OSHA Inspection: ENERSYS SERVICE CENTER

Issued

Jan 11, 2013

Abate by

Apr 30, 2013

Penalty

Initial $5,000 · Current $6,300

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(c):     Employee(s) were exposed to inorganic arsenic at concentrations greater than ten micrograms per cubic meter of air, averaged over an 8-hour period:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to an 8 hour time-weighted average (TWA) of 12 micrograms per meter cubed of arsenic. This level is 1.2 times the permissible exposure limit of 10 micrograms per meter cubed. This exposure occurred over a 389 minute sampling period on August 22, 2012.  A zero exposure is assumed for the 91 minutes not sampled.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.

Issued

Jan 11, 2013

Abate by

Apr 30, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(g)(1)(i):     Engineering and work practice controls were not instituted to reduce inorganic arsenic exposure to or below permissible exposure limit:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to an 8 hour time-weighted average of 12 micrograms per meter cubed of arsenic. This level is 1.2 times the permissible exposure limit (PEL) of 10 micrograms per meter cubed. This exposure occurred over a 389 minute sampling period on August 22, 2012.  A zero exposure is assumed for the 91 minutes not sampled, on or about August 22, 2012.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement.  Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photograph or video evidence of abatement or other written records.    Feasible abatement methods include but are not limited to:  1) Localized ventilation or other means of engineering controls.      ABATEMENT STEPS ARE AS FOLLOW:    STEP 1 - A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following actions which must be consistent with the dates required by this citation:    1.  Evaluation of engineering control options;    2.  Selection of optimum control method and completion of design;    3.  Procurement, installation and operation of selected control measures;    4.  Testing and acceptance or modification/redesign of controls.    All proposed control measures shall be evaluated for each particular use by a competent industrial hygienist or other technically qualified person.    STEP 2 - Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.

Issued

Jan 11, 2013

Abate by

Apr 30, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(g)(2)(i):     A written program was not established, or implemented to reduce exposures to inorganic arsenic to or below the permissible exposure limit by means of engineering and work practice controls:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to inorganic arsenic at a concentration 1.2 times the permissible exposure limit and a written compliance program to reduce employee arsenic exposure to or below the PEL was not implemented or established, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Feb 28, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A):    Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    a) Battery Burning Area: An employee, Battery Technician, wearing a 3M P100 filtering face piece while performing burning operations to build a new battery was exposed to arsenic above the permissible exposure limit and the employee had facial hair that came between the sealing surface of the face piece and the face, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Feb 28, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(h)(2)(i):    The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m), which covers each employee required by 29 CFR 1910.1018 to use a respirator:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to inorganic arsenic at a concentration 1.2 times the permissible exposure limit and the employer did not develop or implement a written respiratory program, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Feb 28, 2013

Penalty

Initial $3,000 · Current $6,300

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(f)(1):    Regulated areas were not established where workers exposure to inorganic arsenic, without regard to the use of respirators, were in excess of the permissible limit:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to inorganic arsenic at a concentration 1.2 times the permissible exposure limit and a regulated area was not established that would minimize the exposure to inorganic arsenic to non-authorized employees, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Feb 28, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(p)(2)(i):    Signs bearing the legend, DANGER, INORGANIC ARSENIC, CANCER HAZARD, AUTHORIZED PERSONNEL ONLY, NO SMOKING OR EATING, RESPIRATOR REQUIRED, were not posted demarcating regulated areas:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to inorganic arsenic at a concentration 1.2 times the permissible exposure limit and a warning sign pertaining to the hazards of inorganic arsenic was not posted at or near the burning operation, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Feb 28, 2013

Penalty

Initial $3,000 · Current $0 Reduced

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(j)(1):    Appropriate protective work clothing and equipment were not used by all workers working in regulated areas, or where the possibility of skin or eye irritation existed from exposure to inorganic arsenic:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to inorganic arsenic at a concentration 1.2 times the permissible exposure limit and the employee was not wearing a full sleeved work uniform or arm covers, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Feb 28, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(j)(2)(vii):     Containers of contaminated protective clothing and equipment in the workplace, or which are to be removed from the workplace were not labeled as follows: DANGER: CONTAMINATED WITH INORGANIC ARSENIC. MAY CAUSE CANCER. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF INORGANIC ARSENIC CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE OR FEDERAL REGULATIONS.    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to inorganic arsenic at a concentration 1.2 times the permissible exposure limit and there was not an appropriate warning sign on the contaminated work uniform container, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Apr 30, 2013

Penalty

Initial $5,000 · Current $0 Reduced

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(m)(2)(ii):    Shower facilities, in accordance with 29 CFR 1910.141(d)(3), were not provided for employees working in regulated areas, or subject to the possibility of skin or eye irritation from inorganic arsenic:    a) Battery Burning Area: An employee, Battery Technician, performing burning operations to build a new battery was exposed to inorganic arsenic at a concentration 1.2 times the permissible exposure limit and there was not a shower in the facility for the employees to shower after their work shift, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Abate by

Feb 28, 2013

Penalty

Initial $5,000 · Current $0 Reduced

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(o)(1)(i):     A training program was not instituted for each employee who is subject to inorganic arsenic exposure above the action level, without regard to respirator use:    a) Battery Burning Area: Three employees, Battery Technicians, performing burning operations to build a new battery were exposed to inorganic arsenic at concentrations above the action level and the employees did not receive training in accordance with the requirements of this section, on or about August 22, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Jan 11, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(e)(5)(i):    Each employee was not notified in writing within fifteen working days after the receipt of monitoring results, which represented that employee's exposure to inorganic arsenic:    a) Battery Burning Area: Two employees, Battery Technicians, performing burning operations on lead-acid batteries were not notified in writing with their arsenic air monitoring results within fifteen days after the employer received the results, on or about October 17, 2012.    No abatement certification or documentation required.

Issued

Jan 11, 2013

Abate by

Jan 31, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(e)(5)(ii):    When monitoring results for inorganic arsenic indicated that the representative employee exposure exceeded the permissible exposure limit (PEL), the written notice, required by 29 CFR 1910.1018(e)(5)(i), did not include a statement that the permissible exposure limit was exceeded and a description of the corrective action taken to reduce the exposure to at or below the permissible exposure limit:    a) Battery Burning Area: An employees, Battery Technician, performing burning operations on lead-acid batteries was not notified in writing that they were exposed above the permissible exposure limit for arsenic and the corrective actions that will be taken to reduce arsenic exposure within fifteen days after the employer received the results, on or about October 17, 2012.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.