OSHA Inspection: TALON PAINT PRODUCTS CO.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish to each of his employees 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 employees in that employees were exposed to:  fire hazards during manufacture of flammable oil base paints.    a) Mixing room    A 100 gallon batch of Battleship Grey paint (flash point 112 F) was prepared in a portable mixing tank without a cover.    Violation occurred on or about 1/25/13.    b) Mixing room    Mineral Spirits 66 (flash point 105 F) was pumped into a portable mixing tank through a pipeline not electrically bonded to the mixing tank.  The portable mixing tank, supported on a wheeled dolly, was not grounded.    Violation occurred on or about 1/25/13.    c) Mixing room    Mineral Spirits 66 (flash point 105 F) was pumped from the powder room into a mixing tank in the mixing room using an electric pump that could only be turned off at the pump or using the pump circuit breaker in the electical panel located in a corner of the inventory storage area.  Battleship Grey paint (flash point 112 F) was pumped from a mixing tank into a holding tank with a pneumatic diaphragm pump that could only be turned off at the pump.  There were no emergency pump shutdown switches at the exit door from the mixing room.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.36(b)(1): At least two exit routes were not available in a workplace to permit prompt evacuation of employees and other building occupants during an emergency.    a) Establishment    Only one exit, through the front entrance, was available to employees, including a paint mixer who worked with flammable liquids in a back mixing room and would have to pass by a storage area for oil base paints along the exit route.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $2,800 · Current $0 Reduced

General-duty citation text

29 CFR 1910.37(a)(2): Exit routes were not arranged so that employees would not have to travel toward a high hazard area, unless the path of travel was effectively shielded from the high hazard area by suitable partitions or other physical barriers.    a) Establishment    The only exit route for an employee mixing paint in the back of the paint mixing room required passage by a storage area for oil base paints.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $1,000 Reduced

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:      (a) Manufacturing area    A respiratory protection program was not developed and implemented for the paint mixer who was required to wear an N-95 filtering facepiece respirator while dispensing powdered ingredients including, but not limited to, calcium carbonate.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

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) Manufacturing area    A medical evaluation was not provided to the paint mixer who was required to wear an N-95 filtering facepiece respirator while dispensing powdered ingredients including, but not limited to, calcium carbonate.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):    (a) Manufacturing area    A fit test was not provided to the paint mixer who was required to wear an N-95 filtering facepiece respirator while dispensing powdered ingredients including, but not limited to, calcium carbonate.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

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:    (a) Manufacturing area    The employer did not provide annual, comprehensive respiratory protection training to employees required to wear an N-95 filtering facepiece respirator while dispensing powdered ingredients including, but not limited to, calcium carbonate.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.151(c): Where employees were 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) Powder room    An eyewash was not provided for a paint mixer who dispensed a caustic fungicide, Mergal 186 (pH 11).    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $1,600 · Current $800 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 described how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) would be met:    (a) Manufacturing area    A written hazard communication program was not developed and implemented for employees working with and around hazardous chemicals including, but not limited to, propane and mineral spirits.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $1,600 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1200(f)(5): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged, or marked with the identity and appropriate hazard warnings regarding the chemicals contained therein.    a)  Mixing room.    An open 55 gallon H drum of mineral spirits used to clean solvent based paint mixing equipment was unlabeled.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

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) Establishment    A paint mixer and warehouseman were not trained on hazardous chemicals in their workplace including, but not limited to, propane and mineral spirits.    Violation occurred on or about 10/5/12.

Issued

Apr 1, 2013

Abate by

Jul 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:    (a) Facility at 205-213 Bright Street, Jersey City, NJ.    Employees voluntarily wearing an N-95 filtering facepiece respirator were not provided information contained in Appendix D to 29 CFR 1910.134.    Violation occurred on or about 10/5/12.