OSHA Inspection: COPELAND COATING COMPANY, INC.

Issued

Jan 31, 2013

Abate by

May 7, 2013

Penalty

Initial $2,975 · Current $1,785 Reduced

Hazardous substances 07009010

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 1910.1349(c)(1)(i)-(ix) with worksite-specific procedures was not established and implemented for required respirator use:     a). On or about 01/18/2013, on site, for employees required to don Moldex full face respirators and/or 3M 7502 1/2 mask respirators when entering permit required confined space tanks containing Action Pave Regular Sealer. The sealer contains chemicals such as, but not limited to, Coal Tar Pitch. The employer did not implement a respiratory protection program.     b). On or about 08/09/2012, on site, for employees required to don MSA N95 1/2 mask respirators when working in the clay area. The employer did not implement a respiratory protection program.     Abatement Note:    The following are the specific areas that need to be written in the program:  1910.134(c)(1)(ii) Medical evaluations of employees  1910.134(c)(1)(iii) Fit testing procedures  1910.134(c)(1)(iv) Procedures for proper use of respirators  1910.134(c)(1)(v) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, and discarding.   1910.134(c)(1)(vii) Training of employees of the respiratory hazards.  1910.134(c)(1)(viii) Training of employees in the proper use of respirators.  1910.134(c)(1)(ix) Procedures for regularly evaluating the effectiveness of the program

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace:    a). On or about 01/18/2013, on site, for employees required to don Moldex full face respirators and/or 3M 7502 1/2 mask respirators when entering permit required confined space tanks containing Action Pave Regular Sealer. The sealer contains chemicals such as, but not limited to, Coal Tar Pitch.The employer did not conduct an evaluation to identify if respiratory hazards existed in the workplace.

Issued

Jan 31, 2013

Abate by

Mar 7, 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 is fit tested or required to use the respirator in the workplace:     a). On or about 01/18/2013, on site, for employees required to don Moldex full face respirators and/or 3M 7502 1/2 mask respirators when entering permit required confined space tanks containing Action Pave Regular Sealer. The sealer contains chemicals such as, but not limited to, Coal Tar Pitch. The employer did not implement a respiratory protection program to include medical evaluations.     b). On or about 08/09/2012, on site, for employees required to don MSA N95 1/2 mask respirators when working in the clay area. The employer did not implement a respiratory protection program to include medical evaluations.

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not fit tested prior to initial use of the respirator:    a). On or about 01/18/2013, on site, for employees required to don Moldex full face respirators and/or 3M 7502 1/2 mask respirators when entering permit required confined space tanks containing Action Pave Regular Sealer. The sealer contains chemicals such as, but not limited to, Coal Tar Pitch. The employer did not implement a respiratory protection program to include fit tests.     b). On or about 08/09/2012, on site, for employees required to don MSA N95 1/2 mask respirators when working in the clay area. The employer did not implement a respiratory protection program to include fit tests.

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): The employer did not provide effective training to employees who were required to use respirators:     a). On or about 01/18/2013, on site, for employees required to don Moldex full face respirators and/or 3M 7502 1/2 mask respirators when entering permit required confined space tanks containing Action Pave Regular Sealer. The sealer contains chemicals such as, but not limited to, Coal Tar Pitch. The employer did not implement a respiratory protection program to include training.     b). On or about 08/09/2012, on site, for employees required to don MSA N95 1/2 mask respirators when working in the clay area. The employer did not implement a respiratory protection program to include training.

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $4,900 · Current $2,940 Reduced

Hazardous substances 0700

General-duty citation text

29 CFR 1910.146(c)(4): The employer did not develop and implement a written permit space program that complies with this section:    a). On or about 01/18/2013, on site, for employees that enter Action Pave Regular Sealer tanks that contain coal tar pitch. The employer deemed the entries to the tanks as permit required confined space entries. The employer did not develop and implement a site specific written program.

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $4,900 · Current $2,940 Reduced

Hazardous substances 0700

General-duty citation text

29 CFR 1910.146(f)(7): The entry permit that documents compliance with this section and authorizes entry to a permit space did not identify the hazards of the permit space to be entered:    a). On or about 01/18/2013, on site, for employees that enter Action Pave Regular Sealer tanks that contain coal tar pitch. The employer deemed the entries to the tanks as permit required confined space entries. The permits maintained by the employer did not identify the hazards of the permit space to be entered.

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $4,900 · Current $2,940 Reduced

Hazardous substances 0700

General-duty citation text

29 CFR 1910.146(d)(14): The employer did not review the permit space program, using the canceled permits retained under paragraph (e)(6) of this section within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards:     a). On or about 01/18/2013, on site, for employees that enter Action Pave Regular Sealer tanks that contain coal tar pitch. The employer deemed the entries to the tanks as permit required confined space entries. The employer maintained permits on site. However, the employer did not review the permits aas part of a permit-required confine space program.        NOTE: Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary.

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0700

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section:    a). On or about 01/18/2013, on site, for employees that enter Action Pave Regular Sealer tanks that contain coal tar pitch. The employer deemed the entries to the tanks as permit required confined space entries. The employer did not provide training on the requirements for permit-required confined space entries.

Issued

Jan 31, 2013

Abate by

May 7, 2013

Penalty

Initial $4,900 · Current $2,940 Reduced

Hazardous substances 0700

General-duty citation text

29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:    a). On or about 01/18/2013, on site, for employees serving as attendant and trained in rescue of an employee from inside confined spaces of Action Pave Regular Sealer tanks that contain coal tar pitch. The employer did not develop procedures for summoning rescues and emergency services.

Issued

Jan 31, 2013

Abate by

May 7, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0700

General-duty citation text

29 CFR 1910.146(k)(1)(ii): The employer did not evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified:    a). On or about 01/18/2013, on site, the employer did not evaluate the Nassau Hose Company #1 and the Troy Fire Department's ability to rescue employees from permit spaces at its establishment.

Issued

Jan 31, 2013

Abate by

May 7, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0700

General-duty citation text

29 CFR 1910.146(k)(2)(iv): The employer did not ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces:      a). On or about 8/9/12, on site, for employees serving as attendant and trained in rescue of an employee from inside confined spaces of Action Pave Regular Sealer tanks that contain coal tar pitch. The employer did not provide annual rescue training for the employees that woud have a active role in permit space entries and rescues.

Issued

Jan 31, 2013

Abate by

Mar 7, 2013

Penalty

Initial $1,785 · Current $1,071 Reduced

General-duty citation text

29 CFR 1910.147(c)(1): The employer did not establish a program consisting of energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, 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 01/18/2013, on site, for employees that use LOTO procedures when cleaning Action Pave Regular Sealer tanks that contain coal tar pitch several times throughout the year. The employer did not implement a written program to include procedures.