OSHA Inspection: COATINGS UNLIMITED INC.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $7,000

Hazardous substances 04301080138524792590

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:    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about August 27 and 28, 2012, an employee entered a sanitary sewer dry well and five (5) vault manholes to conduct activities such as, but not limited to:    a.)Solvent cleaning using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  b.)Painting using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene and thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).    The employer's respirator program did not include worksite specific procedures to protect employees when an atmospheric hazard was introduced and/or existed in a confined space.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $0 Reduced

General-duty citation text

29 CFR 1910.134(c)(3):     The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness: (Construction Reference 1926.103)    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about August 27 and 28, 2012, an employee entered a newly constructed sanitary sewer dry well and five (5) vault manholes using products with hazardous chemicals without appropriate respiratory protection.  This was due to the employer not selecting a qualified respirator program administrator and/or providing appropriate training to the respirator program administrator to ensure the respiratory protection program was effective.  The employee was exposed to hazardous chemicals without the use of appropriate respiratory protection to conduct activities such as, but not limited to:       a.)Solvent cleaning using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  b.)Painting using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene and thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $0 Reduced

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: (Construction Reference 1926.103)  Note:  The employer may discontinue employee medical evaluations when the employee is no longer required to use a respirator.    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about August 27 and 28, 2012, the employer did not provide a medical evaluation to determine an employee's ability to use respiratory protection.  An employee entered a sanitary sewer dry well and five (5) vault manholes to conduct activities such as, but not limited to:      a.)Solvent cleaning using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  b.)Painting using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene and thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).    These activities necessitated the use of respiratory protection.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $0 Reduced

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:  (Construction Reference 1926.103)    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about August 27 and 28, 2012, the employer did not provide initial and annual respirator training to an employee who was assigned to enter an untested sanitary sewer dry well and five (5) vault manholes to conduct activities such as, but not limited to:      a.)  Solvent cleaning using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  b.)  Painting using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene and thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).    These activities necessitated the use of respiratory protection.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $0 Reduced

General-duty citation text

29 CFR 1910.134(m)(2)(i):     The employer did not establish a record of the qualitative and quantitative fit tests administered to an employee which included the information required by 29 CFR 1910.134(m)(2)(i)(A) through (m)(2)(i)(E): (Construction Reference 1926.103)(a)    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about August 27 and 28, 2012, the employer did not have qualitative and/or quantitative fit test documentation for an employee who was assigned to enter a sanitary sewer dry well and five (5) vault manholes performing activities that necessitated the use of respiratory protection.  The employee entered the confined spaces to conduct activities such as, but not limited to:      a.)  Solvent cleaning using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  b.)  Painting using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene and thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).    These activities necessitated the use of respiratory protection.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $7,000

Hazardous substances 04301080138524792590

General-duty citation text

29 CFR 1910.1200(h)(3):     The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv): (Construction Reference: 1926.59)    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about August 23 through Aug 28, 2012, the employer did not provide adequate hazard communication training to employees involved in activities to include, but not limited to:    a.)  An employee solvent cleaning in six (6) confined spaces using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK) .  b.)  An employee painting in six (6) confined spaces using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene and thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  c.)  An employee thinning/mixing paint using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK) and Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene.  d.)  A Project Manager/Estimator evaluating a confined space job and ordering the 2-part epoxy paint for use in six (6) confined spaces.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $7,000

Hazardous substances 04301080138524792590

General-duty citation text

29 CFR 1926.21(b)(6)(i):     Employees required to enter into confined or enclosed spaces were not instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required:    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 27 and 28, 2012, the employer did not ensure workers were adequately trained to identify and recognize hazards associated with valve vault manholes and a dry well valve vault.  A worker was exposed to a hazardous atmosphere when assigned the task of cleaning and coating piping/valves in confined spaces using solvents and solvent containing coatings.  The employer failed to provide adequate training to the employee in the following instances:    (1)  Employee was not instructed or trained to recognize and avoid potential atmospheric hazards associated with permit-required confined spaces.  (2)  Employee was not provided instruction on the need for atmospheric testing, how to operate sampling equipment, how to conduct atmospheric testing, and the need to document test results.  (3)  Employee was not instructed on the need for ventilation equipment when exposed to a toxic atmosphere and how to properly use such equipment.  (4)  Employee was not provided instruction on the need for a continuous attendant along with the need for continuous communication between the entrant and attendant.  (5)  Employee was not provided instruction on the need for and how to complete the employer's confined space permit.  (6)  Employee was not trained in emergency response procedures, the necessity for retrieval equipment, and how to properly use such equipment.    The worker died from acute methyl ethyl ketone toxicity.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $7,000

Hazardous substances 0430

General-duty citation text

29 CFR 1926.95(a):    Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, was not provided, used, or maintained in a sanitary and reliable condition where it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation, or physical contact:     Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.     On or about August 27 and 28, 2012, the employer did not ensure that appropriate chemical resistant gloves were provided to a worker who used methyl ethyl ketone (MEK) and rags to wipe clean piping/valve surfaces prior to painting.       a.) The employer allowed a painter to use nitrile coated Best Aegis HP54 gloves when solvent wiping using MEK; the Best chemical resistance chart states that nitrile is not recommended for use with MEK.      b.) The employer provided Microflex Diamond Grip disposable latex gloves for use with MEK; the Microflex chemical resistance guide states that latex is not recommended for use with MEK.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $7,000

Hazardous substances 0430108013852590

General-duty citation text

29 CFR 1926.150(a)(2):     Access to all available firefighting equipment was not maintained at all times:    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 28, 2012, the employer did not ensure that an employee had a fire extinguisher readily available at all times when working with flammable products such as, but not limited to:    a.)  Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK), flashpoint 18F.  b.)  Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604), flashpoint 73F    c.)  Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part B (B58V600), flashpoint 73F  d.)  Mixed Sherwin Williams Macropoxy 646 2-part epoxy comprised of Part A (B58T604) and Part B (B58V600), flashpoint 91F.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $5,600 · Current $7,000

General-duty citation text

29 CFR 1926.1051(a):     Stairway(s) or ladder(s) were not provided at all personnel points of access where there was a break in elevation of 19 inches (48 cm) or more, or no ramp, runway, sloped embankment, or personnel hoist was provided:    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 23 through 28, 2012, the employer did not provide a proper length ladder or personnel hoist when assigning a painter work activities inside a valve vault manhole approximately 18'6" deep.  The fixed ladder rungs were recessed approximately 8 1/2 inches from the edge of the hatch opening and the valve vault manhole lid was approximately 12 inches in depth making it unsafe to enter and exit the space.  The distance to the first accessible ladder rung was measured at approximately 34 inches.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(1):     Portable ladders were used for access to an upper landing surface and the ladder side rails did not extend at least 3 feet (.9 m) above the upper landing surface to which the ladder was used to gain access:    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 27, 2012, the employer did not provide the worker with a portable ladder of sufficient length to ensure that the side rails extended a minimum of 3 ft. above the surface of the confined spaces.  The vault manholes were equipped with fixed ladder rungs that were recessed approximately 8 1/2 inches from the edge of the hatch opening; the valve vault manhole lid was approximately 12 inches in depth resulting in a reach distance of approximately 34 inches from the top of the manhole access hatch to the first accessible ladder rung.  This made it unsafe to enter and exit the space resulting in a fall hazard. The employer provided the worker with an 8 ft. stepladder for use in spaces with depths that ranged from 6'1" to 8'6" deep despite:     a.)  The worker entered a meter vault manhole with equipment, materials, and supplies that was approximately 6'1" deep.  The 8 ft. stepladder extended a maximum of 1 ft. 11 inches above the ground.  This exposed the worker to a fall distance of approximately 6'1".    b.)  The worker entered a valve vault manhole with equipment, materials, and supplies that was approximately 7'0" deep.  The 8 ft. stepladder extended a maximum of 1 ft. above the ground.  This exposed the worker to a fall distance of approximately 7'0".     c.)  The worker entered a valve vault manhole with equipment, materials, and supplies that was approximately 7'6" deep.  The 8 ft. stepladder extended a maximum of 6 inches above the ground.  This exposed the worker to a fall distance of approximately 7'6".     d.)  The worker entered a valve vault manhole with equipment, materials, and supplies that was approximately 8'6" deep.  The 8 ft. stepladder did not extend above the ground.  This exposed the worker to a fall distance of approximately 8'6".

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.1053(b)(4):     Ladder(s) were used for purposes other than the purpose for which they were designed:    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 27, 2012, the employer provided the worker with an improper portable ladder for use in five (5) vault manholes that ranged in depth from 6'1" to 18'6".  The vault manholes were equipped with fixed ladder rungs that were recessed approximately 8 1/2 inches from the edge of the hatch opening; the valve vault manhole lid was approximately 12 inches in depth resulting in a reach distance of approximately 34 inches from the top of the manhole access hatch to the first accessible ladder rung.  Each vault manhole hatch opening measured 41" by 36" and the base of the ladder in the open and locked position was 53 1/2" by 25".  The dimensions of the vault manhole made it impossible to have the stepladder in the fully open and locked position in these confined spaces prior to using the ladder.  The employer failed to provide the worker with the proper portable ladder despite having a policy in their written safety program that requires stepladders to have a metal spreader or locking device holding the front and back sections in an open position when the ladder is in use.  The employer provided an 8 ft. stepladder which could not be used in the open and locked position exposing the employee to fall hazards as follows:     a.)The worker entered a meter vault manhole with equipment, materials, and supplies that was approximately 6'1" deep.  The 8 ft. stepladder was used to access this space exposing the worker to a fall distance of approximately 6'1".  b.)The worker entered a valve vault manhole with equipment, materials, and supplies that was approximately 7'0" deep.  The 8 ft. stepladder was used to access this space exposing the worker to a fall distance of approximately 7'0".  c.)The worker entered a valve vault manhole with equipment, materials, and supplies that was approximately 7'6" deep.  The 8 ft. stepladder was used to access this space exposing the worker to a fall distance of approximately 7'6".  d.)The worker entered a valve vault manhole with equipment, materials, and supplies that was approximately 8'6" deep.  The 8 ft. stepladder was used to access this space exposing the worker to a fall distance of approximately 8'6".

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $56,000 · Current $7,000 Reduced

Hazardous substances 04301080138524792590

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):     Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employee(s) in that employee(s) were exposed to hazards associated with being overcome by toxic gases or oxygen deficient atmospheres in confined spaces:    Location:  At the Boschertown Sanitary Sewer Lift Station at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 27 and 28, 2012, the employer failed to ensure safe confined space entry conditions when an employee worked in vault manholes and a dry well (valve vault) that contained or had the potential to contain an atmospheric hazard.  Despite having a written confined space program, air sampling equipment and ventilation devices, the employer failed to ensure safe confined space entry conditions as follows:    *  Failed to complete a confined space permit identifying and communicating safety requirements prior to assigning a painter work inside of a permit required confined space.  *  Failed to assign an attendant to the worksite to be stationed immediately outside the confined space during all periods of entry.  *  Failed to provide and require the use of appropriate harness and retrieval equipment for use in the event of an emergency.  *  Failed to provide air sampling equipment so that acceptable conditions could be verified prior to, and during all periods of entry.  *  Failed to provide and require the use of ventilation equipment when atmospheric hazards may be present or may arise in the space.      The employee worked in 6 confined spaces using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK), and Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene.  The employee was overcome by toxic vapors such as, but not limited to, MEK, xylene, MIBK, and ethyl benzene. The Medical Examiner listed the cause of death as acute methyl ethyl ketone toxicity.      Among other methods, recognized and feasible means of abatement to correct the hazard include, but are not limited to:    (1)  Implementation of the Confined Space Program outlined in the employer's Safety Manual in Section G (for construction activities) and Section J (1910.146).     (2)  Implementation of the elements required by the American National Standards Institute (ANSI)/American Society of Safety Engineers (ASSE) Standard Z117.1- 2009, Safety Requirements for Confined Spaces.

Issued

Feb 15, 2013

Abate by

May 13, 2013

Penalty

Initial $56,000 · Current $7,000 Reduced

Hazardous substances 04301080138524792590

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; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state and physical form: (Construction Reference 1926.103)    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 27 and 28, 2012, the employer failed to conduct an assessment to determine the potential for a hazardous atmosphere or treat the atmosphere as an IDLH (Immediately Dangerous to Life or Health) environment when an employee was assigned to work in 6 confined spaces.  The employer failed to conduct an assessment in accordance with their written respirator program and despite having air sampling equipment.  An employee entered a sanitary sewer dry well and five (5) vault manholes and was exposed to potential atmospheric hazards when the employer:      a.)Failed to test or estimate solvent levels when an employee used Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK) and when painting piping systems using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene, thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).    While performing work in a confined space, an employee was exposed to a hazardous atmosphere that had high levels of cleaning solvent, methyl ethyl ketone (MEK or 2-butanone), and/or paint solvents to include, but not limited to, xylene, methyl isobutyl ketone (MIBK or hexone) and ethyl benzene.  The employee died from his exposure.    b.)Failed to test for sewer gases in the event of a valve leak, leakage from the wet well into the dry well, or migration of soil gases from the lagoon system.

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $56,000 · Current $7,000 Reduced

Hazardous substances 0430

General-duty citation text

29 CFR 1926.55(a):     Employee(s) were exposed to material(s) at concentrations above those specified in the Threshold Limit Values of Airborne Contaminants for 1970 of the American Conference of Governmental Industrial Hygienists:    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 28, 2012, an employee was exposed to 2-butanone (methyl ethyl ketone - MEK) above the 8-hour time weighted average (TWA) permissible exposure limit (PEL) of 200 parts per million (ppm).  The employee was exposed to approximately 1000 ppm averaged over an 8-hour time period.  The employer failed to conduct air monitoring despite having sampling equipment such as a Drager bellow pump and despite having the capability of obtaining other equipment.      An employee was assigned tasks that involved the use of solvent based products such as, but not limited to:    a.)  Solvent cleaning the piping system in an 18'6" deep valve vault manhole using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  b.)  Thinning paint using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  c.)   Painting the piping system in an 18'6" deep valve vault manhole using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).

Issued

Feb 15, 2013

Abate by

Apr 1, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 0430108013852590

General-duty citation text

29 CFR 1926.55(b):     Feasible administrative or engineering controls were not implemented to reduce employee exposure(s):    Location:  The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO  63301.    On or about Aug. 28, 2012, an employee was exposed to 2-butanone (methyl ethyl ketone - MEK) above the 8-hour time weighted average (TWA) permissible exposure limit (PEL) of 200 parts per million (ppm).  The employee was exposed to approximately 1000 ppm averaged over an 8-hour time period.  The employer did not ensure that engineering controls were implemented to control atmospheric concentrations of solvents including, but not limited to, MEK.  The employer failed to utilize engineering controls in accordance with their written safety and health programs.         An employee was assigned tasks that involved the use of solvent based products such as, but not limited to:    a.)  Solvent cleaning the piping system in an 18'6" deep valve vault manhole using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  b.)  Thinning paint using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).  c.)   Painting the piping system in an 18'6" deep valve vault manhole using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK).