OSHA Inspection: DONALD R. KLEINE

Issued

Oct 29, 2012

Abate by

Dec 31, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):     The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees:    A.) Vortex Recycling/North Wall Area - On or about 4/30/12, Employees were potentially exposed to fire and explosion hazards from the ignition of natural gas leaks in that gas supply hoses and hose connectors were not  configured  and installed properly.  Flexible hoses were routed from the gas outlet/shut-off located above the floor to the natural gas fired heaters on the floor.  The hose was a standard general purpose hose and was not listed/labeled for use with natural gas.  The connectors utilized to join the hoses consisted of standard hose clamps and were not listed labeled for use with natural gas.    B.) Vortex Recycling/North Wall Area - On or about 4/30/12, Employees were potentially exposed to fire and explosion hazards from the ignition of natural gas leaks in that natural gas outlets/shut-offs were not properly located and marked.  Flexible hoses were routed from the gas outlet/shut-off located above the floor to the natural gas fired heaters on the floor.  The natural gas outlet/shut-off was not marked and/or labeled so personnel could properly identify it in the event of a natural gas leak and/or other emergency.  In addition, the natural gas shut-off was located 7-feet above the floor and could not be easily reached by personnel in the event of a natural gas leak and/or other emergency.    ABATEMENT NOTE:  Among other methods, feasible and acceptable methods to correct the conditions include complying with the applicable requirements noted in NFPA 54/ANSI Z223.1-1999 ~ National Fuel Gas Code:    National Fuel Gas Code Sections 3.10 and 5.5.4 requires the manual shut-off valves and manifolds to be plainly marked and located within close proximity to the equipment it serves.    National Fuel Gas Code Sections 5.5.1 & 5.5.2 requires gas utilization equipment to be connected with hose and hose connectors that are designed and manufactured for natural gas.

Issued

Oct 29, 2012

Abate by

Dec 31, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):     The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in the employees:    A.) Vortex Recycling - On or about 8/29/12 and at times prior thereto, Employees were potentially exposed to struck-by/caught-between hazards and related crush injuries from a lack of information on the load capacities and proof testing associated with below the hook lifting devices.  The spreader bar below the hook lifting device was utilized in conjunction the facilities P & H overhead crane to lift/maneuver items that included but were not limited to Sea Containers.  Employees who utilized the device were unaware of the spreader bar's load capacity.         ABATEMENT NOTE:  Among Other Methods, Feasible and Acceptable means to correct the conditions noted above include complying with applicable requirements noted in ASME B30.20.  Below the Hook Lifting Devices by:     1. Utilizing a durable substance or device to mark the Spreader Bar with the following information: (a.) Rated load capacity (b) Spreader Bar Weight (c) Safety Warnings noted in ASME B30.20 Below the Hook Lifting Devices     2. Proof Testing the Spreader Bar by utilizing the requirements noted in ASME B30.20.  Below the Hook Lifting Devices    3. Develop an inspection program for the spreader bar that follows the crietia outlined in ASME B30.20.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):     The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were:    A) Vortex Recycling - On or about August 22, 2012, employees were exposed to crush hazards from being ejected from  powered industrial trucks due to their non-use of installed powered industrial truck safety equipment. Powered industrial truck operators were not wearing/utilizing the seat belts that were installed in the powered industrial trucks they were operating.  The Powered industrial truck operators were utilizing the Hyster forklift (E100XLS) and Yale forklift (ERC100 HDN365V108FR) to maneuver a scrap container.    ABATEMENT NOTE: Among other means, acceptable and feasible methods to correct the conditions include, but are not limited to following the applicable requirements noted in ANSI/ITSDF B56.1-2009.

Issued

Oct 29, 2012

Abate by

Oct 30, 2012

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.22(c):     Covers and/or guardrails were not provided to protect personnel from the hazards of open pits, tanks, vats, ditches, etc.        A).  Vortex Recycling - On or about 8/22/12 and at times prior thereto,  employees were not protected from falling into sections of the pit. The unguarded section of the pit extended from the rail road tracks to the small wall.  Personnel were potentially exposed to fall hazards into the pit while conducting work operations associated with operating start/stop controls for the conveyor, installing/removing fasteners on rail car bottom doors, and knocking/shoveling filters into the pit.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.23(c)(1):     Open-sided floors and/or platforms four feet or more above adjacent floor or ground level were not guarded with standard railings (or equivalent) and toeboards:  Note:  Toeboards are only required when persons can pass, there is moving equipment or there is equipment with which falling materials could create a hazard.    A)  Vortex Recycling/Railroad Car Areas - On or about July 31, 2012 and at times prior thereto, personnel were exposed to a fall hazard of 16-feet while working a top the chip cars.  Work activities included but were not limited to removing bows and tarps.  Personnel were not protected from falling by guardrail systems.    B)  Vortex Recycling/Megacrusher - On or about August 31, 2012 and at times prior thereto, personnel were exposed to a fall hazard of 55-inches while climbing and working on top of the north side of the Megacrusher.  Work activities on top of the machine included but were not limited to accessing the ding door and clearing bridge by the die. Personnel were not protected from falling by guardrail systems.    IN THE ALTERNATIVE:  29 CFR 1910.132(a): Protective equipment was not used whenever hazards causing injury or impairment were encountered:    A)  Vortex Recycling/Railroad Car Areas  On or about July 31, 2012 and at times prior thereto, personnel were exposed to a fall hazard of 16-feet while working a top the chip cars.  Work activities included but were not limited to removing bows and tarps.  Personnel were not protected from falling by personnel fall arrest systems.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.29(a)(2)(v):     All exposed surfaces shall be free from sharp edges, burrs or other safety hazards.        A).  Vortex Recycling/Southside of the Megacrusher Below the Barrel Screen/Mobile Ladder Stand - On or about 8/30/12 and at times prior thereto,  the ladder stands stair treads were dented, damaged and worn.  The stairs were covered in oil residue and fluff.  The handrails were also covered in an oily residue. The condition potentially exposed personnel to a fall hazard.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.36(g)(4):     Objects that projected into the exit route reduced the width of the exit route to less than the minimum width requirements for exit routes.        A).  Vortex Recycling  On or about 4/30/12, an exit door was partially blocked by portable stairs on the outside of the building.  The stairs were utilized to access the pit area of the oil silo.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.145(c)(3):     Safety instruction sign(s) were not used where there was a need for general instructions and suggestions relative to safety measure(s):      A).  Vortex Recycling - On or about 4/30/12,  employees were permitted to smoke throughout the facility.  Signs stating NO SMOKING were not posted by the compressed gas cylinder storage areas.  These areas contained oxygen and acetylene cylinders.    B).  Vortex Recycling - On or about 4/30/12,  employees were permitted to smoke throughout the facility.  Signs stating NO SMOKING were not posted by the forklift battery charging area to notify employees to not smoke in and around forklift battery charging operations.

Issued

Oct 29, 2012

Abate by

Dec 31, 2012

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.147(c)(1):     The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:        A.)  Vortex Recycling/Megacrusher - On or about April 30, 2012, the company had not developed a lockout/tagout program consisting of lockout/tagout hardware, energy control procedures, employee training, periodic inspections, and group lockout/tagout procedures.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.176(f):     Derail and/or bumper blocks were not provided on spur railroad tracks where a rolling car could contact other cars being worked or enter a building, work or traffic area:        A).  Vortex Recycling - On or about 8/16/12 and at times prior thereto,  employees were working near and around rail cars performing activities that include but were not limited to operations associated with unloading filters into the pit area and opening/closing bottom doors on rail cars.  Derailing/blocking devices were not utilized on rail cars at the pit area and/or staged to come into the building at the north end of the facility.

Issued

Oct 29, 2012

Abate by

Dec 31, 2012

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.178(a)(4):     Modifications and additions which affected capacity and safe operation were performed by the customer or user without manufacturers written approval, and the capacity, operation and maintenance instruction plates, tags or decals were not changed accordingly      A.) Vortex Recycling - On or about 8/29/12 and at times prior thereto, forklift operators have not received training on the fork lift attachments. Personnel operated Yale and Hyster forklifts with forklift attachments.  These attachments included but were not limited to man basket lift platform, elevated man basket lift platform (1220 PDB), jib boom attachment and rotator attachments.

Issued

Oct 29, 2012

Abate by

Feb 8, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(a)(5):     The powered industrial truck was equipped with front-end attachments other than factory installed attachments, however the employer did not request that the truck be marked to identify the attachments and show the approximate weight of the truck and attachment combination at maximum elevation with load laterally centered:    A.) Vortex Recycling  On or about 8/29/12 and at times prior thereto, personnel operate Yale forklifts with forklift attachments.  These attachments included man basket lift platform, elevated man basket lift platform (1220 PDB), and a jib boom style attachment.  Company has not obtained the approval from the forklift manufactures to determine for the forklift attachments.    B.) Vortex Recycling  On or about 8/29/12 and at times prior thereto, personnel operate Hyster forklifts with forklift attachments.  These attachments included man basket lift platform, elevated man basket lift platform (1220 PDB), and a jib boom style attachment.  Company has not obtained the approval from the forklift manufactures to determine for the forklift attachments.

Issued

Oct 29, 2012

Abate by

Dec 31, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(3)(i)(G):     Powered industrial truck operators did not receive initial training on fork and attachment adaptation, operation, and use limitations      A.) Vortex Recycling  On or about 8/29/12 and at times prior thereto, personnel operate Yale forklifts with forklift attachments.  These attachments included man basket lift platform, elevated man basket lift platform (1220 PDB), and a jib boom style attachment.  Company has not performed any special attachment training.      B.) Vortex Recycling  On or about 8/29/12 and at times prior thereto, personnel operate Hyster forklifts with forklift attachments.  These attachments included man basket lift platform, elevated man basket lift platform (1220 PDB), and a jib boom style attachment.  Company has not performed any special attachment training.

Issued

Oct 29, 2012

Abate by

Dec 31, 2012

Penalty

Initial $2,000 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.178(l)(6):     The employer did not certify that each operator has been trained and evaluated as required by this paragraph (l):    A.) Vortex Recycling/Pre-Stage Area - On or about 8/29/12 and at times prior thereto, personnel operate Yale and Hyster forklifts throughout the company's facility and grounds.  Forklift operators have not received effective powered industrial truck training.    B.) Vortex Recycling/Pre-Stage Area - On or about 8/29/12 and at times prior thereto, personnel operate Yale and Hyster forklifts throughout the company's facility and grounds.  Forklift operators hired after calendar year 2010 have not received powered industrial truck training and have not been evaluated.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.179(l)(3)(i):     Unsafe condition(s) disclosed during the frequent or periodic inspection(s) required by 29 CFR 1910.179(j) were not corrected before operation of the crane(s) was resumed:    A.) Vortex Recycling/P & H Overhead Crane - On or about 4/30/12 and at times prior thereto, P&H crane was operated with deficiencies identified in the February 2012 crane inspection report.  Several of the items noted in the February 2012 crane inspection report were repeat items that were originally identified in the November 2010 crane inspection report.  Deficiencies included but were not limited to speed control on auxiliary hoist, magnet cable lower cord grip, bridge brake not operating, main and auxiliary wire ropes with broken strands

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.179(b)(5):     The rated load of crane(s) was not plainly marked on each side of the crane:            A.) Vortex Recycling/P & H Overhead Crane - On or about 4/30/12 and at times prior thereto, P&H crane was not marked with the crane load limits/capacity

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.179(f)(6)(ii):     Cab-operated crane(s), with cab on trolley, were not provided with bridge brake(s) of the holding type:      A.) Vortex Recycling/P & H Overhead Crane - On or about 4/30/12 and at times prior thereto, P&H crane was operated with deficiencies identified in the February 2012 crane inspection report.  Several of the items noted in the February 2012 crane inspection report were repeat items that were originally identified in the November 2010 crane inspection report.  Deficiencies included but were not limited to speed control on auxiliary hoist, magnet cable lower cord grip, bridge brake not operating, main and auxiliary wire ropes with broken strands

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.184(f)(5)(iii):     Wire rope sling(s) that had kinking, crushing, bird caging or other damage resulting in distortion of the wire rope structure were not immediately removed from service:      A.) Vortex Recycling/Pre-Stage Area - On or about 8/16/12 and at times prior thereto, the wire rope sling displayed signs of crushing on the areas inside the slings eyelets.  The wire rope sling was utilized for lifting activities with the P & H Crane.  These activities included but were not limited to lifting Sea Containers.

Issued

Oct 29, 2012

Abate by

Dec 31, 2012

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.212(a)(1):     One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:    A.)  Vortex Recycling/Megacrusher - On or about August 16, 2012 and at times prior thereto, moving parts on the Megacrusher were not guarded. The unguarded moving parts included but were not limited to the hydraulic cylinder and associated arms/connections, leaf springs, pusher arm/rods, and the ram.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.219(b)(1):     Flywheels. Flywheels located so that any part is seven (7) feet or less above floor or platform shall be guarded in accordance with the requirements of this subparagraph:    A.)  Vortex Recycling/Megacrusher - On or about August 22, 2012 and at times prior thereto, the flywheel guard did not completely enclose the flywheel. A gap of up to 1-foot 7-inches existed on the left side of the guard.  The bottom of the flywheel was located less than 2-feet above the floor.    B.)  Vortex Recycling/Megacrusher/Back Box Area - On or about August 16, 2012 and at times prior thereto, rotating counterweight for the vibrator was not guarded.  Counterweight was located less than 4-feet above the floor.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.253(b)(2)(ii):     Assigned storage spaces for cylinders was not located away from elevators, stairs, or gangways where cylinders could not be knocked over or damaged by passing or falling objects, or subject to tampering by unauthorized persons:        A). Vortex Recycling - On or about 4/30/12,  the company was storing acetylene by the bay doors for the Back Barrel Room.  These cylinders were full and were exposed to being struck-by forklift traffic.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.303(b)(2):     Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:      A).  Vortex Recycling  On or about 4/30/12, employees were utilizing the Rally 500 Watt Halogen work light without its wire cage guard.    B.) Vortex Recycling/Megacrusher/Near the Canoe Area  On or about 8/16/12, an orange colored work light was positioned inside the canoe area and was being utilized without its cage guard.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.303(b)(6):     Conductors or equipment were located in damp or wet locations; where exposed to gases, fumes, vapors, liquids, or other agents that had a deteriorating effect on the conductors or equipment; or where exposed to excessive temperatures        A.) Vortex Recycling/Megacrusher/Near the Canoe Area - On or about 8/16/12, an orange colored work light was positioned inside the canoe area within approximately 6-inches of the oil inside the tank.  The work light's casing was broken and displayed signs of heat exposure and discoloration.    Abatement Note:  Among other methods, feasible and acceptable means to correct the condition include discontinue utilizing the portable work lights inside the canoe area.  Mount a fixed work light out and away from the canoe area.

Issued

Oct 29, 2012

Abate by

Nov 20, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.334(a)(2)(ii):     There was a defect or evidence of damage that could have exposes an employee to injury and the defective or damaged item was not removed from service:    A) Vortex Recycling - On or about 4/30/12, a damaged extension cord was being utilized to power a halogen work light under the silo of the Megacrusher.    B.) Vortex Recycling/Megacrusher/Near the Canoe Area - On or about 8/22/12, the flexible cord utilized to power the chopper pump was damaged.  The cords outer jacket was pulled away from the cord cap which exposed its internal conductors

Issued

Oct 29, 2012

Abate by

Dec 12, 2012

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.132(a):     Protective equipment, including protective shields and barriers, were not used whenever hazards causing injury or impairment were encountered:      A).  Vortex Recycling/Pit Area/Conveyor Sorting Platforms - On or about 8/22/12 and at times prior thereto,  employees were not protected by shields and barriers from struck-by hazards associated with used oil filters and other objects falling backwards down the conveyor.

Issued

Oct 29, 2012

Abate by

Dec 17, 2012

Penalty

Initial $5,600 · Current $2,800 Reduced

General-duty citation text

29 CFR 1910.178(p)(1):     Where powered industrial trucks were found to be in need of repair, defective, or in any way unsafe, the trucks were not taken out of service until they had been restored to safe operating condition    A.) Vortex Recycling - On or about 8/29/12 and at times prior thereto, personnel operated forklifts that contained defects associated with non-functioning safety devices (e.g. horns/back-up alarms), damaged/worn tires, and foot pedals missing rubber covers.  These forklifts included but were not limited to:    (1) Hyster Forklift Identified with #1  Defects included but were not limited to non-functioning horn, non-functioning strobe, and damaged/worn tires.    (2) Yale Forklift Identified with #4 - Defects included but were not limited to damaged/worn tires.    (3) Hyster Forklift Identified with #5 - Defects included but were not limited to damaged/worn tires and a non-functioning strobe light.    (2) Hyster Forklift Identified with #2 - Defects included but were not limited to damaged/worn tires and rotator control lever missing a knob.    Vortex Recycling was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.178(p)(1), which was contained in OSHA inspection number 113176614, citation number 1, item number 1 which was issued on July 15, 2008 and became final order in August 2008.