OSHA Inspection: SEARS HOLDINGS CORPORATION

Issued

Sep 28, 2012

Abate by

Oct 1, 2012

Penalty

Initial $4,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.106(e)(2)(iv)(b): Where flammable or combustible liquids are used or handled, except in closed containers, means were not provided to dispose promptly and safely of leakage or spills.    a) Mechanics area - Employees were using leaking containers to transfer gasoline into equipment. The containers were not removed safely from use; On or about 04/12/12.

Issued

Sep 28, 2012

Abate by

Oct 15, 2012

Penalty

Initial $4,000 · Current $0 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:    a) Workplace - Employees use and are exposed to hazardous materials such as, but not limited to, acetone, toluene, xylene, methanol, and ethyl benzene used in products such as, but not limited to, Berkebile 2+2 Gum Cutter and Craftsman Premium 2-cycle fuel. The employer did not maintain a written Hazard communication program for employee information and training; on or about 04/12/12    Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.    ABATEMENT NOTE:    The Written Hazard Communication Program must include descriptions of how the following program elements, required by this regulation, will be developed, implemented, and conveyed to the employers employee(s) who are exposed to hazardous materials:    a.Labeling and other forms or warnings:    Labels shall include at least the identity of the hazardous chemical(s), the appropriate hazard warnings, the target organs, and the name and address of the manufacturer, importer or other responsible party;    b.A list of inventory of all hazardous materials known to be present in the workplace must be compiled and maintained as part of the employers written Hazard Communication Program;    c.Material Safety Data Sheets (MSDSs) for all materials used by employee(s) in the workplace must be maintained and readily available to all employee(s) on all shifts;    d.The employers Hazardous Materials Information and Training Program must be based upon the employers written Hazard Communication Program. The training for the employee(s) must include at least:    Methods and observation that may be used to detect the presence or release of hazardous chemicals in the work area.    The physical and health hazard in the work area.    The measure employee(s) can take to protect themselves, such as, specific procedures, appropriate work practices, emergency procedures, and personal protective equipment to be used.     The details of the employers Hazard Communication Program including an explanation of the labeling system used, Material Safety Data Sheets and how employees can obtain and use the appropriate hazard information,    e.Methods used to inform employees of the hazards associated with non routine tasks must also be addressed in the employers written program; and    f.The employers written Hazard Communication Program must be available upon request.    For Multi Employer Work places, the employers written Hazard Communication Program must also specifically address how:      a.Material Safety Data Sheets for each hazardous material on the job site will be provided to other employers employee(s) may be exposed to these materials.    b.The methods the employer will use to inform other employer(s) of any precautionary measures that need to be taken to protect employee(s) during normal operating conditions and in foreseeable emergencies.    c.The methods the employer will use to inform the other employer(s) of the labeling system used in the workplace.

Issued

Sep 28, 2012

Abate by

Oct 15, 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 for each hazardous chemical in use:    a) Workplace - Employees who use and are exposed to hazardous materials such as, but not limited to, acetone, tolune, xylene, methonol, and ethylbenzene used in products such as, but not limited to, Berkebile 2+2 Gum Cutter and Craftsman Premium 2-cycle fuel, did not have material safety data sheets; on or about 04/12/12    Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Sep 28, 2012

Abate by

Oct 15, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift:    a) Workplace - Employees who use and are exposed to hazardous materials such as, but not limited to, acetone, toluene, xylene, methanol, and ethyl benzene used in products such as, but not limited to, Berkebile 2+2 Gum Cutter and Craftsman Premium 2-cycle fuel were not provided with material safety data sheets; on or about 04/12/12.

Issued

Sep 28, 2012

Abate by

Oct 15, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h): Employees were not provided effective 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 in:    a) Workplace - Employees who use and are exposed to hazardous materials such as, but not limited to, acetone, toluene, xylene, methanol, and ethyl benzene used in products such as, but not limited to, Berkebile 2+2 Gum Cutter and Craftsman Premium 2-cycle fuel were not informed or trained in the following topic areas required by the Hazard Communication Standard;  On or about 04/12/12.:    Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.    1.The details of the employers Hazard Communication Program including an explanation of labeling system(s), Material Safety Data Sheets and how employees can obtain and use the appropriate hazard information as required by this section.    2.Any operations where hazardous materials are present;    3.The location and availability of the written Hazard Communication Program;    4.The inventory or list(s) of hazardous material present in the workplace;    5.Material Safety Data Sheets (MSDS);    6.Methods and observations that may be used to detect the presence or release of hazardous material in the work area;    7.The physical and health hazards of the materials in the work area; and    8.The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used.