OSHA Inspection: LEGACY FINISHING, INC.

Issued

Aug 29, 2011

Abate by

Sep 12, 2011

Penalty

Initial $4,900 · Current $2,400 Reduced

General-duty citation text

29 CFR 1910.132(a):  Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.    On or about July 6, 2011, in the Batch Oven area, an employee was exposed to a fall hazard while standing on the back of the forklift mast and dashboard, approximately 4-5 feet off the ground, while reaching to remove a hook that had become stuck on the Batch Oven trolley rail eyebolt.

Issued

Aug 29, 2011

Abate by

Sep 12, 2011

Penalty

Initial $2,800 · Current $4,200

General-duty citation text

29 CFR 1910.178(l)(2)(i)(A):     Trainees may operate a powered industrial truck only:    Under the direct supervision of persons who have the knowledge, training, and experience to train operators and evaluate their competence;     An employee "in training" in the operation of a powered industrial truck was operating a fork lift truck in the production area without supervision by the company trainer.

Issued

Aug 29, 2011

Abate by

Oct 10, 2011

Penalty

Initial $4,200 · Current $0 Reduced

General-duty citation text

29 CFR 1910.178(l)(2)(ii): \r\n\r\nTraining shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator\'s performance in the workplace.\r\n\r\nEmployees operating forklift trucks in the facility had not received training consisting of formal instruction, practice exercises and an evaluation of their operator performance in the workplace.

Issued

Aug 29, 2011

Abate by

Oct 10, 2011

Penalty

Initial $4,200 · Current $0 Reduced

General-duty citation text

29 CFR 1910.178(l)(5): Avoidance of duplicative training. If an operator has previously received training in a topic specified in paragraph (l)(3) of this section, and such training is appropriate to the truck and working conditions encountered, additional training in that topic is not required if the operator has been evaluated and found competent to operate the truck safely.    Employees who had received training on a forklift truck from a previous employer were not evaluated by the company to determine their competency to operate the truck safely.