OSHA Inspection: FLEX-N-GATE CORPORATION

Issued

Jan 15, 2013

Abate by

Dec 18, 2013

Penalty

Initial $6,600 · Current $6,000 Reduced

General-duty citation text

29 CFR 1910.132(a):     Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:    On July 18, 2012, a manager supervising a chemical transfer was exposed to acid from a chemical release due to a chemical reaction during the transfer of hydrochloric acid into a bulk chemical storage tank that contained sulfuric acid and the employee was not wearing chemical resistant clothing or other protective clothing while in close proximity to the operation.

Issued

Jan 15, 2013

Abate by

Dec 18, 2013

Penalty

Initial $7,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.133(a)(1):     The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.    On July 18, 2012, a manager supervising a chemical transfer was exposed to acid from a chemical release due to a chemical reaction during the transfer of hydrochloric acid into a sulfuric acid bulk storage tank and the employee was not wearing eye and face protection.

Issued

Jan 15, 2013

Abate by

Dec 18, 2013

Penalty

Initial $6,600 · Current $0 Reduced

General-duty citation text

29 CFR 1910.138(a):     The employer did not select and require employees to use appropriate hand protection when employees hands were exposed to hazardous condition.    On July 18, 2012, a manager supervising a chemical transfer was exposed to acid from a chemical release due to a chemical reaction during the transfer of hydrochloric acid into a sulfuric acid bulk storage tank and the employee was not wearing appropriate hand protection while in close proximity to the operation.

Issued

Jan 15, 2013

Abate by

Dec 18, 2013

Penalty

Initial $7,000 · Current $6,000 Reduced

General-duty citation text

29 CFR 1910.120(q)(2)(vi):     The emergency response plan did not address, to the extent not addressed elsewhere, evacuation routes and procedures:    On July 18, 2012, employees were exposed to hydrochloric acid from a reaction due to hydrochloric acid vapor that was transferred into a sulfuric acid tank and the employer's Emergency Response and Contingency Plan did not include emergency evacuation routes and procedures for evacuation.

Issued

Jan 15, 2013

Abate by

Dec 18, 2013

Penalty

Initial $7,000 · Current $6,000 Reduced

General-duty citation text

29 CFR 1910.120(q)(3)(iv):     Employees engaged in emergency response and exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard, did not wear positive-pressure self-contained breathing apparatus until such time that the individual in charge of the incident command system determined through the use of air monitoring that a decreased level of respiratory protection would not result in hazardous exposures to employees:    On July 18, 2012, employees engaged in emergency response efforts due to a chemical release of hydrochloric acid gas disconnected a trunk line from a tanker truck carrying hydrochloric acid wore full face air-purifying respirators and the employer had not ensured that the individual in charge of the incident command had conducted air monitoring prior to using a decreased level of respiratory protection.

Issued

Jan 15, 2013

Abate by

Dec 18, 2013

Penalty

Initial $7,000 · Current $6,000 Reduced

General-duty citation text

29 CFR 1910.120(q)(6):     The employer did not provide training in accordance with 29 CFR 1910.120(q)(6)(i) through (q)(6)(v) for employees who participated in or were expected to participate in emergency response:    On July 18, 2012, employees engaged in an emergency response to a chemical release of hydrochloric acid vapor disconnected a trunk line from a tanker truck carrying hydrochloric acid and the employer had not ensured and certified that employees had been trained to the skill and knowledge level required for the level of response provided by the employees.

Issued

Jan 15, 2013

Abate by

Dec 18, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.120(q)(8)(i):     Employees who were trained in accordance with 29 CFR 1910.120(q)(6) did not receive annual refresher training of sufficient content and duration to maintain their competencies or did not demonstrate competency in those areas at least yearly    Employees were designated for emergency response were previously trained and the employer had not provided annual refresher training of sufficient content and duration to maintain their competencies.