OSHA Inspection: TOXCO, INCORPORATED

Issued

2012-07-06 00:00:00

Penalty

Initial $4500.00 · Current $0.00 Reduced

Hazardous substances 8870

General-duty citation text

29 CFR 1910.303(b)(7)(i):     Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings shall be effectively closed to afford protection substantially equivalent to the wall of the equipment.    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: a.)   The housing of a Gould Heavy Duty Vacu-Break Switch mounted on an exterior wall of "The Cube" had two unused uncovered openings.     b.) The housing(s) for the main disconnect switches for the Dehusker and the Dehusker conveyor each had an unused uncovered opening.    c.) A junction box at the Dehusker had an unused uncovered opening    These conditions increase employee risk for electrocution due to electrical contact hazard.

Issued

2012-07-06 00:00:00

Penalty

Initial $2700.00 · Current $0.00 Reduced

Hazardous substances 8870

General-duty citation text

29 CFR 1910.304(a)(2):     Polarity of connections. No grounded conductor may be attached to any terminal or lead so as to reverse designated polarity.    Toxco, Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: A 2 receptacle outlet box in Bay 61 had reversed polarity. The outlet box is used to provide electrical power to portable equipment including a vacuum cleaner.

Issued

2012-07-06 00:00:00

Penalty

Initial $4500.00 · Current $0.00 Reduced

Hazardous substances 8870

General-duty citation text

29 CFR 1910.305(j)(1):     Lighting fixtures, lampholders, lamps, and receptacles.    29 CFR 1910.305(j)(1)(i):     Fixtures, lampholders, lamps, rosettes, and receptacles may have no live parts normally exposed to employee contact. However, rosettes and cleat-type lampholders and receptacles located at least 2.44 m (8.0 ft) above the floor may have exposed terminals.    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: In Bay 67 at the loading dock, a light fixture with a round base was mounted to a rectangular single electrical box. Due to this condition, live electrical power supply conductors are exposed to contact and pose an increased risk for electrocution.

Issued

2012-07-06 00:00:00

Abate by

2015-01-14 00:00:00

Penalty

Initial $6300.00 · Current $4410.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(c)(1): The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m(3)) averaged over an 8-hour period.    Toxco, Inc.,  Lancaster, Ohio facility:     a.)  On February 23, 2012, an employee working in the Lead Acid area at the Shear Line tender position was exposed to an 8 hour time weighted average of 429.2 micrograms lead per cubic meter air during a 206 minute sampling period. This exposure level is 8.6 times the permissible exposure limit for lead.   b.) On March 8, 2012, an employee working in the Lead Acid automated battery breaking operation as the "Middle" position tending the tanks was exposed to an 8 hour time weighted average of 107.5 micrograms per cubic meter air during a 47 minute sampling period. This exposure level is 2.15 times the permissible exposure limit for lead.  c.) On March 8, 2012, an employee working in the Lead Acid automated battery breaking operation in the "Back" position tending discharge into storage boxes was exposed to an 8 hour time weighted average of 147.4 micrograms per cubic meter air during a 57 minute sampling period. This exposure level is 2.9 times the permissible exposure limit for lead.  d.) On March 8, 2012, an employee working in the Lead Acid automated battery breaking operation in the "Back" position tending discharge into storage boxes was exposed to an 8 hour time weighted average of 137.0 micrograms per cubic meter air during a 53 minute sampling period. This exposure level is 2.7 times the permissible exposure limit for lead.  e.) On March 8, 2012, an employee working in the Lead Acid automated battery breaking operation in the "Back" position responsible for the scale and forklift operation was exposed to an actual time weighted average of 691.8 micrograms per cubic meter air during a 50 minute sampling period and an 8 hour time weighted average of 72.1 micrograms per cubic meter air. This exposure level is 1.4 times the permissible exposure limit for lead. This exposure level exceeds the maximum use concentration for the half face air purifying respirator used for respiratory protection for this specific employee exposure sampling period.  f.) On March 8, 2012, an employee working in the Lead Acid automated battery breaking operation as the "Front" loader position loading batteries onto the feed conveyor was exposed to an 8 hour time weighted average of 63.2 micrograms per cubic meter air during a 68 minute sampling period. This exposure level is 1.26 times the permissible exposure limit for lead.  g.) On March 8, 2012, an employee working in the Lead Acid automated battery breaking operation as the "Front" tender position preparing batteries for loading into the process was exposed to an 8 hour time weighted average of 65.8 micrograms per cubic meter air during a 67 minute sampling period. This exposure level is 1.32 times the permissible exposure limit for lead.    Due to these workplace conditions, employees have exposure to inhalation hazards associated with airborne lead which includes cancer risk, teratogenic effects, blood effects and central nervous system damage.

Issued

2012-07-06 00:00:00

Abate by

2015-01-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(1)(i): Where any employee is exposed to lead above the permissible exposure limit for more than 30 days per year, the employer shall implement engineering and work practice controls (including administrative controls) to reduce and maintain employee exposure to lead in accordance with the implementation schedule in Table I, except to the extent that the employer can demonstrate that such controls are not feasible. Wherever the engineering and work practice controls which can be instituted are not sufficient to reduce employee exposure to or below the permissible exposure limit, the employer shall nonetheless use them to reduce exposures to the lowest feasible level and shall supplement them by the use of respiratory protection which complies with the requirements of paragraph (f) of this section.    Toxco, Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: the employer failed to install engineering controls and implement work practice controls to maintain employee exposure levels below the permissible exposure level for airborne lead for the following employee exposures;    a.) an employee working as a Shear Line tender was exposed 8.6 times the permissible exposure limit (see citation 1 item 4a instance a.),  b.) an employee working as the Breaker "Middle" position was exposed 2.15 times the permissible exposure limit (see citation 1 item 4a instance b.),  c.) an employee working as a Breaker - "Back" boxes position was exposed 2.15 times the permissible exposure limit (see citation 1 item 4a instance c.),  d.) an employee working as a Breaker - "Back" boxes position was exposed 2.7 times the permissible exposure limit (see citation 1 item 4a instance d.),  e.) an employee working as a Breaker - "Back" scale/forklift position was exposed 1.4 times the permissible exposure limit (see citation 1 item 4a instance e.),  f.) an employee working as a Breaker - "Front" loader position was exposed 1.26 times the permissible exposure limit (see citation 1 item 4a instance f.), and  g.) an employee working as a Breaker - "Front" tender position was exposed 1.32 times the permissible exposure limit (see citation 1 item 4a instance f.),    Due to these workplace conditions, employees have exposure to inhalation hazards associated with airborne lead which includes cancer risk, teratogenic effects, blood effects and central nervous system damage.    Abatement Note:    Step 1 - Abatement due     Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within permissible exposure limits. For selection of appropriate respiratory protection equipment, actual time weighted averages for employee exposure must be used to determine maximum use concentrations.    Step 2: Abatement due     Submit to the Area Director a written, detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposure to hazardous substances as referenced in this citation. This plan shall include, at the minimum, target dates for the following actions whcih must be consistent with the abatement dates required by this citation:   1. Evaluation of engineering/administrative control options;  2. Selection of optimium control methods and completion of design;  3. Procurement, installation and operation of selected control measures;  4. Testing and acceptance  or modification/redesign of controls.  All proposed control measures shall be approved for each particular use by a competent industrial hygienist, certified industrial ventilation specialist experienced in complex processes or other technically qualified person.    Step 3: Abatement due    Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.  Feasible administrative and/or engineering controls could include, but the employer is not bound by or limited to, the following:  1. Equip processes with local exhaust ventilation such as, but not limited to, downdraft collection tables, hooded work positions for anticipated job functions and slotted hoods at emission points.  2. Utilize wet methodology where not in place or increase moisture content prior to discharge points of process.  3. Develop work practices to reduce emissions of particulate matter into the breathing zone.

Issued

2012-07-06 00:00:00

Abate by

2012-10-04 00:00:00

Penalty

Initial $4500.00 · Current $3150.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(1)(ii): With the exception of monitoring under paragraph (d)(3), the employer shall collect full shift (for at least 7 continuous hours) personal samples including at least one sample for each shift for each job classification in each work area.    Toxco, Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer failed to perform personal employee exposure sampling for each job classification on each shift in each work area. Since May 2009, the employer has only performed personal sampling three times, on June 15, 2010 for a 3rd shift Scrubber Technician, on June 29, 2010 for a Shipping & Receiving forklift operator and on July 1, 2010 for a Lead Acid Team Leader. Jobs that have not had off shift sampling include, but are not limited to, Retort Oven Operators and Lead Acid battery breaking (various jobs.)

Issued

2012-07-06 00:00:00

Abate by

2012-10-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(6)(ii): If the initial determination or subsequent monitoring reveals employee exposure to be at or above the action level but below the permissible exposure limit the employer shall repeat monitoring in accordance with this paragraph at least every 6 months. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the action level at which time the employer may discontinue monitoring for that employee except as otherwise provided in paragraph (d)(7) ofthis section.    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: a forklift operator in the Shipping & Receiving area was monitored on January 29, 2010 with results exceeding the action level and subsequent June 29, 2010 monitoring of a forklift operator in the Shipping & Receiving area was also above the action level. The employer failed to perform any further personal employee exposure monitoring for Shipping & Receiving area forklift operators as required.

Issued

2012-07-06 00:00:00

Abate by

2012-10-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(6)(iii):     If the initial monitoring reveals that employee exposure is above the permissible exposure limit the employer shall repeat monitoring quarterly. The employer shall continue monitoring at the required frequency until at least two consecutive measurements, taken at least 7 days apart, are below the PEL but at or above the action level at which time the employer shall repeat monitoring for that employee at the frequency specified in paragraph (d)(6)(ii), except as otherwise provided in paragraph (d)(7) of this section.    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer failed to perform quarterly personal employee exposure monitoring for employees with exposure exceeding the permissible exposure limit. There has only been one personal employee exposure monitoring event performed (for a Lead Acid forklift operator - January 19, 2012) in 2012 and five personal employee exposure monitoring events performed 2011 (2 Dehusker operators, 1 "Muffin Monster" operator and two Retort Oven technicians - June and July 2011.) The employer has documented numerous jobs with employee exposure levels exceeding the permissible exposure level for airborne lead, including, but not limited to, Lead Acid -prep, Lead Acid- manual breaking, Lead Acid - forklift operator, Lead Acid - supervisor, "Breaker" - Front, "Breaker" - Back, "Breaker" - Middle, Shipping & Receiving - forklift operator, Retort Oven operator, Lead Acid - team leader, Alkali - manual breaking/saw and the Dehusker operator.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(7): Additional monitoring. Whenever there has been a production, process, control or personnel change which may result in new or additional exposure to lead, or whenever the employer has any other reason to suspect a change which may result in new or additional exposures to lead, additional monitoring in accordance with this paragraph shall be conducted.    Toxco, Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer failed to implement and perform personal employee exposure monitoring for airborne lead when new processes are introduced to the workplace. The Lead Acid department Shear Line was put into production in January 2012 and employee monitoring was not performed for Shear Line press operators or Shear Line tender positions.

Issued

2012-07-06 00:00:00

Abate by

2012-10-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(d)(3)(i):     If the initial monitoring or periodic monitoring reveals employee exposures to be at or above the action level, the employer shall monitor at a frequency and pattern needed to represent the levels of exposure of employees and where exposures are above the PEL to assure the adequacy of respiratory selection and the effectiveness of engineering and work practice controls. However, such exposure monitoring shall be performed at least every six months.  The employer, at a minimum, shall continue these semi-annual measurements unless and until the conditions set out in paragraph (d)(3)(ii) are met.    Toxco,Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer failed to perform personal employee exposure monitoring for airborne cadmium on the required six months schedule. The following jobs, at a minimum have been documented by personal employee exposure monitoring to exceed the permissible exposure limit for cadmium;  Alkali - battery breaking (chop saw), Alkali - battery breaking (table saw), Alkali - Hammermill (Feed),   Alkali - Team Leader, Breaker - Front, Breaker - Middle, Retort Oven operator, Muffin Monster - operator, Dehusker - operator, Sweat Oven - operator and Dehusker - sorter.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $2700.00 · Current $1890.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(8)(i): The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to affected employees.    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: Employees have not been informed of personal employee exposure monitoring for airborne lead either by posting or by individual written notice.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1025(d)(8)(ii): Whenever the results indicate that the representative employee exposure, without regard to respirators, exceeds the permissible exposure limit, the employer shall include in the written notice a statement that the permissible exposure limit was exceeded and a description of the corrective action taken or to be taken to reduce exposure to or below the permissible exposure limit.    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer is not providing a written notice including when the permissible exposure limit for airborne lead has been exceeded and written description of corrective actions to be taken to reduce the exposure to below the exposure limit, such as the evaluation and installation of engineering controls.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(d)(5):     "Employee Notification of Monitoring Results."    29 CFR 1910.1027(d)(5)(i):     The employer must, within 15 working days after the receipt of the results of any monitoring performed under this section, notify each affected employee of these results either individually in writing or by posting the results in an appropriate location that is accessible to employees.      Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: Employees have not been informed of personal employee exposure monitoring for airborne cadmium either by posting or by individual written notice.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(d)(5):     "Employee Notification of Monitoring Results."    29 CFR 1910.1027(d)(5)(ii):     Wherever monitoring results indicate that employee exposure exceeds the PEL, the employer shall include in the written notice a statement that the PEL has been exceeded and a description of the corrective action being taken by the employer to reduce employee exposure to or below the PEL.    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: Employees have not been informed of personal employee exposure monitoring for airborne cadmium, to include notice that the PEL is exceeded and to include corrective action to reduce exposure below the PEL, either by posting or by individual written notice.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $4500.00 · Current $0.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3)(i):     Each employer shall establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls in accordancewith the implementation schedule in paragraph (e)(1).  29 CFR 1910.1025(e)(3)(ii):     Written plans for these compliance programs shall include at least the following:    29 CFR 1910.1025(e)(3)(ii)(A):     A description of each operation in which lead is emitted; e.g. machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures and maintenance practices;      Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012:  The employer's written compliance plan does not include specific details on machinery used, the variety of material processed, employee job responsibilities, operating procedures and relevant maintenance practices for automated (the "Breaker,") manual and Shear line battery breaking operations.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3):     Compliance program.    29 CFR 1910.1025(e)(3)(ii):     Written plans for these compliance programs shall include at least the following:    29 CFR 1910.1025(e)(3)(ii)(B):     A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to lead;    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012:  The employer's written compliance plan does not include any engineering plans or studies for determining methods for reducing employee exposure to airborne lead.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3):     Compliance program.  29 CFR 1910.1025(e)(3)(ii):     Written plans for these compliance programs shall include at least the following:      29 CFR 1910.1025(e)(3)(ii)(C):     A report of the technology considered in meeting the permissible exposure limit;    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012:  There are no reports of the technology considered in meeting the permissible exposure limit contained in the written compliance program.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $2700.00 · Current $0.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3): Compliance program.    29 CFR 1910.1025(e)(3)(iv): Written programs must be revised and updated at least annually to reflect the current status of the program.    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012:  The employer's written compliance plan had not been updated to include new equipment and processes during the required annual revision and update. There is no information contained in the written compliance program regarding subparagraphs 1910.1025(e)(3)(ii)(A) through (C) following the introduction of the automated battery breaking process of this large scale process into production or in any subsequent annual update.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $4500.00 · Current $3150.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(4)(i): When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made at least every 3 months. Measurements of the system's effectiveness in controlling exposure shall be made within 5 days of any change in production, process, or control which might result in a change in employee exposure to lead.    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012:  for engineering controls (capture ventilation) used for the control of airborne lead measurements for capture velocity, duct velocity and/or static pressure are not taken and compared to design flow rates or pressures to assure system effectiveness in controlling employee exposures to lead. Ventilation is installed on two saws in Alkali, the torch chamber, Retort ovens, the Dehusker process and the "Muffin Monster" process.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(f)(3)(i): When ventilation is used to control exposure, measurements that demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made as necessary to maintain its effectiveness.    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012:  for engineering controls (capture ventilation) used for the control of airborne cadmium measurements for capture velocity, duct velocity and/or static pressure are not taken and compared to design flow rates or pressures to assure system effectiveness in controlling employee exposures to lead. Ventilation is installed on two saws in Alkali, Retort ovens, the Dehusker process and the "Muffin Monster" process.

Issued

2012-07-06 00:00:00

Abate by

2012-07-13 00:00:00

Penalty

Initial $6300.00 · Current $4410.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(3)(i)(A):  Select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.    Toxco, Inc., Lancaster, Ohio facility:  On March 8, 2012, an employee working in the Lead Acid automated battery breaking operation in the "Back" position responsible for the scale and forklift operation was exposed to an actual time weighted average of 691.8 micrograms per cubic meter air during a 50 minute sampling period while utilizing a half face air purifying respirator. This exposure level exceeds the maximum use concentration for the half face air purifying respirator used during this specific employee exposure sampling period.

Issued

2012-07-06 00:00:00

Abate by

2012-07-13 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0490

General-duty citation text

29 CFR 1910.1027(f)(1)(iv):  Wherever engineering and work practice controls are required and are not sufficient to reduce employee exposure to or below the PEL or, where applicable, the SECAL, the employer nonetheless shall implement such controls to reduce exposures to the lowest levels achievable. The employer shall supplement such controls with respiratory protection that complies with the requirements of paragraph (g) of this section and the PEL.    Toxco, Inc., Lancaster, Ohio facility:  The employer failed to comply with 29 CFR 1910.1027(g) as on May 4, 2012, three employees working on the Dehusker process operations were overexposed to airborne cadmium and the maximum use concentration was exceeded for the respiratory protection (1/2 face air purifying) in use; see citation 1 item 10c for exposure information.

Issued

2012-07-06 00:00:00

Abate by

2012-07-13 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0490

General-duty citation text

29 CFR 1910.1027(g)(3)(i)(A):  Select, and provide to employees, the appropriate respirators specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.    Toxco, Inc., Lancaster, Ohio facility:  a.) On May 4, 2012, an employee working in the Dehusker process rotating between the bottom belt "button" position and the loader position was exposed to a time weighted average of 126.5 micrograms cadmium per cubic meter air during a 358 minute sampling period while utilizing a half face air purifying respirator. This exposure is 2.5 times the maximum use concentration for cadmium for the half face air purifying respirator used during this specific employee exposure sampling period.    b.) On May 4, 2012, an employee working in the Dehusker process rotating through the bottom belt "button" position, the loader position and operating the forklift was exposed to a time weighted average of 121.8 micrograms cadmium per cubic meter air during a 338 minute sampling period while utilizing a half face air purifying respirator. This exposure is 2.4 times the maximum use concentration for cadmium for the half face air purifying respirator used during this specific employee exposure sampling period.    c.) On May 4, 2012, an employee working in the Dehusker process at the dump belt position, or "trash" position, was exposed to a time weighted average of 106.6 micrograms cadmium per cubic meter air during a 357 minute sampling period while utilizing a half face air purifying respirator. This exposure is 2.1 times the maximum use concentration for cadmium for the half face air purifying respirator used during this specific employee exposure sampling period.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $2700.00 · Current $0.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(n)(1)(i): The employer shall establish and maintain an accurate record of all monitoring required in paragraph (d) of this section.      29 CFR 1910.1025(n)(1)(ii): This record shall include:     29 CFR 1910.1025(n)(1)(ii)(C): The type of respiratory protective devices worn, if any;    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer did not include, as part of each monitoring record, the type of respiratory protection utilized by the individual employee during personal employee exposure monitoring.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(n)(1)(i): The employer shall establish and maintain an accurate record of all monitoring required in paragraph (d) of this section.    29 CFR 1910.1025(n)(1)(ii): This record shall include:    29 CFR 1910.1025(n)(1)(ii)(D): Name, social security number, and job classification of the employee monitored and of all other employees whose exposure the measurement is intended to represent; and    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer did not include, as part of each monitoring record, the name, social security number, job classification of the individual employee and other employees the record is intended to represent, for personal employee exposure monitoring records.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(n)(1)(i):     The employer shall establish and maintain an accurate record of all monitoring required in paragraph (d) of this section.    29 CFR 1910.1025(n)(1)(ii):     This record shall include:    29 CFR 1910.1025(n)(1)(ii)(E):     The environmental variables that could affect the measurement of employee exposure.    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer did not include, environmental variables, such as battery composition or other production activities that could impact employee exposure monitoring, as part of the personal employee exposure sampling record.

Issued

2012-07-06 00:00:00

Abate by

2015-01-14 00:00:00

Penalty

Initial $6300.00 · Current $4410.00 Reduced

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(c):  "Permissible Exposure Limit (PEL)." The employer shall assure that no employee is exposed to an airborne concentration of cadmium in excess of five micrograms per cubic meter of air (5 ug/m(3)), calculated as an eight-hour time-weighted average exposure (TWA).    Toxco, Inc., Lancaster, Ohio facility:    a.) On May 4, 2012, an employee working in the Dehusker process rotating between the bottom belt "button" position and the loader position was exposed to an eight-hour time weighted average of 94.4 micrograms cadmium per cubic meter air during a 358 minute sampling period while utilizing a half face air purifying respirator. This exposure is 18.9 times the permissible exposure limit for cadmium. Additionally, this exposure level exceeds the maximum use concentration for the half face air purifying respirator used during this specific employee exposure sampling period.     b.) On May 4, 2012, an employee working in the Dehusker process rotating through the bottom belt "button" position, the loader position and operating the forklift was exposed to an eight-hour time weighted average of 85.8 micrograms cadmium per cubic meter air during a 338 minute sampling period while utilizing a half face air purifying respirator. This exposure is 17.2 times the permissible exposure limit for cadmium. Additionally, this exposure level exceeds the maximum use concentration for the half face air purifying respirator used during this specific employee exposure sampling period.     c.) On May 4, 2012, an employee working in the Dehusker process at the first belt position, or "trash" position, was exposed to an eight-hour time weighted average of 79.3 micrograms cadmium per cubic meter air during a 357 minute sampling period while utilizing a half face air purifying respirator. This exposure is 15.9 times the permissible exposure limit for cadmium. Additionally, this exposure level exceeds the maximum use concentration for the half face air purifying respirator used during this specific employee exposure sampling period.    d.) On May 4, 2012, an employee working as a Retort Oven operator trainee was exposed to an eight-hour time weighted average of 1,022.7 micrograms cadmium per cubic meter air during a 366 minute sampling period while utilizing a full face powered air purifying respirator. This exposure is 204.6 times the permissible exposure limit for cadmium.     e.) On May 4, 2012, an employee working as a Retort Oven operator was exposed to an eight-hour time weighted average of 176.9 micrograms cadmium per cubic meter air during a 366 minute sampling period while utilizing a full face powered air purifying respirator. This exposure is 35.4 times the permissible exposure limit for cadmium.

Issued

2012-07-06 00:00:00

Abate by

2015-01-14 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(f)(1)(ii):  Except as specified in paragraphs (f)(1)(iii) and (iv) of this section, in industries where a separate engineering control air limit (SECAL) has been specified for particular processes (See Table 1), the employer shall implement engineering and work practice controls to reduce and maintain employee exposure at or below the SECAL, except to the extent that the employer can demonstrate that such controls are not feasible.     Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012:     a.) An employee working on the Dehusker process was exposed 6.3 times the separate engineering control air limit categorized as a "nickel cadmium battery all other" process which is 15 micrograms cadmium per cubic meter air (see citation 1 item 12 instances a. for exposure information.)  b.) An employee working on the Dehusker process was exposed 5.7 times the separate engineering control air limit categorized as a "nickel cadmium battery all other" process which is 15 micrograms cadmium per cubic meter air (see citation 1 item 12 instances b. for exposure information.)  c.)An employee working on the Dehusker process was exposed 5.3 times the separate engineering control air limit categorized as a "nickel cadmium battery all other" process which is 15 micrograms cadmium per cubic meter air (see citation 1 item 12 instances c. for exposure information.)  d.) An employee operating the Retort Oven processes was exposed 20.5 times the separate engineering control air limit categorized as a "cadmium refining melting" process which is 50 micrograms cadmium per cubic meter air (see citation 1 item 12 instances d. for exposure information.)  e. An employee operating the Retort Oven processes was exposed 3.5 times the separate engineering control air limit categorized as a "cadmium refining melting" process which is 50 micrograms cadmium per cubic meter air (see citation 1 item 12 instances e. for exposure information.)    Due to these workplace conditions, employees have exposure to inhalation hazards associated with airborne cadmium which includes cancer risk, lung and kidney disease.    Abatement Note:    Step 1 - Abatement due     Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within permissible exposure limits. For selection of appropriate respiratory protection equipment, actual time weighted averages for employee exposure must be used to determine maximum use concentrations.    Step 2: Abatement due     Submit to the Area Director a written, detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposure to hazardous substances as referenced in this citation. This plan shall include, at the minimum, target dates for the following actions which must be consistent with the abatement dates required by this citation:     1. Evaluation of engineering/administrative control options;    2. Selection of optimum control methods and completion of design;    3. Procurement, installation and operation of selected control measures;    4. Testing and acceptance  or modification/redesign of controls.    All proposed control measures shall be approved for each particular use by a competent industrial hygienist, certified industrial ventilation specialist experienced in complex processes or other technically qualified person.    Step 3: Abatement due    Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.    Feasible administrative and/or engineering controls could include, but the employer is not bound by or limited to, the following:    1. Equip processes with local exhaust ventilation such as, but not limited to, downdraft collection tables, hooded work positions for anticipated job functions and slotted hoods at emission points.    2. Utilize wet methodology where not in place or increase moisture content prior to discharge points of process.    3. Develop work practices to reduce emissions of particulate matter into the breathing zone.    4. Evaluate and increase the effectiveness of existing ventilation sources.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $4500.00 · Current $0.00 Reduced

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(f)(2)(ii): Written compliance programs shall include at least the following:    29 CFR 1910.1027(f)(2)(ii)(A): A description of each operation in which cadmium is emitted; e.g., machinery used, material processed, controls in place, crew size, employee job responsibilities, operating procedures, and maintenance practices;    Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer's written compliance plan does not include specific details on machinery used, the variety of material processed, employee job responsibilities, operating procedures and relevant maintenance practices for the Dehusker operation and Retort Oven operations.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(f)(2)(ii): Written compliance programs shall include at least the following:  29 CFR 1910.1027(f)(2)(ii)(B): A description of the specific means that will be employed to achieve compliance, including engineering plans and studies used to determine methods selected for controlling exposure to cadmium, as well as, where necessary, the use of appropriate respiratory protection to achieve the PEL;  Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012:  The employer's written compliance plan does not include any engineering plans or studies for determining methods for reducing employee exposure to airborne cadmium.

Issued

2012-07-06 00:00:00

Abate by

2012-09-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(f)(2)(ii)(C):     A report of the technology considered in meeting the PEL;    29 CFR 1910.1027(f)(2)(ii):     Written compliance programs shall include at least the following:        Toxco,Inc.,  Lancaster, Ohio facility - As of and prior to February 2, 2012: The written compliance program did not contain any information regarding technology considered to reduce airborne cadmium exposure to permissible exposure levels.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $2700.00 · Current $0.00 Reduced

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(n)(1)(i): The employer shall establish and keep an accurate record of all air monitoring for cadmium in the workplace.  29 CFR 1910.1027(n)(1)(ii): This record shall include at least the following information:  29 CFR 1910.1027(n)(1)(ii)(B): The name, social security number, and job classification of the employees monitored and of all other employees whose exposures the monitoring is intended to represent;    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer did not include, as part of each monitoring record, the name, social security number, job classification of the individual employee and other employees the record is intended to represent, for personal employee exposure monitoring records.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(n)(1)(ii)(D):     The type of respiratory protective device, if any, worn by the monitored employee;    29 CFR 1910.1027(n)(1)(ii):     This record shall include at least the following information:    29 CFR 1910.1027(n)(1)(i):     The employer shall establish and keep an accurate record of all air monitoring for cadmium in the workplace.    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer did not include, as part of each monitoring record, the type of respiratory protection utilized by the individual employee during personal employee exposure monitoring.

Issued

2012-07-06 00:00:00

Abate by

2012-08-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 04900491

General-duty citation text

29 CFR 1910.1027(n)(1)(ii)(E):     A notation of any other conditions that might have affected the monitoring results.    29 CFR 1910.1027(n)(1)(ii):     This record shall include at least the following information:    29 CFR 1910.1027(n)(1)(i):     The employer shall establish and keep an accurate record of all air monitoring for cadmium in the workplace.    Toxco, Inc., Lancaster, Ohio facility - As of and prior to February 2, 2012: The employer did not include other conditions, such as battery composition or other production activities, that could impact employee exposure monitoring as part of the personal employee exposure sampling record.