OSHA Inspection: POROUS MATERIALS, INC.

Issued

Jul 27, 2012

Abate by

Aug 6, 2012

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1910.37(a)(3): Exit route(s) were not kept free and unobstructed:    (a) At the facility loading dock mezzanine, on or about 2/1/2012:  Exit aisles were obstructed by trash and excess supplies.     (b) At the facility machine shop, on or about 3/2/2012:  Exit aisles were obstructed by round metal stock on the floor, which was not stored securely, when storage rack capacity was exceeded.    Abatement certification must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 11, 2012

Penalty

Initial $4,900 · Current $2,940 Reduced

General-duty citation text

29 CFR 1910.132(d)(1)(i):  The employer did not select and/or have each affected employee use the types of personal protective equipment (PPE) that would protect the affected employee(s) from the hazards identified in the hazard assessment:    (a) At the facility Mercury Lab, on or about 02/01/2012:  The employer did not insure the use of necessary PPE when laboratory technicians worked in the Mercury Lab and the hazard assessment required hand and body PPE to prevent mercury skin contamination.    (b) At the facility Main Lab, on or about 02/01/2012:  The employer did not select or insure the use of PPE for laboratory employees handling or working near chemicals including, but not limited to: organic solvents, formic acid, liquid nitrogen, and other corrosive and irritant chemicals.    Abatement documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(1)(ii): The employer did not communicate personal protection equipment selection decision(s) to each affected employee:    (a) At the facility, on or about 03/02/2012: The employer did not communicate the required PPE to the laboratory and assembly workers exposed to hazards from materials including but not limited to mercury, organic solvents, acids, liquid nitrogen and corrosive solids.    Abatement documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 11, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify, through a written certification, the identity of the workplace evaluated, the person certifying that the evaluation had been performed, and the date the hazard assessment was done:    (a) At the facility, on or about 02/01/2012:  The employer had no written certification of hazard assessment for the  laboratories and assembly areas.         Abatement documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $4,900 · Current $2,940 Reduced

General-duty citation text

29 CFR 1910.132(f)(1): The employer did not provide training to each employee who is required by this section to use personal protective equipment:    (a) At the facility, on or about 03/02/2012:  The employer provided inadequate PPE training to employees who used gloves, body protection and eye/face PPE in the Mercury lab, the Main lab, Assembly area and Machine shop; where employees encountered physical and chemical hazards including but not limited to flammable solvents, mercury, liquid nitrogen, hazardous chemical waste and flammable, asphyxiant or toxic gases.           Abatement documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(f)(4): The employer did not verify that each affected employee had received and understood the required personal protective equipment (PPE) training through a written certification that contained the name of each employee trained, the date(s) of training, and that identified the subject of the certification    (a) At the facility, on or about 03/02/2012:  The employer had no written certification of PPE training for employees who used gloves, body protection and eye/face PPE in the Mercury lab, the Main lab, Assembly area and Machine shop; where employees encountered physical and chemical hazards including but not limited to flammable solvents, mercury, liquid nitrogen, hazardous chemical waste and flammable, asphyxiant or toxic gases.             Abatement Documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 1, 2012

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:    (a) At the facility Main lab, on or about 03/02/2012: The employer did not ensure that laboratory technicians who used the ultrasound parts cleaners wore chemical splash goggles when pouring flammable solvents and transferring metal parts into the open parts cleaners.     Abatement certification must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $3,500 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not ensure that a written respiratory protection program with worksite-specific procedures was updated as necessary to reflect those changes in workplace conditions that affect respirator use, to include the provisions of (i)-(ix), as applicable.    (a)  At the facility, on or about 3/02/2012: The employer had no written respirator program which reflected the specific conditions and protocols for half face respirator use, as present during the inspection.    Abatement documentation must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness:    (a) At the facility, on or about 3/02/2012:  The employer had no one designated nor qualified to serve as the program administrator, where respirators were required by company policy for Mercury Lab cleaning and for other chemical spill cleanup; including but not limited to spills of mercury, flammable organic solvents or hazardous chemical waste.      Abatement documentation must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.    (a) At the facility, on or about 3/02/2012:  The employer had no current medical evaluations for employees required to wear respirators for mercury spill cleaning and for other tasks; including but not limited to spills of flammable organic solvents or containers of hazardous chemical waste.      Abatement documentation must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2):     Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:    (a) At the facility, on or about 3/02/2012:  The employer had no annual fit testing completed for employees required to wear respirators for mercury spill cleaning or other tasks: managing the transfer or leaks from 5 gallon cans of flammable organic solvents and/or consolidating hazardous waste drums.       Abatement documentation must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k):     The employer did not provide comprehensive, understandable training which did not occur annually, and/or more often if necessary:    (a) At the facility, on or about 3/02/2012:  The employer had no annual respirator training for employees required to wear respirators for mercury lab cleaning and for other tasks:  managing the transfer or leaks from 5 gallon cans of flammable organic solvents and/or consolidating hazardous waste drums.     Abatement documentation must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 1, 2012

Penalty

Initial $2,800 · Current $1,680 Reduced

General-duty citation text

29 CFR 1910.141(g)(2):     Employees were permitted to consume food or beverage in area(s) exposed to toxic materials:    (a)    At the facility, on or about 03/02/2012: In the laboratories where toxic chemicals, flammable liquids and hazardous waste were handled, employees consumed beverages including water and cola.    Abatement certification must be submitted.

Issued

Jul 27, 2012

Abate by

Aug 1, 2012

Penalty

Initial $4,900 · Current $2,940 Reduced

General-duty citation text

29 CFR 1910.151(c):     Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:    (a)    At the facility Mercury Lab, on or about 03/02/2012:   The plumbed eyewash had inadequate water flow rendering it unusable where lab employees handled corrosive chemicals, including but not limited to nitric acid, mercury, and hazardous waste in the Mercury Lab, adjacent to the hazardous waste storage room.      Abatement documentation is required.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $4,900 · Current $2,940 Reduced

Hazardous substances 0170056014801631M111

General-duty citation text

29 CFR 1910.1200(h)(1):     Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    (a)     At the facility, on or about 02/01/2012:  PMI provided no hazard communication training to employees working in the laboratories, assembly area and machine shop, prior to working with hazardous chemicals including, but not limited to: toxic mercury, carbon monoxide, hydrogen sulfide, anyhdrous ammonia gas, liquid nitrogen, flammable isopropyl alcohol, acetone, oxygen and corrosive formic acid, nitric acid, and solid sodium hydroxide.      (b)     At the facility, on or about 02/01/2012:  PMI provided ineffective, outdated hazard communication training to other employees working in the laboratories, assembly area and machine shop, where those employees worked with hazardous chemicals including, but not limited to: toxic mercury, carbon monoxide, hydrogen sulfide, anyhdrous ammonia gas, liquid nitrogen, flammable isopropyl alcohol, acetone, oxygen and corrosive formic acid, nitric acid, and solid sodium hydroxide.      Abatement Documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1)(i):     The written hazard communication program did not include a list of the hazardous chemicals known to be present, using an identity that was referenced on the appropriate material safety data sheet:    (a)     At the facility, on or about 02/01/2012:  The written hazard communication program's list of hazardous chemicals did not include many of the hazardous chemicals observed during the inspection and the omissions included, but were not limited to; gas cylinders of carbon monoxide, hydrogen sulfide, anyhdrous ammonia gas, and corrosive formic acid, nitric acid, and solid sodium hydroxide pellets; also, the list of hazardous chemicals was not referenced to the MSDS books.      Abatement Documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 26, 2012

Penalty

Initial $4,200 · Current $2,520 Reduced

General-duty citation text

29 CFR 1910.1450(e)(1):     Where hazardous chemicals were used in the workplace, the employer did not develop and carry out the provisions of a written Chemical Hygiene Plan which was capable of protecting employees from health hazards associated with hazardous chemicals:    (a)     At the facility research and development laboratories, on or about 02/01/2012:  PMI did not have a Chemical Hygiene Plan where laboratory workers handled and/or worked in the proximity of chemicals including, but not limited to, mercury, carbon monoxide, hydrogen sulfide, anhydrous ammonia gas, liquid nitrogen, flammable isopropyl alcohol, acetone, oxygen and corrosive formic acid, nitric acid, and solid sodium hydroxide.      Abatement Documentation must be submitted for this item.

Issued

Jul 27, 2012

Abate by

Aug 11, 2012

Penalty

Initial $8,400 · Current $5,040 Reduced

General-duty citation text

The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein;    (a)    At the facility, on or about 03/15/2012: The employer did not ensure that secondary containers were labelled, including but not limited to containers of flammable isopropyl alcohol, combustible oils, and irritant cleaning solvents.       Abatement documentation must be submitted for this item.      POROUS MATERIALS, INC. WAS PREVIOUSLY CITED FOR A VIOLATION OF 29 CFR 1910.1200(f)(5)(i),THIS OCCUPATIONAL HEALTH AND SAFETY STANDARD, OR ITS EQUIVALENT WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 312370513, CITATION NUMBER 1, ITEM NUMBER 1, ISSUED ON 01/04/2010, WITH RESPECT TO A WORKPLACE LOCATED AT 20 DUTCHMILL ROAD, ITHACA, NY 14850