OSHA Inspection: ESMOKE

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

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

General-duty citation text

29 CFR 1910.138(a): The employer did not select and require employees to use appropriate hand protection when employees hands were exposed to hazardous condition(s):    a) Rework Room: The employer did not select appropriate hand protection for employees. Employees were wearing thin latex gloves when handling chemicals such as eJuice, which contain liquid nicotine and flavorings (Cola Syrup, Black Cherry, Cinnamon Original, and Chrysanthemum Flavor, which are noted as corrosive flavorings), on or about 9/24/12.    b) Assembly Room: The employer did not select appropriate hand protection for employees. Employees were wearing thin latex gloves when handling chemicals such as eJuice, which contain liquid nicotine and flavorings (Cola Syrup, Black Cherry, Cinnamon Original, and Chrysanthemum Flavor, which are noted as corrosive flavorings), on or about 9/24/12.    c) Mixing Lab: The employer did not select appropriate hand protection for employees. Employees were wearing thin latex gloves when handling chemicals such as liquid nicotine and flavorings (Cola Syrup, Black Cherry, Cinnamon Original, and Chrysanthemum Flavor, which are noted as corrosive flavorings), on or about 9/24/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $2,700 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.141(g)(2): Employees were permitted to consume food or beverage in area(s) exposed to toxic materials:    a) Rework Area: The employer allowed employees to consume food and beverage at workstations where they assembled and disassembled e-cigarettes containing eJuice with corrosive flavorings and nicotine, on or about 9/24/12.    b) Assembly Room: The employer allowed employees to consume food and beverage at workstations where they assembled and disassembled e-cigarettes containing eJuice with corrosive flavorings and nicotine, on or about 12/13/12.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $5,400 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.157(c)(1): Portable fire extinguishers were not mounted, located and identified so that they were readily accessible without subjecting the employees to injuries:    a) Facility: The employer had a portable fire extinguisher that was not mounted and being used to hold the Assembly Room door open, on or about 9/24/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $5,400 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.157(g)(2): The educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting was not provided to all employees upon initial employment, and at least annually thereafter:    a) Facility: The employer did not train employees on the hazards involved with incipient stage firefighting, on or about 9/24/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $6,300 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a) Facility: The employer did not have a written hazard communication program for employees that handled chemicals such as but limited to Liquid Nicotine, Propylene Glycol, and Methyl Ethyl Ketone and flavorings, on or about 9/24/12.    b) Facility: The employer  did not have a written hazard communication program for employees who were required by the employer to smoke nicotine-containing e-cigarettes to test the product, on or about 9/24/12    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $6,300 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.1200(f)(5)(i): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein:    a) Mixing Lab: The employer had six white bottles that contained liquid nicotine that were not labeled, on or about 9/24/12 and 12/13/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(5)(ii): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the appropriate hazard warnings:    a) Mixing Lab: The employer had six white bottles that contained liquid nicotine that were not labeled, on or about 9/24/12 and 12/13/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Penalty

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

General-duty citation text

29 CFR 1910.1200(g)(1): Chemical manufacturers and importers did not obtain or develop a safety data sheet for each hazardous chemical and for each chemical that posed a hazard not otherwise classified that they produce or import.    a) Mixing Lab: The employer did not create MSDS fact sheets for the hazardous chemicals they manufacture, such as but not limited to Premium E-Juice with Nicotine, and Premium E-Juice without Nicotine, on or about 9/24/12 and 12/13/12.

Issued

Mar 21, 2013

Penalty

Initial $6,300 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain copies of the required material safety data sheets for each hazardous chemical in the workplace:    a) Mixing Lab: The employer did not have material safety data sheets for liquid nicotine and flavorings such as, but not limited to Cola Syrup, Black Cherry, Cinnamon Original and Chrysanthemum Flavor, that were used by employees for making eJuice, on or about 9/24/12.

Issued

Mar 21, 2013

Penalty

Initial $6,300 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    a) Facility: The employer had not provided infomation and training to employees on chemicals they used in the workplace such as but not limited to Liquid Nicotine,Propylene Glycol, Methyl Ethyl Ketone, eJuice, and corrosive flavorings on or about 9/24/12.    b) Facility: The employer had not provided information and training to employees who were required by the employer to smoke nicotine-containing e-cigarettes to test the product, on or about 9/24/12.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $63,000 · Current $40,000 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses 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) Mixing Lab: The employer did not provide eye protection to employees that mixed chemicals, such as but not limited to eJuice, liquid nicotine and flavorings (Cola Syrup, Black Cherry, Cinnamon Original and Chrysanthemum Flavor, which are noted as corrosive flavorings), on or about 9/24/12, 12/13/12, and 12/14/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $49,500 · Current $20,000 Reduced

General-duty citation text

29 CFR 1910.138(a): The employer did not select and require employees to use hand protection when employees hands were exposed to hazardous condition(s)    a) Rework Room: The employer did not require employees to wear hand protection when handling chemicals such as eJuice, which contain liquid nicotine and flavorings (Cola Syrup, Black Cherry, Cinnamon Original, and Chrysanthemum Flavor, which are noted as corrosive flavorings), on or about 9/24/12.    b) Assembly Room: The employer did not require employees to wear hand protection when handling chemicals such as eJuice, which contain, liquid nicotine and flavorings (Cola Syrup, Black Cherry, Cinnamon Original, and Chrysanthemum Flavor, which are noted as corrosive flavorings), on or about 9/24/12.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Abate by

Apr 11, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses 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) Rework Room: The employer did not provide eye protection to employees that handled liquid chemicals, such as but not limited to eJuice, on or about 9/24/12.    b) Assembly Room: The employer did not provide eye protection to employees that handled liquid chemicals, such as but not limited to eJuice, on or about 9/24/12.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Mar 21, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.141(c)(1)(i): Toilet facilities were not provided in accordance with TABLE J-1 of this Section:    a) Facility: The employer employed 140 employees and had only two bathrooms with one water closet in each, on or about 9/24/12.