OSHA Inspection: MATERION ADVANCED CHEMICALS INC.

Issued

Mar 11, 2011

Abate by

Dec 6, 2013

Penalty

Initial $7,000 · Current $500 Reduced

General-duty citation text

Section 5(a)(1): of the Occupational Safety and Health Act of 1970: The
employer did not
furnish employment and a place of employment which were free from
recognized hazards
that were causing or likely to cause death or serious physical harm.
Employees were
exposed to the fire and/or explosion hazards associated with zinc and
arsenic dusts during the
manufacturing of zinc arsenide.
If a 20 Liter test indicates that the material is explosible and if either
a 1 cubic
meter test indicates the material is explosible or Respondent waives its
option
to conduct a 1 cubic meter test, Respondent shall then have 60 days
following
the date the final Stipulation and Settlement Agreement  becomes a final
order
of the Occupational Safety and Health Review Commission to obtain a hazard
analysis, performed by a qualified vendor or expert, with the assistance of
knowledgeable Respondent representatives, such hazard analysis to comport
with the applicable requirements, if any, of the National Fire Protection
Association chapters 484-2009 unless inconsistent with the terms of this
Agreement.
Within 60 days of the completion of the hazard analysis, Respondent shall
provide
Complainant a construction schedule to implement the economically and
technically
feasible abatement measures recommended by the qualified vendor or expert,
if any,
or shall otherwise implement economically and technically feasible
abatement
measures as approved by such vendor or expert.  Any abatement shall be
completed
no later than nine months following the date the final Stipulation and
Settlement
agreement becomes a final order of the Occupational Safety Health Review
Commission, subject to Respondent's right to seek an extension of the
abatement
period by filing a PMA in accordance with Section 10(c) of the act.  Under
no
circumstances, however, shall Respondent be obligated to implement
abatement
measures involving either the relocation of its dust collector to a
location outside of
its current building, the venting of the dust collector to the outside, or
the
performance of any abatement that is otherwise contrary to directives from
the federal
Environmental Protective Agency and/or the Wisconsin Department of Natural
Resources.