OSHA Inspection: BROTHERS LEAL, INC

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $3,000 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.23(c)(1): Open sided floor(s) or platform(s) 4 feet or more above the adjacent floor or ground level were not guarded by standard railings (or the equivalent as specified in 29 CFR 1910.23(e)(3) of this section) on all open sides except where there is an entrance to a ramp, stairway, or fixed ladder:    On or about September 20, 2011, in the facility, employee(s) required to perform woodworking operations at the upper-level work area where cabinet doors are processed were exposed to a fall hazard approximately 8 feet above ground level.  The open-sided floor at the east side was not fully guarded by a standard railing, or equivalent.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $1,800 · Current $900 Reduced

General-duty citation text

29 CFR 1910.106(e)(2)(ii)(b)(2):  More than 120 gallons of Class 1B, 1C, II or III flammable or combustible liquids in containers were located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations were exposed to hazards associated with fire and smoke.     More than 120 gallons of Class 1B, 1C, II or III flammable or combustible liquids in containers, including Acetone and Lacquers, were located outside of an inside storage room or storage cabinet in the building or in any one fire area of the building.

Issued

Nov 28, 2011

Abate by

Mar 12, 2012

Penalty

Initial $1,800 · Current $900 Reduced

General-duty citation text

29 CFR 1910.107(b)(1):  Spray booths were not substantially constructed of steel, securely and rigidly supported, or of concrete or masonry except that aluminum or other substantial noncombustible material may be used for intermittent or low volume spraying. Spray booths shall be designed to sweep air currents toward the exhaust outlet:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations, including spray finishing with flammable liquids,  were exposed to hazards associated with fires and smoke.  The spray booth was not constructed of substantial noncombustible material.  Spray booth walls and ceiling were partially constructed with polyester resin fiberglass reinforced panels.

Issued

Nov 28, 2011

Abate by

Mar 12, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.107(b)(5)(i):  Visible gauges or audible alarm or pressure activated devices were not installed at the spray booth to indicate or insure that the required air velocity is maintained:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations, including spray finishing with flammable liquids, were exposed to hazards associated with fires and smoke.  Visible guages or audible alarm or pressure activated devices were not installed at the spray booth to indicate or insure that the required air velocity was maintained.

Issued

Nov 28, 2011

Abate by

Oct 1, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.107(b)(5)(iv):  Space within the spray booth on the downstream and upstream sides of filters was not protected with approved automatic sprinklers:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations, including spray finishing with flammable liquids, were exposed to the hazards associated with fires and smoke.  Space within the spray booth on the downstream and upstream sides of filters was not protected with approved automatic sprinklers.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $1,800 · Current $900 Reduced

General-duty citation text

29 CFR 1910.132(a):  Protective clothing was not provided and used wherever it was necessary by reason of hazards of processes and chemical hazards:    On or about September 20, 2011, in the facility, employees required to perform spray finishing were exposed to skin contact with hazardous wood coating chemicals, including, but not limited to, acetone and toluene.  Protective clothing such as a chemical resistant coverall (i.e. tyvek) or apron was not provided and used to protect against injury.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2):  The employer did not verify that the required workplace hazard assessment has been performed through a written certification:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations were exposed to eye and skin hazards necessitating the use of personal protective equipment.  The employer did not verify, through a written certification,  that the required workplace hazard assessment had been performed.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1):  The employer did not ensure that each affected employee used appropriate eye protection when exposed to eye hazards from flying particles and liquid chemicals:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations were exposed to eye hazards from flying particles and hazardous wood coating chemicals.  The employer did not ensure that each affected employee used appropriate eye protection.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a):  The employer did not select and require employees to use appropriate hand protection when employees' hands were exposed to hazards such as those from skin absorption of harmful substances:    On or about September 20, 2011, in the facility, employees required to perform spray finishing were exposed to skin contact with hazardous wood coating chemicals, including, but not limited to, acetone and toluene.  The employer did not select and require employees to use appropriate hand protection to protect against injury.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $4,200 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.213(c)(1):  Circular hand-fed ripsaw(s) were not guarded by an automatically adjusting hood which completely enclosed that portion of the saw above the table and above the material being cut:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations were exposed to injury when using the Powermatic and/or Lobo table saws.  The saws were not guarded by an automatically adjusting hood that completely enclosed the portion of the saw above the table and above the material being cut.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.213(c)(2):  Circular hand-fed ripsaw(s) were not furnished with a spreader to prevent material from squeezing the saw or being thrown back on the operator:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations were exposed to injury when using the Powermatic and/or Lobo table saws.  The saws were not furnished with a spreader to prevent material from squeezing the saw or being thrown back on the operator.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.213(c)(3): Circular hand-fed ripsaw(s) were not provided with nonkickback fingers or dogs so located as to oppose the thrust or tendency of the saw to pick up the material or to throw it back toward the operator:    On or about September 20, 2011, in the facility, employees required to perform woodworking operations were exposed to injury when using the Powermatic and/or Lobo table saws.  The saws were not provided with nonkickback fingers to prevent employees from being struck by flying material.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $1,800 · Current $900 Reduced

General-duty citation text

29 CFR 1910.307(c):  Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location.     On or about September 20, 2011, in the facility, employee(s) required to perform woodworking operations were exposed to hazards associated with fires and smoke inhalation.  Equipment, including electrical outlet(s), subject to accumulations of wood dust were not dust-tight and safe for the Class II, Division 2 location.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $1,800 · Current $900 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    On or about September 20, 2011, in the facility, employee(s) required to perform spray finishing operations were exposed to contact with hazardous wood coating chemicals, including, but not limited to, Acetone and Toluene.  The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet in the workplace for each hazardous chemical which they used:    On or about September 20, 2011, in the facility, employee(s) required to perform spray finishing operations were exposed to contact with hazardous wood coating chemicals, including, but not limited to, Acetone and Toluene.  The employer did not have a material safety data sheet in the workplace for each hazardous chemical which they used.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided information and training as specified in 29 CFR 1910.1200(h)(1) and (2) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:    On or about September 20, 2011, in the facility, employee(s) required to perform spray finishing operations were exposed to contact with hazardous wood coating chemicals, including, but not limited to, Acetone and Toluene.  Employees were not provided with the required information and training on hazardous chemicals in their work area.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.36(g)(1): The ceiling of an exit route was not at least seven feet six inches (2.3 m) high:    On or about September 20, 2011, in the facility, employee(s) were required to perform woodworking operations (i.e. cabinet doors) at the second level work area where the ceiling of the exit route was approximately six feet high.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(ii):  The employer did not establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored and maintained so as not to create a health hazard to the user:    On or about September 20, 2011, in the facility, employees required to perform spray finishing operations were provided and used half-mask air purifying respirators, voluntarily.  The employer did not establish and implement a written respiratory protection program to ensure that the respirator itself did not present a health hazard to the user.

Issued

Nov 28, 2011

Abate by

Jan 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(1)(i):  The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):    On or about September 20, 2011, in the facility, employees were required to operate a Komatsu forklift truck when loading/unloading ply-wood.  The employer did not ensure that each operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in paragraph (l).