OSHA Inspection: JENNYMAR CORPORATION

Issued

Apr 6, 2010

Abate by

Apr 24, 2010

General-duty citation text

Section 6(a) of the Puerto Rico Occupational Safety and Health Act:  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 physical harm to employees in
that employees were
exposed to:
Seccion 6(a) de la Ley de Seguridad y Salud en el Trabajo de Puerto Rico:
El patrono no
proveyo empleo y un sitio de empleo libre de riesgos reconocidos que esten
causando o que
puedan causar muerte o dano fisico a los empleados, por cuanto empleados
estaban expuestos
a:
a)Workplace -  employees in a nail salon (China Nails) handled the acrylic
nail
product CND Retention + Sculpting Liquid. This chemical product had the
chemical component Ethyl Methacrylate which is highly volatile and had a
strong
smell. Among the effects of inhalation and exposure to this product are
respiratory tract irritation, headache and eye irritation. The nail salon
owner kept
the required ventilation system turned off during working hours permitting
an
increasing concentration of the explosive component Ethyl Methacrylate. The
vapors from the chemical product travel throught openings in the nearby
wall
affecting nearby optic employees (Western Optical Outlet). Both working
areas
were owned by the leasing company (Jennymar Corporation). Jennymar
Corporation as owner had control over the problem affecting the optic
employees.
Jennymar Corporation had previous knowledge of the problem and did not take
effective corrective actions to furnish a place of employment free from
recognized
hazards to the optic employees.
The Puerto Rico Occupational Safety and Health Act, Section 6(h) states:
"Each
owner of any premises used in whole or in part as a place of employment
shall
comply with all the occupational safety and health standard and rules,
regulations
and orders issued pursuant to this act, with respect to those parts of the
premises
under his control and not under the control of the employer. Failure to
comply
therewith shall make the owner of said premises subject to the enforcement
proceedings and the penalties applicable to employer under this act. Such
owner
shall have the ame rights as an employer under this act. Nothing in this
section
shall be construed to relieve an employer of his duties under this
section."
Hazard: respiratory tract irritation, allergies, headache, an explosion.
Among other methods, one feasible and acceptable method to correct this
hazard
Riesgo: irritacion del tracto respiratorio, alergias, dolor de cabeza y
explosion.
Entre otros metodos de correccion, un metodo factible y aceptable para
corregir
este riesgo es el siguiente: Sellar efectivamente la pared divisoria para
evitar la
entrada de vapores quimicos al area de trabajo de la optica."