OSHA Inspection: NATIONAL FISH & SEAFOOD, INC.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $6,300 · Current $3,000 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:    a) Location - Breading Line 1:  On or about September 25, 2012, an employee workiing at the end of the breading line was exposed to noise levels at an eight-hour time-weighted-average (8h TWA) of 90.5 dBA (or dose of 107.7%).  This exceeds the permissible exposure limit (PEL) of 85 dBA (or dose of 50%).  Exposure was derived from a sampling time of 256 minutes with zero exposure for 224 minutes for a total of eight hours.  Exposure to excessive noise can result in permanent hearing loss.      b) Location  - Breading Line 1:  On or about September 25, 2012, an employee working at the breading hopper was exposed to noise levels at an eight-hour time-weighted-average (8h TWA) of 90.3 dBA (or dose of 112.4%).  This exceeds the permissible exposure limit (PEL) of 85 dBA (or dose of 50%).  Exposure was derived from a sampling time of 251 minutes with zero exposure for 229 minutes for a total of eight hours.  Exposure to excessive noise can result in permanent hearing loss.      c) Location - Packing Line 2:  On or about September 25, 2012, an employee working on the packing line was exposed to noise levels at an eight-hour time-weighted-average (8h TWA) of 89.1 dBA (or dose of 88.8%).  This exceeds the permissible exposure limits (PEL) of 85 dBA (or dose of 50%).  Exposure was derived from a sampling time of 291 minutes with zero exposure for 189 minutes for a total of eight hours.  Exposure to excessive noise can result in permanent hearing loss.    d)  Location - Packing Line 6:  On or about September 25, 2012, an employee working on the packing line was exposed to noise levels at an eight-hour time-weighted-average (8h TWA) of 87.6 dBA (or dose of 72.0%).  This exceeds the permissible exposure limit (PEL) of 85 dBA (or dose of 50%).  Exposure was derived from a sampling time of 320 minutes with zero exposure for 160 minutes for a total of eight hours.  Exposure to excessive noise can result in permanent hearing loss.      e) Location - Clam Wash:  On or about September 25, 2012, an employee working at the wash station was exposed to noise levels at an eight-hour time-weighted-average (8h TWA) of 87.1 dBA (or dose of 66.6%).  Exposure was derived from a sampling time of 251 minutes with zero exposure for 229 minutes for a total of eight hours. Exposure to excessive noise can result in permanent hearing loss.

Issued

Oct 22, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:    a) Location - Production:  On or about September 25, 2012, for employees exposed to excessive noise during fish/seafood processing, the employer did not conduct exposure monitoring.  See Citation 1, Item 1a, instances a-e, for exposure description.

Issued

Oct 22, 2012

Penalty

Initial $6,300 · Current $3,000 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:    a) Location - Production:  On or about September 25, 2012, for employees exposed to excessive noise during fish/seafood processing, the employer did not provide hearing tests annually.  See Citation 1, Item 1a, instances a-e, for exposure description.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $6,300 · Current $2,500 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k):      a) Location - Production:  On or about September 25, 2012, for employees exposed to excessive noise during fish/seafood processing, the employer did not provide a complete training program.  See Citation 1, Item 1a, instances a-e, for exposure description.

Issued

Oct 22, 2012

Abate by

Oct 29, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 8110

General-duty citation text

29 CFR 1910.95(l)(1): The employer did not make available to affected employees or their representatives copies of 29 CFR 1910.95 and did not post a copy in the workplace:      a) Location - Production:  On or about September 25, 2012, for employees exposed to excessive noise during fish/seafood processing, the employer did not post a copy of the noise regulation.  See Citation 1, Item 1a, instances a-e, for exposure description.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $4,500 · Current $2,000 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q)(1): The employer did not develop and implement an emergency response plan to handle anticipated emergencies prior to commencement of emergency response operations:    (a) Location - Establishment:  On or about July 31, 2012, for employees expected to respond to an anticipated chemical release (e.g. ammonia),  the employer did not have a complete plan for the response.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q)(6)(ii): First responders at the operational level did not receive at least eight hours of training or did not have sufficient experience to objectively demonstrate competency in the areas required by 29 CFR 1910.120(q)(6)(ii)(A) through (q)(6)(ii)(F) and/or the employer did not so certify:    (a) Location - Establishment:  On or about July 31, 2012, for employees designated to respond to a hazardous chemical release and take defensive measures were not provided the required training.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q)(6)(iii): Employees who participated as hazardous materials technicians, or were expected to participate as hazardous materials technicians, had not received at least 24 hours of training equal to the first responder operations level, and in addition have competency in the areas outlined in 29 CFR 1910.120(q)(6)(iii)(A) through (q)(6)(iii)(I) and/or the employer did not so certify:    (a) Location - Establishment:  On or about July 31, 2012, for employees designated to respond to a hazardous chemical release and take measures to stop the release were not provided the required training.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q)(6)(v): Incident commanders did not receive at least 24 hours of training equal to the first responder operations level and in addition have competency in the areas outline in 29 CFR 1910.120(q)(6)(v)(A) through (q)(6)(v)(F) and/or the employer did not so certify:    (a) Location - Establishment:  On or about July 31, 2012, an employee(s) expected to perform the duties/functions of On-scene Incident Commander during emergency response to a hazardous chemical release was provided the required training.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $4,500 · Current $2,000 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:    a) Location - Establishment:  On or about July 31, 2012, where the employer required the use or made emergency respiratory protection available for use, the employer did not have a written and complete respiratory protection program.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.134(h)(2)(i): All respirators shall be stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and they shall be packed or stored to prevent deformation of the facepiece and exhalation valve.      a) Location - 1st floor:  On or about July 31, 2012, the MSA emergency respirator was not properly stored and sanitary in it was covered with active mold/fungi and not stored inside a bag to minimize potential contamination.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $4,500 · Current $2,000 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):    a) Location - Establishment:  On or about July 31, 2012, where the employer required the use or made emergency respiratory protection available for use, the employer did not provide employees with fit -testing as part of a respiratory protection program.

Issued

Oct 22, 2012

Abate by

Dec 5, 2012

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:    a) Location - Establishment:  On or about July 31, 2012, where the employer required the use or made emergency respiratory protection available for use, the employer did not ensure comprehensive training occurred annually.