OSHA Inspection: KIRKER ENTERPRISES, INC.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $4,950 · Current $2,970 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(ii):     The employer did not document that equipment complies with recognized and generally accepted good engineering practices.      a) Processing department: The employer did not document in the process safety information the ventilation system redesign complies with recognized and generally accepted good engineering practices thus exposing employees to a potential explosive atmosphere due to a lack of sufficient air flow, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $0 · Current $2,970

General-duty citation text

29 CFR 1910.119(e)(3)(iv):     The process hazard analysis shall address: consequences of failure of engineering and administrative controls;      a) Processing department: The process hazard analysis did not address the ventilation system underperformance thus exposing employees to a potential explosive atmosphere due to a lack of sufficient air flow, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $4,950 · Current $2,970 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(i):     The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: steps for each operating phase.    a) Processing department: Operating procedure of gel manufacturing/homogenization, document No: KIR-WI-MFG 008 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  b) Processing department: Operating procedure of thermo-oxidizer, document No: KIR- SOP-014 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  c) Processing department: Operating procedure of static grounding and bonding, document No: KIR- SOP-MFG-003 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  d) Processing department: Operating procedure of base transfer to product tank, document No: KIR-WI-MFG-015 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  e) Processing department: Operating procedure of mix tank solvent loading, document No: KIR-WI-MFG-016 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  f) Processing department: Operating procedure of transfer of suspension base, document No: KIR- WI-MFG-017 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  g) Processing department: Operating procedure of manufacture of suspension base, document No: KIR-WI-MFG-005 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  h) Processing department: Operating procedure of tank washer, document No: KIR- WI-MFG-020 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  i) Processing department: Operating procedure of procedure for corrective steps for overage, document No: KIR- SOP-MFG-008 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.  j) Processing department: Operating procedure of manufacturing nail polish shades, document No: KIR-SOP-MFG-002 does not contain steps for each operating phase, thus exposing employees to a potential fire hazard, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(A):     The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements: Consequences of deviation;     a) Processing department: Operating procedure of gel manufacturing/homogenization, document No: KIR-WI-MFG 008 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  b) Processing department: Operating procedure of thermo-oxidizer, document No: KIR- SOP-014 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  c) Processing department: Operating procedure of static grounding and bonding, document No: KIR- SOP-MFG-003 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  d) Processing department: Operating procedure of base transfer to product tank, document No: KIR-WI-MFG-015 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  e) Processing department: Operating procedure of mix tank solvent loading, document No: KIR-WI-MFG-016 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  f) Processing department: Operating procedure of transfer of suspension base, document No: KIR- WI-MFG-017 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  g) Processing department: Operating procedure of manufacture of suspension base, document No: KIR-WI-MFG-005 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  h) Processing department: Operating procedure of tank washer, document No: KIR- WI-MFG-020 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  i) Processing department: Operating procedure of procedure for corrective steps for overage, document No: KIR- SOP-MFG-008 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  j) Processing department: Operating procedure of manufacturing nail polish shades, document No: KIR-SOP-MFG-002 does not address consequences of deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(B):     The employer did not develop and implement written operating procedures that provide clear instructions for steps required to correct or avoid deviation from the operating limits in the covered process.    a) Processing department: Operating procedure of gel manufacturing/homogenization, document No: KIR-WI-MFG 008 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  b) Processing department: Operating procedure of thermo-oxidizer, document No: KIR- SOP-014 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  c) Processing department: Operating procedure of static grounding and bonding, document No: KIR- SOP-MFG-003 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  d) Processing department: Operating procedure of base transfer to product tank, document No: KIR-WI-MFG-015 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  e) Processing department: Operating procedure of mix tank solvent loading, document No: KIR-WI-MFG-016 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  f) Processing department: Operating procedure of transfer of suspension base, document No: KIR- WI-MFG-017 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  g) Processing department: Operating procedure of manufacture of suspension base, document No: KIR-WI-MFG-005 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  h) Processing department: Operating procedure of tank washer, document No: KIR- WI-MFG-020 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  i) Processing department: Operating procedure of procedure for corrective steps for overage, document No: KIR- SOP-MFG-008 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.  j) Processing department: Operating procedure of manufacturing nail polish shades, document No: KIR-SOP-MFG-002 does not contain steps to correct or avoid deviation, thus exposing employees to a potential fire hazard, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $4,950 · Current $2,970 Reduced

General-duty citation text

29 CFR 1910.119(f)(2):     Operating procedures shall be readily accessible to employees who work in or maintain a process.    a) Processing department: Operating procedures for the covered process were not accessible to batchmakers, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(3):     The employer shall certify annually that operating procedures are current and accurate.    a) Processing department: Operating procedure of gel manufacturing/homogenization, document No: KIR-WI-MFG 008 was last reviewed on 04/18/07, thus exposing employees to a potential fire hazard, on or about 06/22/12.  b) Processing department: Operating procedure of thermo-oxidizer, document No: KIR-SOP-MFG-014 was last reviewed on 07/25/06, thus exposing employees to a potential fire hazard, on or about 06/22/12.  c) Processing department: Operating procedure of static grounding and bonding, document No: KIR- SOP-MFG-003 was last reviewed on 04/30/08, thus exposing employees to a potential fire hazard, on or about 06/22/12.  d) Processing department: Operating procedure of base transfer to product tank, document No: KIR-WI-MFG-015 was last reviewed on 09/18/01, thus exposing employees to a potential fire hazard, on or about 06/22/12.  e) Processing department: Operating procedure of mix tank solvent loading, document No: KIR-WI-MFG-016 was last reviewed on 09/18/01, thus exposing employees to a potential fire hazard, on or about 06/22/12.  f) Processing department: Operating procedure of transfer of suspension base, document No: KIR-WI-MFG-017 was last reviewed on 09/18/01, thus exposing employees to a potential fire hazard, on or about 06/22/12.  g) Processing department: Operating procedure of manufacture of suspension base, document No: KIR-WI-MFG-005 was last reviewed on 12/02/04, thus exposing employees to a potential fire hazard, on or about 06/22/12.  h) Processing department: Operating procedure of solvent dispensing, document No: KIR- WI-MFG-018 was last reviewed on 04/30/08, thus exposing employees to a potential fire hazard, on or about 06/22/12.  i) Processing department: Operating procedure of facility shut down and lockup, document No: KIR-SOP-FAC-001 was last reviewed on 07/08/05, thus exposing employees to a potential fire hazard, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $4,950 · Current $2,970 Reduced

General-duty citation text

29 CFR 1910.119(j)(2):     The employer did not establish or implement written procedures to maintain the on-going integrity of process equipment    a) Processing department: The employer did not establish and implement written procedures for inspection, testing, evaluation, and repair of process equipment such as, but not limited to, ventilation, grounding and bonding cable, and pumps, thus exposing employees to a potential fire hazard, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(ii):     Inspection and testing procedures shall follow recognized and generally accepted good engineering practices:    a) Processing department: Inspection and testing of process piping systems and piping components was not performed per recognized and generally accepted good engineering practice, thus exposing employees to a potential fire hazard, on or about 06/22/12.  b) Processing department: Inspection and testing of transfer pumps was not performed per recognized and generally accepted good engineering practice, thus exposing employees to a potential fire hazard, on or about 06/22/12.  c) Processing department: Inspection and testing of grounding wire was not performed per recognized and generally accepted good engineering practice, thus exposing employees to a potential fire hazard, on or about 06/22/12.    d) Processing department: Inspection and testing of ventilation system was not performed per recognized and generally accepted good engineering practice, thus exposing employees to a potential fire hazard, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(iv):     The employer shall document each inspection and test that was performed on process equipment:     a) Processing department: Inspection and testing of process piping systems and piping components was not properly documented, thus exposing employees to a potential fire hazard, on or about 06/22/12.  b) Processing department:  Inspection and testing of transfer pumps was not properly documented, thus exposing employees to a potential fire hazard, on or about 06/22/12.  c) Processing department: Inspection and testing of grounding wire was not properly documented, thus exposing employees to a potential fire hazard, on or about 06/22/12.    d) Processing department: Inspection and testing of ventilation system was not properly documented, thus exposing employees to a potential fire hazard, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $4,950 · Current $2,970 Reduced

General-duty citation text

29 CFR 1910.119(l)(1):     The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures, and changes to facilities that affect a covered process.      a) Thermo-Ionizer: In 2005, The thermo-ionizer was changed, local ventilations were eliminated, and ventilation ductworks were resized, but written procedures to manage these changes were not established, thus exposing employees to potential explosive atmosphere due to a lack of air flow, on or about 06/22/12.

Issued

Dec 17, 2012

Abate by

May 10, 2013

Penalty

Initial $9,900 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(E):     Process safety information pertaining to the equipment in the process did not include ventilation system design;        a) Large color matching room, building#1: A number of local ventilations were eliminated from the original ventilation design, but were not included in the drawing, thus exposing employees to potential explosive atmosphere due to a lack of air flow, on or about 06/22/12.    b) Adjustment area mixers, building#2: A number of local ventilations were added, but were not included in the drawing, on or about 06/22/12.        KIRKER ENTERPRISES, INC. WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER (312858988), CITATION NUMBER 1 ITEM NUMBER 6 ISSUED ON 11/05/2009 WHICH BECAME A FINAL ORDER ON 12/01/2009.