OSHA Inspection: TOM CAT BAKERY INC.

Issued

Dec 3, 2012

Abate by

Feb 15, 2013

Penalty

Initial $2,525 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not establish and implement a written respiratory protection program with worksite specific procedures to protect the health of the employee or whenever respirators are required by the employer:    a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees were provided with and required to wear Moldex 2300 N95 series particulate respirators  with exhale valve while performing silo cleaning operations.      WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

Dec 3, 2012

Abate by

Feb 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:    a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees were provided with Gerson 1501 Dust Mask for voluntary use while performing baking opertions.      WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

Dec 3, 2012

Abate by

Feb 15, 2013

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:    a) On or about 02/23/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees were provided with and required to wear Moldex 2300 N95 series particulate respirators  with exhale valve while performing silo cleaning operations.  Employees were not provided with a medical evaluation prior to respirator use.    WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

Dec 3, 2012

Abate by

Feb 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter:    a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees were provided with and required to wear Moldex 2300 N95 series particulate respirators  with exhale valve while performing silo cleaning operations.  Employees were not fit tested prior to initial use, and annually thereafter.    WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

Dec 3, 2012

Abate by

Feb 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to employees required to use respirators as required by (k)(1) through (vii) of the standard:    a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees were provided with and required to wear Moldex 2300 N95 series particulate respirators  with exhale valve while performing silo cleaning operations were not trained.    WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

Dec 3, 2012

Penalty

Initial $4,208 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:    a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees enter silos monthly to remove/clean excess flour from the sides and edges. The silos present the potential of a hazardous atmosphere; engulfment; limited means of egress; and are not designed for continuous occupancy.        ABATEMENT VERIFICATION IS NOT REQUIRED.

Issued

Dec 3, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:     a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Two silos were not identified as a Permit-Required Confined Space.  Employees enter the silos monthly to remove/clean excess flour from the sides and edges.       ABATEMENT VERIFICATION IS NOT REQUIRED.

Issued

Dec 3, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:      a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees enter silos on a monthly basis to remove/clean excess flour from the sides and edges.  A permit space program was not developed and implemented.    ABATEMENT VERIFICATION IS NOT REQUIRED.

Issued

Dec 3, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:        a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees required to perform work in permti-required confined spaces were not provided with training.  Employees enter silos on a monthly basis to remove/clean excess flour from the sides and edges.      ABATEMENT VERIFICATION IS NOT REQUIRED.

Issued

Dec 3, 2012

Abate by

Jan 5, 2013

Penalty

Initial $4,208 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.263(e)(2): Vertical mixers did not comply with paragraphs (e)(1)(i), (iii), (ix) and (x), of this section:    a) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Two (2) Sancassiano mixers did not have a guard/cover over the mixing bowl to prevent employees from coming in contact with moving parts.    ABATEMENT VERIFICATION IS NOT REQUIRED.

Issued

Dec 3, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.37(a)(4): Safeguard(s) designed to protect employees during an emergency (e.g., sprinkler systems, alarm systems, fire doors, exit lighting), were not in proper working order at all times:    a) On or about 06/07/2012 - throughout establishment, 43-05 10th Street, Long Island City, NY    The bulbs in exit signs designed to be illuminated were not maintained.    ABATEMENT VERIFICATION IS NOT REQUIRED.

Issued

Dec 3, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.37(b)(4): Signs were not posted along the exit access indicating the direction of travel to the nearest exit and exit discharge when the direction of travel to the exit or exit discharge was not immediately apparent:    a) On or about 06/07/2012 - throughout establishment, 43-05 10th Street, Long Island City, NY    The direction of travel to the nearest exit was not in the line-of-sight and directional exit signs were not provided.    ABATEMENT VERIFICATION IS NOT REQUIRED.

Issued

Dec 3, 2012

Abate by

Jan 5, 2013

Penalty

Initial $0 · Current $0

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) On or about 06/07/2012 - production area, 43-05 10th Street, Long Island City, NY    Employees service and repair equipment with multiple energy sources or the potential for accidental start-up or release of hazardous energy.  The employer did not develop a program consisting of energy control procedures, employee training and periodic inspections.     WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.

Issued

Dec 3, 2012

Abate by

Feb 15, 2013

Penalty

Initial $0 · Current $0

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) On or about 06/07/2012 - establishment, 43-05 10th Street, Long Island City, NY    Employees handle products to include Sodium Hydroxide and Isobutane contained in 3M Stainless Steel Cleaner & Polisher while performing baking and maintenance operations.      WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.    ABATEMENT NOTE:    A written program should include descriptions of how the criteria for the following will be met:    1. Labeling and other forms of warning.   2. Material Safety Data Sheets.  3. Employee information and training will be met.  4. A list of hazardous chemicals known to be present in the workplace must be compiled.  5. The methods used by the employer to inform employees of the hazard on non-routine tasks.  6. In addition, the methods the employer will use to inform other employer(s) of:      a. any precautionary measures that need to be taken to protect employees during the workplaces normal operating    conditions;      b. any precautionary measures that need to be taken in foreseeable emergencies and;       c. the labeling system used in the workplace.  7. Labels shall include at least the identity of the hazardous chemical(s), the appropriate hazard warnings, the target organ, and the name and address of the chemical manufacturer, importer or other responsible party.

Issued

Dec 3, 2012

Abate by

Feb 15, 2013

Penalty

Initial $0 · Current $0

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) On or about 06/07/2012 - establishment, 43-05 10th Street, Long Island City, NY    Employees handle products to include Sodium Hydroxide and Isobutane contained in 3M Stainless Steel Cleaner & Polisher while performing baking and maintenance operations.      WRITTEN ABATEMENT CERTIFICATION IS REQUIRED PURSUANT TO 29 CFR 1903.19.    ABATEMENT NOTE:    Employees shall be informed of:    1. The requirements of this section.  2. Any operations where hazardous chemicals are present.  3. The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and Material Safety Data Sheets.    Employee training shall include at least:    1. Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area.  2. The physical health hazards of the chemicals in the work area.  3. The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used.  4. The details of the employers Hazard Communication Program including an explanation of labeling systems, Material Safety Data Sheets and how employees can obtain and use the appropriate hazard information.  5. Methods and observations that may be used to recognize hazardous substances that may be introduced into the work environment by other employers/employees at multi-employer worksites.