.
The employer did not provide and ensure that each employee used appropriate protective work clothing and
equipment that prevented contamination of the employees and the employees gannents while working in an area
containing lead. 29 CFR 1926.62(d)(2)(v)(b), 29 CFR l926.62(g)(l)

iv)

On or about 12/1712/18/2015, employees conducted manual demolition operations 111 areas cotitanung lead paint.
The employer did not implement employee protective measures prescribed in 29 CfR 1926.62(cl)(2)(v) for
employees tasked with conducting demolition operations in lead containing areas, Employees were riot proidcd
with appropriate changing areas while conducting demolition operations in lead paint containing areas. 29 CFR
1 926.62(d) (2) (v) (c), 29 CFR 1926.62(1) (2) (i)

v)

On or about 12/1712/18/2015, employees conducted manual ciernolitioti operations in areas containi ig lead paitit.
Follotvuig demolition operations the employer did not provide employees with biological monitoring in accordance
with 1926.62(j)(1)(i), to consist of blood sampling arid analysis for lead arid zinc protoporphyrin levels. Employees
were not provided with the option to have medical testing conducted until on or about 1/4/2016. 29 CFR
1926.62(d) (2) (v) (e), 29 CFR 1926.62(i) (1) (i)

vi)

On or about 12/17-12/18/2015, employees conducted manual demolition operations in areas containing lead paint.
The employer did not implement employee protective measures prescribed in 29 CFR 1926.62(d)(2)(v) for
employees tasked with conducting demolition operations in lead containing areas. Employees were not prouicled
with appropriate respiratory protection training for conducting demolition around lead. 29 CFR 1926.62(d)U)(v)W,
29 CFR 1926.62(l)(2)(iii)

Complied During Inspection: The employer ceased conducting demolition operations at the Chamber of Commerce
Building, 7 Market St. Alexandria Bay, NY 13607.
Dtcbyic1Vic1aiMnt1kMjatccj:

Sec pages 1 through 2 of this Notice of Violation and Order to Comply for information on employer and employee rights and responsibilid
cs.
Notice of Violation and Order to Comply
Page 8 of 20
NYPfSH2 (Rev. 1/12)

New York State Department of Labor


Public Employee Safety and Healiii Bureau

Inspection Number: 1123416

hispcction Date:
Issuance Date:
CSIIO ID

01/07/2016-01/07/2016
05/18/2016
118120

Notice of Violation arid Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspectthn Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 1 Item 12

Type of Violaiiow Serious

29 CFR 1926.11O1(e)(1): All Class I, II, and III asbestos work was not concluded within regulated
areas. Regulated areas
must comply with the requirements of paragraphs (2), (3), (1) and (5) of this section:
Location:
a)

Alexandria lown I-Iighway 1) epartment

On or about 12/1712/18/2015, employees conducted manual demolition operations in areas contai ung vermiculite
at 7 Market St. Alexandria Bay, NY 13607. The employer did not establish regulated areas for the
conduct of work
in an area containing presumed asbestos containing matcrial(PACM).
Regulated areas have the followmg characteristics:

Tile) arc demarcated in a manner that minimizes (lie Humber of persons within
the area and Protect persons outside die
area from cposure to airborne abe stos.
Access to the area is limited to authorized persons.

People entering the regulated area are supplied with, and use respirators.

The employer ensures that employees do not eat, drink, smoke, chew
tobacco or gum, or apply cosmetics in the regulated

area.
Chronic exposure to airborne asbestos Hhers may increase the risk of fibrosis, lung cancer
and mesotheliorna.

Complied During Inspection:

The employer ceased conducting demolition operations at the Chamber of


Commerce Building, 7 Market St. Alexandria Bay, NY 13607.

Sec pages 1 through 2 of this Notice of Violation anti Oi-der to Comply


for information on crnployer and employee rights and rcsponsibilitcs.
Notice of Violation and Order to Comply
Page 9 of 20
NYPESH-2 (Rev. 4/12)

New York State Department of Labor


Public Employee Safety and Health Bureau

Number:
Inspection Date:
Issuance Date:
CSHO ID
InSJ)CctlOll

1123116
01/07/2016-01/07/2016
05/18/2016
118120

Notice of Violation and Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Reclwood, NY 13679

Citation 1 Item 13

Type of Violation: Serious

29 CFR 1926.1101(f)(1)(i): Where exposure monitoring was required under 29 CFR 1926.1101, the employer did not
perform monitoring to determine accurately the airborne concentrations of asbestos to which employees were or potentially
were exposed:
I .ocalion:
a)

Alexandria Iown Highway I)eparbiierit

On or about 12/17-12/18/2015, employees conducted manual demolition operations in areas containing vermiculite
at 7 Market St. Alexandria Bay, NY 13607. The employer did not perfom monitoring to accurately determine the
airborne concentrations of asbestos to which employees were or potentially were exposed. Chronic exposure to
airborne asbestos fibers may increase the risk of fibrosis, lung cancer and mesothelioma.
Complied During Inspection:

The employer ceased coHductitig demolition operations at the Chamber of


Commerce Building, 7 Market St. Alexandria Bay, NY 13607.

Date b Winch Violatin Mit


Citation I Item 11.

Corrutcdturuis hispc?ttn
Type of Violation: Serious

29 CFR 1926.1101 (g)(1): The employer did not use engineering controls and work practices in all operations covered by 29
CFR 1926.1101, regardless of the levels of the exposure:
Location:
a)

Alexandria Town Highway Department

On or about 12/17-12/18/2015, employees conducted manual demolition operations in areas containing vermiculite
at 7 Market St. Alexandria Bay, NY 13607. The employer did not use the following engineering controls and work
practices in all operations covered by 29 CFR 1926.1101, regardless of the levels of the exposure:
(i) Vacuum clea;]ers equipped tithi HEP1\ fitters to collect all debris and (lust containing ACM and PACM
(ii) W7et methods, or wetting agents, tiuring asbestos haiicllirig, mixing, removal, cutting, application, and cleanup;
and
(iii) Prompt clean-up and disposal of wastes and debris contaminated with asbestos in leaktight containers
Chronic exposure to airborne asbestos fibers may increase the risk of fibrosis, lung cancer and mesothelioma.
Complied During Inspection:

The employer ceased conducting demolition operations at the Chamber of


Commerce Building, 7 Market St. Alexandria Bay, NY 13607.

Dtc byihViagnM&Abate.

correcwdDuringhe

See pages 1 through 2 of this Notice of Violation and Order to Comply for information on employer and employee rights and responsihibtics.
Notice ol Violation awl Order to Comply
Page 10 of 20
NYPESH-2 (Rev. 4/12)

New York State Department of I abor


Public Employee Safety and Health Bureau

Inspection Number: 1123416


Inspection Date:
01/07/2016-01/07/2016
Issuance Date:
05/18/2016

CSHO ID
Notice of Violation

and

118120

Order to Comply

Establishment: Alexandria Tn Hwy Dept


Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 1 Item 15

Type of Violation:

Serious

29 CFR 1926.1101 (h)(1): For employees who use respirators required by 29 CFR 1926.1101, the employer did not provide
each employee an appropriate respirator that complied with the requirements of 29 CFR 1926.1101 (11):
Location:
Location:

a)

Alexandria lown Highway 1) epart.ment


of Alexandria Chamber of Commerce Building
7 Market St. .Alexaticlria Bay, NY 13607

Town

On or about 12/17-12/18/2015, employees conducted manual demolition operations in areas Containing


The employer did not pi-ovide appropriate respirators that complied with the requirements of 29 CFR
1926.1101(h), Employees were provided 3M N95 particulate respirators instead of appropriate reSpiratOIs for use
with asbestos. 29 CFR 1926.1101 (11) (1)
vermiculite.

li)

On or about 12/17-12/18/2015, employees conducted manual demolition operatiOlls in

areas

containing

vermiculite. The employer did not implement an effective respiratory Protection program ni accordance with
29CFR 1910.131(b) through (d) texcept (d)(1)(iii)J, and (1) through (m), which covers each employee required by 29
CfR 1926.1101 to use a respirator. CFR 1926.1101(h)(2)(i)
Note:

A mitten respiratory protection program is also reqtnred by 29 CFR 1910.134(c) (1) and 29 CFR 1926.62(d) (2) (i)(a)
Chronic exposure to airborne asbestos fibers may increase tile risk of fibrosis, lung cancer and rneSOtlleliOrna.

Complied During Inspection:

The employer ceased conducting demolition operations at the Chamber of Commerce


Building, 7 Market St. Alexandria Bay, NY 13607,

Dte b/i,ichViohtnon Must Be 4hited

Sec pagcs I through 2 of thts Notice of Violation and Order to Comply for information on employer and
employee rights and rcsponsibihcs.
Notice of \iolahon and Order to Comply
Page H of 20
NYPESH-2 (Rev. 4/12)

New York State Department of Labor

IflSpeclioii Number: 1123116

Public Employee Safety and Health Bureau

Inspection Date:
Issuance Date:
CSIIO ID

01/07/2016-01/07/2016
05/18/2016
118120

Notice of Violation and Ordcr to Comply


Establishment: Alexandria Tn 1Iwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 1 Item 16

Ty)c of Violation: Serious

29 CFR 1926.1101(h)f3)(i)(a): The employer selected or used filtering face piece respirator against
asbestos fibers:
Location:

a)

Alexandria Town Highway Department

On or about 12/1712/18/201 ), employees concluded manual demolition operations ni areas contaunug vermiculite
at the lown of Alexandria Chamber of Commerce Building, 7 Market St. Alexandria Bay, NY 13607. The
employer did not provide appropriate respirators that complied with the requirements of 29 CFR 1926.1101(h
).
Employees were provided 3M N95 particulate respirators instead of appropriate respirators for use with asbestos.
Chronic exposure to airborne asbestos fibers may increase the risk of fibrosis, lung cancer and mesothelioma.

Complied During Inspection:

The employer ceased conclcictmg clemohtion operations at the Chamber of


Commerce Builditig, 7 Market St. Alexandria Bay, NY 13607.

Date by Witich Violation Musti3c Abate&


Citation 1 Item 17

flnritii

inctii

Type of Violation: Serious

29 CFR 1926.i101(i)(1): The employer did not provide and require the use of protective clothing, such as coveralls
or
similar whole-body clothing, head coverings, gloves, and loot coverings for each employee exposed to airborne
concentrations of asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926. lit) 1(c) or for
which a required negative exposure assessment was not produced:
Location:
a)

Alexandria Town Highway Department

While conducting demolition operations at the Chamber of Commerce Building, 7 Market St. Alexandria
Bay, NY
13607, the employer did not provide and require the use of protective clothing, such as coveralls or similar wholebody clothing, head coverings, gloves, and foot coverings for each employee exposed to airborne concentration of
s

asbestos that exceed the time weighted average and/or excursion limit in 29 CFR 1926.1101(e or
for wInch a
)
required negative exposure assessment was not produced. Cluonic exposure to airborne asbestos Fibers may
increase the risk of fibrosis, lung caccr and mesotlielioma.
Complied During Inspection:

iace uvvvmcTr

The employer ceased conducting demolition operations at the Chamber of


Commerce Building, 7 Market St. Alexandria Bay, NY 13607.

zz

Sec pages 1 through 2 of this Notice of \7iolation and Order to Comply for information
on employer and employee rights and responsihihcs.
Notice of ViolaLion and Order [0 Comply
Page 12 of 20
NYPESH-2 (Rev. W12)

New York State Department of Labor


Public Employee Safety and Health Bureau

Inspectioii Number: 1123116


Inspcction Date:
Issuance Date:

CSIIO ID

Notice of Violation and Order to

01/07/2016-01/07/2016
05/18/2016
118420

Comply

Establishment: Alexandria Tn Hwy Dept


InspectIon Site: 28239 Cty Rte 192 Reclwood, NY 13679

Citation 1 Item 18

Type of Violation:

Serious

29 CFR 1926.1 101(k)(2)(ii): The building and/or facility owner(s) did not notify prospective employers, tenants, employees
of the owner, and all employers of employees who would he performing work within adjacent areas of the presence,
location, and quantity of asbestos containing material or presumed asbestos containing material, at the work sites in their
buildings and facilities in writing, or a personal communication between the owner and the person to whom notification
must be given or their authorized representatives:

Location:
a)

Aiexanclria Totvn Highway Deparliiwnt

On or about 12/17-12/18/2015, employees conducted manual demolition operations in areas containing vermiculite
at the lown of Alexandria Chamber of Commerce Building, 7 Market St. Alexandria Bay, NY 13607. The
employer did not inform employees who performed work under 29 CFR 1926.1101 of the location and cuantity of
asbestos containing material arid/or presumed asbestos containing material present in the area iii writing.
Complied During Inspection:

byWiiclitioii M{istie

The employer ceased conducting demolition operations at the Chamber of


Commerce Buildllng, 7 Market St. Alexandria Bay, NY 13607.

rrectecI

Sec pages 1 through 2 of this Nodce of Vio]adon and Order to Comply for tnformaon on employer and employee rights and rcsponsthilies.
Notice of Viotadon and Order to Comply
Page 13 of 20
NYPESH-2 (ReV. 4/12)

New York State Department of Labor


Public Employee Safety arid Health Bureau

Inspection Number: 1123416


Inspection Date:
01/07/2016-01/07/2016
Issuance Date:
05/18/2016
CS1IO ID
118420

Notice of Violation and Order to Comply


Establishment: Mcxanclria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 1 Item 19

TVj)c of Violation: Serious

29 CFR 1926.1101(o)(1): The employer did not designate a competent person on construction work_sites, having
the
qualifications and authorities for ensuring worker safety and health required by 29 CFR 1926.1101(c General
),
Safety and
Health Provisions for Construction 29 CFR 1926.20 through 29 CFR 1926.32:

Alexandria lmvn Highway Departinent

While conducting demolition operations at the Chamber of Commerce Building, 7 Market St. Alexandria Bay, NY
13607, thc employer did not designate a compctcnt person on the construction worksitc, having the qualifications
and authorities for ensuring worker safety and health rectuired by 29 CFR 1926.1101(c), General Safety and health
Provisions for Construction 29 CFR 1926.20 through 29 CFR 1926.32. Competent person means, in addition
to
the definition in 29 CFR 1926.32 (0, one who is capable of identilting existing asbestos hazards in the workplace
and selecting the appropriate control strategy for asbestos exposure, whc) has tue authority to take prompt corrective
measures to eliminate them, as specifIed in 29 CFR 1926.32(0: in addition, for Class I and Class II work who is
specially trained in a training COUfSC which meets die criteria of EPAs Model Accreditation Plan
(40 CFR 763) for
supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a manner consistent
with EPA
requirements foi training of local education agency maintenance and custodial staff as set forth at 40 CFR
763.92
(a)(2).

a)

Complied During Inspection:

lire employer ceased conducting demolition operations at die Chamber of


Commerce Building, 7 Market. St. Alexandria Bay, NY 1 3607.

The training must contain die following elements: the abatement, installation, removal and handling
of asbestos, along with
training on the asbestos standard, the identification of asbestos, appropriate
removal procedures and work practices to
reduce the hazards associated with asbestos.
Chronic exposure to airborne asbestos fibers may increase the risk of fibrosis, lung
cancer and mesolhelioma.

Thit

Sec pages 1 through 2 of this Nocc of Violation and Order to


Notice

of Violation and Order Co Comply

Comply for informadon on cmployer


Page 14 of 20

and employee rights and responsibilitics.


NYPESH2 tRek. 4/12)

New York State Department of Labor


Public Employee SafeLy and Health Bureau

Inspection Number:
Inspection Date:
Issuance Date:
CSFIO ID

1123416
01/07/2016-01/07/2016
05/18/2016
118420

Notice of Violation aicl Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 1 Item 2t)

Type of Violation: Serious

12NYCRR Part 800.6(e): The employer did not develop and implement a written workplace violence prevention
policy
statement:
Location:
a)

Alexandria Town Highway 1) epaitment

The employer had not developed and implemented a written policy statement 01) thu ernp]oycrs workplace
violence prevention program goals and objectives, Employees may become exposed to workplace violence incidents
including, but not limited to: physical assault, threats or intimidation, menacing, harassment, stalking, etc.
Employees are at risk of workplace violence because they work with the public and often work alone. The employer
must develop a Vvorkplace Violence Prevention Program (WVPP) policy statement that briefly describes the
employers workplace violence prevention policy, incident alert and notification procedures for employees tC) follow
in the event of a workplace violence incident, how the authorized employee representative(s) are involved in the
WVPP; the \VVPP policy statement must lie displayed where notices to employees are
flOflflallY posted in each
workplace. PE$H Consultation assistance program infonnadon and a sample policy statement was provided to the
employer.

Dathv

20 16

Citation 1 Item 21

fype of Violation: Serious

I2NYCRR Part 800.6(1): The employer did not evaluate the workplace to determine the presence of factors which may
place employees at risk of workplace violence.

Location:
a)

Alexandria Town Highway Department

The employer did not perform a risk evaluation of the workplace to determine the presence of factors which ma
place employees at risk of workplace violence. Employees are at risk of workplace violence because they work with
the public and often work alone. The evaluation must include an examination of records compiled, under Labor
Law Section 27A, to identify patterns of injuries ii) particular areas of the workplace or incidents whicit involve
specific operations or specific individuals and arty other records that concern workplace violence incidents in order
to identil patterns in the type anti cause of injuries/ilhicsses; an assessment of relevant policies, work practices and
procedures that may impact the risk of workplace violence; and an examination of the physical workplace.

Sec pages 1 through 2 of this Notice of Violation and Order to Comply for information
on employer and employee rights and rcsponsibililics.
Notice of Violation and Order to Comply
Page 15 of 20
NYPESH-2 (Rev. 4/t2)

New York State Department of Labor


Public Employee Safety and Health Bureau

Inspection Number:
Inspcction Date:
Issuance Date:
CSIIO ID

1123416
01/07/2016-01/07/2016
05/18/2016
118120

Notice of Violation and Order to Cornpiv


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Reclwood, NY 13679

The employer must include the participation of authorized employee representatives, during the evaluation of the
physical workplace, to determine the presence of factors which may place employees at risk of workplace violence,
lypical workplace factors which might place an employee at risk for workplace violence include, hut are not limited
IC):

1. Working in public settings


2. Working late night or early morning hours
3. Exchanging money with the public
4, Working alone or in sinai! numbers
5. \Vorking in a location with uncontrolled public access to the workplace
(3. Areas of previous security problems
PESH Consultation assistance program information and sample compliance documentation was provided to the
employer.

it Be Abafeth

27201(3

I
Citation 1 Item 22

Type of Violation: Serious

I2NYCRR Part $OO.G(g): The employer failed to develop a


participation of authorized employee reprcsentative(s)
Location:
a)

Written

workplace

violence prevenuon

progi1fl1 with the

Alexandria Town II ighway Deparhisen

The employer failed to develop, with the participation of the authorized employee representative(s), a written
\Vorkplace Violence Prevention Program.

5cc pages 1 through 2 of tNs Nodcc of Violadon and Order to Comply for informadon on employer and employee rights and rCSpOnSil)iheCS.
Notice of Violation and Order to Comply
Page 16 ot 20
NYPESH2 (Rev 4/12)

New York State Department of Labor


Public Employee Safety and Health Bureau

Inspection Number:
Inspection Date:
Issuance Date:
CSIIO ID

1123416
01/07/2016-01/07/2016
05/18/2016
I 18420

Notice of Violatioi and Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

A compliant program must include:


(1) A list of risk factors identified in the workplace examination;
(2) The ;neUiods the employer will use to preent the incidence of workplace violence;
(3) A hierarchy of controls to winch the program shall adhere as follows: engiltecririg controls, work practice

controls, anti finally personal protective equipment;


(4) The methods and means by which the employer shall address each specific hazard identified in the workplace
evaluation;
(5) A system designed and implemented by the employer to report any workplace violence incidents that occur in
the workplace (The reports must he in wilting and maintained fbr the annual program review);
(6) A written outlinc or lesson plan for employee training; and
(7) A plan fbr progarn review and update on at least an annual basis. (Such review and update shall sct forth any
mitigating steps taken in response to any incident of workplace violence,) Confidential infbrmation for security
reasons shall not be disclosed.
Employees perform work duties that may expose them to workplace violence incidents including, but not limited to:
physical assault, threats or intimidation, menacing, harassment, stalking, etc.

PESH

Consultation

assistance program I iforniation

and a

sample policy statement was provided to

Oate by Which Violation Miis& Abated:

Citation

1 Item 23

time employer.

Aijust17, 2016

Type of Violation: Serious

12NYCRR Part 800.6(h): The employer failed to provide information and training on the risks of workplace violence in the
workplace:

Location:
a)

Alexandria Town Highway Department

The employer did not develop and implement a program of employee training on the prevention of violence in the
workplace. Employees axe at risk of workplace violence because they work with the public and often work alone.
In accordance with 12 NYCRR Part 800.60 )(1), at a minimum, the training must include the following:
Employers must inform employees of the requirements of 12 NYCRR Part $00.6 and the risk
workplace that were identified in the risk evaluation and determination.

factors in their

See pages J through 2 of this Notce of Violation and Order to Comply for informabon
on employer and employee rights and responsibiIics.
Notice of Violation and Order to Comply
Page 17 of 20
N\TESH-2 (Rev. 4/12)

New York State Department of Labor


Public Employee Safty and Health Bureau

Inspection Number:
Inspection Date:
Issuance Date:
CS1IO ID

1123416
01/07/2016-01/07/2016
05/18/20 16
118420

Notice of Violation and Order to Comply

Establishment: Mexanclria Tn Ilw Dept


Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

2. Employers must inform employees of the measures that employees can take to protect themselves
from
identified risks including specific procedures that the employer has implemented! to protect employees
such as
incident alert and notification procedures, appropriate work practices, emergency procedures,
and use of security
alarms arid other devices.

PESI-I Consultation assistance program infbrrnation and sample compliance documentation was provided
to the
employer.

Citation I Item 21.

Type of Violation: Serious

12 NYCRR Part 800.6(i): The employer failed to establish and maintain a recordkceping system for reporting
workplace
violence incidents:
Location:
a)

Alexandria Town Highway Department

The employer did not develop and implement a system for recording and reporting incidents of workplace
violence,
A compliant workplace violence incident, report must, at a minimum, contain the following related to the incident
being reported:
1.
2.
3.
1.
5.
6.
7.

Workplace location where incident occurred


Time of daqshift when incident occurred
A detitileci description of the incident, including events leading up to the incident and how the incident ended
Sarnes and job tides of involved employees
Name or other identifier of other individual(s) involved
Nature and extent of injuries arising from the incident
Name of witnesses

A sample incident report form was provided to the employer.


Datt

\Vhich Vinimition

_hth0ui 21)16

Sec plges 1 through 2 of this Notice of Violation and Order to Compiy for information
on employer and employee rights and responsibilitics.
Noce of Violation and Order to Comply
Page 18 of 20
NYPESH-2 (ReV. 4/12)

New York State DeI)artment of Labor


Public Employee Safety and Health Bw-eau

Inspection Number: 1123116


Inspection Date:
01/07/2016-01/07/2016
Issuance Date:
05/18/2016

CSIIO ID

118120

Notice of Violation and Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 2 Rem I

1])e of Violation: Non Serious

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine ifhazarcls arc present, or are likely to be
present, winch necessitate the use o personal protective equipment (PPE):
Location:
a)

Alexandria Town i-Iighway Department

Enploycr fisHed to conduct an assessment of workplace hazards which necessitate the use of persoiial protective
equipment (PPE). Employee requirements for use of personal protective cqui;Mneilt for welding and 0ll)er
operations, protective clothing for welding, and other personal protective equipment required for daily operations.

Note: The employer must verify that the required workplace hazard assessment has been performed through a written
certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed,
and the date(s) of the hazard assessment,

1) tic byTh;ch Viol rtion Must 13713thd


Citation 2 Item 2

Type of Violation: Non Serious

29 CFR 19l0.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each
hazardous chemical, and did not ensure that they were readily accessible during each work shift to empioyees when they
were in their work area(s):
Location:

Aiexandria lotvii Highway Department

a)

Tue employer did not provide safety data sheets for all chemicals used in the workplace. Employer did not ensure
all safety data sheets were available for all materials used in welding operations. Employer data sheets did not
include Hobart Brothers Company Hard surfacing and cobalt based flux cored arid metal cored welding wires.

Note:

Potentially hazardous materials employed in welding operations are also required under 29 CFR 1910.252(c)f1)(iv)

Date by Which

Abatedi

July 06, 2016

Sec pagcs 1 through 2 of this Notice of Violation and Order to Comply for information on employer and employee rights
and responsibilities.
Notice of Violation and Order to Comply
Page 19 of 20
NYPESH-2 (Rev. 412)

New York State Department of Labor


Public Employee Safety and Health Bureau

Inspection Number: 1123116


Inspection Date:
01/07/2016-01/07/2016
Issuance Date:
05/18/2016

CSIIO ID

118420

Notice of Violation and Order to Comply


Establishment: Alexandria Tn Hwy Dept
Inspection Site: 28239 Cty Rte 192 Redwood, NY 13679

Citation 2 Item 3

lype of Violation: Non Serious

12NYCRR Part $01.4: A log of all recordable occupational injurie and


s
illnesses (SH-900 or cciuivalcnt) was not maintained
at the establishment:
Location:

Alexandria Town 1-Iighway Department

a)

The SH900 Log of workrelated injuries and illnesses for equivalent) was not tnainta
iiied at the estahhshrncnt.

Note:

All logs of recordable occupational injuries and illnesses iieed to be made available
ththin four business hours of
request by representative of the Commissioner of Labor of the State of New York.

Date by Which Violation Mrtt e Ahtt

jlv06, 2016

Richard T. Dugan
Supervising Safety and Health Inspector

RTD/dlm

Sec pages 1 through 2 of this Notice of Violation and Order to Comply


for mforrnation on employer and employee rights and responsibilities.
Notice of Violation and Order to Comply
Pagc 20 of 20
NYPESH-2 (Rev. 412)

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