Asbestos Update

New York State Department of Labor
Public Employee Safety and Health Bureau
400 Oak Street, Suite 101
Garden City, NY 11530-6551
Phone: (516) 228-3970 FAX: (516) 794-7714

JUNE 6,2005
Notice of Violation and Order to Comply
To: Office of County Executive
County of Nassau
1 West Street
Mineola, NY 11510-4895

Inspection Site:
Nassau County P. D. - 1st PCT
900 Merrick Rd
Baldwin, NY 11510
Inspection Number: 301595211
Inspection Date(s): 12/28/2004 -12/28/2004
Issuance Date:06/03/2005
CSHO ID: H8924

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. A request for an informal conference must be made in writing to your nearest Division of Safety and Health district office within 20 working days (excluding weekends and State holidays) from receipt of this Notice. An employer who wishes to file an appeal of the violation(s) cited, including but not limited to appeals which raise issues concerning the application of the cited standard(s) to the employer or to the violation(s) cited, as well as issues concerning the appropriateness of the abatement period(s), must do so within 60 days of the issuance date of this Notice by filing a petition with the Industrial Board of 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. The details of such appeal process are set forth at 12 NYCRR Part 65 et seq and Section 101 of the Labor Law. Additional information may also be obtained from the Industrial Board of Appeals.
Posting - The law requires that a copy of this Notice be posted immediately in a prominent place at or near the location of 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. Failure to comply with any violation listed on this Notice by the abatement date is subject to a PER DAY penalty assessment.
Informal Conference - A request for an informal conference 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.
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 (DOSH-907) 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.
Citation 1 Item 1 Type of Violation: Serious
29 CFR 1910.22(a)(l): All Place(s) of employment passageways, store rooms, and service rooms shall be kept clean and orderly, and in a sanitary condition:
a. A sewer line leak was not properly cleaned, and fecal matter was present on the wall at the leak site in the Basement Locker Room.
b. There was debris and dirt on the floors of the Basement Men's Room and the Utility Room, and the Basement and First Floor Areas mentioned.
c. There were water-stained ceiling tiles in the First Floor Arrest Room.
d. Floors of all rest rooms were dirty with paper and other debris on floors.
Date By Which Violation Must be Abated: 7/21/2005
Citation and Notification of Penalty
Citation 1 Item 2 Type of Violations Serious
29 CFR 1910.176(b): Material stored in tiers was not stacked, blocked, interlocked or limited in height so that it was stable and secure against sliding and collapse:
i.e.:
a. Locker Room was used to store copy paper and paper towels from floor to ceiling.
b. Detective Area was overcrowded with file cabinets and evidence storage; case file boxes were piled on top of cabinets in precarious positions.
Date By Which Violation Must be Abated: 7/21/2005
John F.X. Gamrat
Supv. Safety & Health Inspector

Posted Tuesday, June 21, 2005

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