OSHA Inspection: SWARCO AMERICA

Issued

Nov 5, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.27(b)(2): Side rails that could be used as a climbing aid were not of such cross sections as to afford adequate gripping surface without sharp edges, splinters, or burrs:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: Side rails that could be used as a climbing aid were not of such cross sections as to afford adequate gripping surface in that the ladder used to access the storage tanks did not have side rails.  This exposed employees to a fall hazard.    Abatement Note: The definition of Ladder: "A ladder is an appliance usually consisting of two side rails joined at regular intervals by cross-pieces called steps, rungs, or cleats, on which a person may step in ascending or descending".    Abatement Note:  Abatement certification is not required for this item.

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.106(b)(2)(ii)(a) The distance between any two flammable liquid storage tanks was less than 3 feet:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: The distance between two flammable storage tanks was less than 3 feet in that the distance between the methanol and toluene storage tanks was 34 inches.  This condition is a fire hazard.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $4,000 · Current $2,400 Reduced

General-duty citation text

29 CFR 1910.106(b)(2)(v)(a) Every aboveground storage tank did not have some form of construction or device that will relieve excessive internal pressure caused by exposure to fires:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO:  The employer did not ensure that every aboveground storage tank containing flammable liquid had some form of construction or device that will relieve excessive internal pressure in that there were no emergency relief devices on the methanol and toluene storage tanks.  This condition exposes employees to a fire hazard.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 21, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.106(b)(7)(i): The American Society of Mechanical Engineers (ASME) code stamp, American Petroleum Institute (API) monogram or the label of the Underwriters' Laboratories, Inc. on a tank was not present as evidence for strength test compliance:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: The employer did not have labels on flammable liquid storage tanks which documented compliance with ASME, API, or UL strenght testing.  Two 5826 gallon tanks were used to store methanol and toluene.  The tanks contained no markings and the employer had no records to indicate that the tanks had been strength tested.  This condition exposed employees to a fire hazard.    Abatement Note: All tanks, whether shop built or field erected, shall be strength tested before they are placed in service in accordance with the applicable paragraphs of the code under which they were built. The American Society of Mechanical Engineers (ASME) code stamp, American Petroleum Institute (API) monogram, or the label of the Underwriters' Laboratories, Inc., on a tank shall be evidence of compliance with this strength test.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.106(c)(5) All piping for flammable liquids, both aboveground and underground, where subject to external corrosion, was not painted or otherwise protected:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: All piping for flammable liquids was not painted or otherwise protected from corrosion.  The methanol and toluene piping between the supply tanks and the building was not protected from corrosion.  This is a fire hazard.    Abatement Note:  Abatement certification is not required for this item.

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.106(d)(6)(i) Storage outside buildings was not in accordance with Table H-16 or H-17, and subdivisions (ii) and (iv) of this subparagraph:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: Storage outside buildings was not in accordance with Table H-16 or H-17, and subdivisions (ii) and (iv) of this subparagraph in that four totes of flammable liquid, containing up to 275 gallons each, were stored less than five feet from other flammable containers. This is a fire hazard.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $6,000 · Current $3,600 Reduced

General-duty citation text

29 CFR 1910.120(q)(3)(iii): Based on the hazardous substances and/or conditions present, the individual in charge of the ICS did not implement appropriate emergency operations and did not ensure that the personal protective equipment worn was appropriate for the hazards encountered:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: On 8/20/12 employees arrived at work to discover approximately 125 gallons of epoxy resin spilled onto the production floor.  The Production Supervisor, acting as an Incident Commander, did not implement appropriate emergency operations and did not ensure that the personal protective equipment worn was appropriate for the hazards encountered during the clean-up.  This condition exposed employees to inhalation and fire hazards.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(b)(6) In locations where flammable vapors may be present, precautions were not taken to prevent ignition by eliminating or controlling sources of ignition.     (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: On 8/20/12 an industrial fan was used to ventilate the work area while employees responded to a 125 gallon epoxy resin spill using acetone.  The fan was a portential ignition source.  This condition exposed employees to a fire hazard.    Abatement Note: Sources of ignition may include open flames, lightning, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, and mechanical), spontaneous ignition, chemical and physical-chemical reactions, and radiant heat.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.120(q)(6)(i): First responders at the awareness level did not have sufficient training or sufficient experience to objectively demonstrate competency:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: The employer does not ensure that individuals who are likely to witness or discover a hazardous substance release were trained to initiate an emergency response sequence by notifying the proper authorities of the release. This condition exposes employees to inhalation and fire hazards in the event of a flammable liquid spill.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $4,000 · Current $2,400 Reduced

General-duty citation text

29 CFR 1910.133(a)(1) The employer did not ensure that each affected employee used 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:    (a)Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: The employer did not ensure that each affected employee used eye protection when exposed to corrosive chemicals. Employees dispensing ammonium hydroxide wear safety glasses or prescription glasses.  This condition exposed employees to an eye hazard.    Abatement Note: According to the MSDS for ammonium hydroxide, employees must wear a full face shield, gloves, and full protective clothing when opening or handling the chemical.     Abatement Note: Paragraph 133(a)(3) specifies "the employer shall ensure that each affected employee who wears prescription lenses while engaged in operations that involve eye hazards wears eye protection that incorporates the prescription in its design, or wears eye protection that can be worn over the prescription lenses without disturbing the proper position of the prescription lenses or the protective lenses."    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $5,000 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.151(c): Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: On and before September 7, 2012 suitable facilities for quick drenching or flushing were not provided within the work area where ammonium hydroxide was dispensed.  This condition exposed employees using corrosive cleaning chemicals to an eye hazard.    Abatement Note: ANSI Z358.1-2009 specifies that eye wash stations shall be located in an area that requires no more than 10 seconds to reach and closer for harsh acids and bases.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $3,000 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.305(b)(1)(ii):  Unused openings in boxes, cabinets, or fittings were not effectively closed:    a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: On and before August 23, 2012, the employer did not ensure a cover was installed over a knock-out in the recepticle box used to supply power to a barrel heater which malfunctioned and over-heated. This condition exposed employees to an electrical hazard.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Nov 5, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(b)(2)(vii)(c)(6) Loose combustible material, empty or full drum or barrel, were permitted within the diked area:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: On and before August 23, 2012, the employer stored drums within the diked area used for tanks of flammable liquids.  This is a fire hazard.    Abatement Note:  Abatement certification is not required for this item.

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: The employer did not establish and implement those elements of a written respirator program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained.  Employees use half face cartridge respirators during production and maintenance tasks.  This condition exposed employees to a respiratory hazard.    Abatement Note: When elastomeric or supplied-air respirators are worn voluntarily by workers (not required by you or OSHA), you must ensure that the workers are medically able to wear the respirators and that they are provided with the information in Appendix D to the standard. Using a respirator may place a physiological burden on employees that varies with the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee.    Abatement Note:  Abatement certification is not required for this item.

Issued

Nov 5, 2012

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 was fit tested or required to use the respirator in the workplace:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: the employer did not provide medical evaluations to determine each employee's ability to use a respirator, before the employee was fit tested or required to use a respirator in the workplace.  This condition may allow employees with pre-existing medical conditions to use respirators when they are not physically capable of doing so.    Abatement Note: When elastomeric or supplied-air respirators are worn voluntarily by workers (not required by you or OSHA), you must ensure that the workers are medically able to wear the respirators and that they are provided with the information in Appendix D to the standard. Using a respirator may place a physiological burden on employees that varies with the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee.    Abatement Note:  Abatement certification is not required for this item.

Issued

Nov 5, 2012

Abate by

Dec 8, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(2)(i) All respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and were not packed or stored to prevent deformation of the facepiece and exhalation valve:    (a) Swarco America Inc. DBA Colorado Paint Co. at 4747 Holly St. in Denver, CO: On August 23, 2012 respirators were not stored to protect them from damage in that one respirator was hanging from the controls of a forklift in the manufacturing area. This condition exposed employees to a respiratory hazard.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").