OSHA Inspection: FIZZANO BROTHERS, INC.

Issued

Mar 12, 2013

Abate by

Mar 29, 2013

Penalty

Initial $918 · Current $690 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators were necessary to protect the health of the employee or whenever respirators were required by the employer, the employer did not establish and implement a written respiratory protection program with worksite-specific procedures. The program was not updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer did not include in the program the following provisions of this section, as applicable:    a. Truck Maintenance Bay - The employer did not develop and implement a written respiratory protection program, with workplace-specific procedures addressing the major elements of the program.  An employee wore a Binks air-purifying half-mask respirator equipped with Binks 4206 Chemical Cartridges for Organic Vapors (Part Number 40-127) while spraying Second Dimension 5.0 Acrylic Enamel (Western Automotive Finishes 5A-LL/5A-LF, Bahama Yellow Color) onto a tractor trailer gooseneck. The employer required this employee to use this respirator.  Xylene can cause Central Nervous System (CNS) depression, and eye and skin irritation.   Observed On or About September 25, 2012

Issued

Mar 12, 2013

Abate by

Apr 12, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 2590

General-duty citation text

29 CFR 1910.134(e)(1):  General. 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. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.    a. Truck Maintenance Bay - The employer did not ensure that an employee was medically evaluated prior to fit testing and initial use of his respirator.  An employee wore a Binks air-purifying half-mask respirator equipped with Binks 4206 Chemical Cartridges for Organic Vapors (Part Number 40-127) while spraying Second Dimension 5.0 Acrylic Enamel (Western Automotive Finishes 5A-LL/5A-LF, Bahama Yellow Color) onto a tractor trailer gooseneck.  The employer required this employee to use this respirator.  Xylene can cause Central Nervous System (CNS) depression, and eye and skin irritation).   Observed On or About September 25, 2012

Issued

Mar 12, 2013

Abate by

Apr 5, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 2590

General-duty citation text

29 CFR 1910.134(f)(2):     The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.      a. Truck Maintenance Bay - The employer did not ensure that an employee was fit tested for his respirator prior to initial use of his respirator.  An employee wore a Binks air-purifying half-mask respirator equipped with Binks 4206 Chemical Cartridges for Organic Vapors (Part Number 40-127) while spraying Second Dimension 5.0 Acrylic Enamel (Western Automotive Finishes 5A-LL/5A-LF, Bahama Yellow Color) onto a tractor trailer gooseneck.  The employer required this employee to use this respirator.  Xylene can cause Central Nervous System (CNS) depression, and eye and skin irritation).   Observed On or About September 25, 2012

Issued

Mar 12, 2013

Abate by

Mar 18, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 2590

General-duty citation text

29 CFR 1910.134(h)(2)(i): All respirators were not store to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and they were not pack or store to prevent deformation of the facepiece and exhalation valve.    a. Truck Maintenance Bay - The employer did not ensure that an employee's respirator was properly stored.  A Binks air-purifying half-mask respirator equipped with Binks 4206 Chemical Cartridges for Organic Vapors (Part Number 40-127) was improperly stored with dirty powered tools in an open container.    The employer required this employee to use this respirator.  Observed On or About September 25, 2012

Issued

Mar 12, 2013

Abate by

Mar 29, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): Training and information. This paragraph required the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.    a. Truck Maintenance Bay - The employer did not provide effective training for an employee who was required by the employer to wear a respirator.  An employee wore a Binks air-purifying half-mask respirator equipped with Binks 4206 Chemical Cartridges for Organic Vapors (Part Number 40-127).  The employer required this employee to use this respirator.  Observed On or About September 25, 2012