OSHA Inspection: GALLEGOS SANITATION, INC.

Issued

Apr 18, 2013

Abate by

May 23, 2013

Penalty

Initial $6,300 · Current $4,410 Reduced

General-duty citation text

29 CFR 1910.134(c)(1):  A written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section, was not established and implemented where respirator(s) were required by the employer:    (a)	Gallegos Sanitation, Inc. 1941 Heath Parkway, Ft. Collins, CO 80524:  On and before December 5, 2012 Gallegos Sanitation, Inc. the employer did not ensure that a written respiratory protection program was established and implemented in the workplace when the employer required the use of respirators during painting operations.  The employer did not create a program that was specific to the company.    Abatement Note:  The written program shall include at least the following:    (1)	Procedures for selecting respirators for use in the workplace;    (2)	Medical evaluations of employees required to use respirators;    (3)	Fit testing procedures for tight fitting respirators;    (4)	Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;    (5)	Procedures and schedules for cleaning, disinfection, storing, inspection., repairing, discarding, and otherwise maintaining respirators;    (6)	Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;    (7)	Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situation;    (8)	Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and    (9)	Procedure for regularly evaluating the effectiveness of the program    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 18, 2013

Abate by

May 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii):  The employer did not 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:     (a)	Gallegos Sanitation, Inc., 1941 Heath Parkway, Ft. Collins, CO 80524: On and before November 14, 2012, the employer did not conduct air monitoring to determine employees exposure to the air contaminants associated with the welding operations performed at the job site.  This condition exposed employees to respiratory hazards.     Abatement Note:  Abatement certification is not required for this item.

Issued

Apr 18, 2013

Abate by

Jul 22, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(a):  Employees were exposed to iron oxide fume, listed in Table Z-1, in excess of the Permissible Exposure Limit (PEL):    (a)	Gallegos Sanitation, Inc. 1941 Heath Parkway, Ft. Collins, CO 80524:  On December 5, 2012 Gallegos Sanitation, Inc. did not ensure that employee exposure to iron oxide fume did not exceed the 8 hour Time Weighted Average (TWA). Employee A was exposed to iron oxide fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 10 mg/m3.  The employee was exposed to iron oxide fume at a concentration of 35 mg/m3 as an 8 hour TWA.  This is 3.5 times the PEL.  Air monitoring was conducted for 459 minutes.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 18, 2013

Abate by

Jul 22, 2013

Penalty

Initial $0 · Current $0

Hazardous substances 1520

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits described in 29 CFR 1910.1000(a) through (d):  (a) Gallegos Sanitation, Inc. 1941 Heath Parkway, Ft. Collins, CO 80524:  On December 4, 2012 Gallegos Sanitation, Inc. did not ensure that employee exposure to a substance listed in Table Z-1 did not exceed the 8 hour Time Weighted Average (TWA) for that substance.  Two employees were welding on the area. This process generated iron oxide fumes. On December 4 one employee was exposed to iron oxide fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 10 mg/m3.  The employee was exposed to iron oxide fume at a concentration of 35 mg/m3 as an 8 hour TWA.  This is 3.5 times the PEL.  Air monitoring was conducted for 459 Minutes.  Abatement Note:  Feasible engineering controls include, but are not limited to:  1) Ensuring the general ventilation of the area is adequate; and  2) Local exhaust ventilation.   STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.   STEP 1 ABATEMENT (30 DAYS):  May 20, 2013                   STEP 2: Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to silica. The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:  (a) Evaluation of the extent and location of the hazard source  (b) Evaluation of control measure options  (c) Selection of optimum control measures  (d) Determination of control measure design  (e) Ordering and delivery of equipment  (f) Installation of control measures  (g) Training of employees in proper operation and maintenance of newly implemented control measures  (h) Assurance of the effective performance of control measures  All proposed control measures shall be evaluated for each particular use but a competent Industrial Hygienist or other technically qualified person. Thirty (30) day progress reports are required during the abatement period. The progress report must identify the action taken to achieve abatement and the date the action was taken.   STEP 2 ABATEMENT DATE (60 DAYS): June 17, 2013  Step 3: Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.   STEP 3 ABATEMENT DATE (90 DAYS): July 17, 2013  Abatement Note: Abatement certification and documentation are required for this item (see enclosed Sample Abatement Certification Letter).

Issued

Apr 18, 2013

Abate by

May 23, 2013

Penalty

Initial $0 · Current $0

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)	Gallegos Sanitation, Inc., 1941 Heath Parkway, Ft. Collins, CO 80524: On and before November 14, 2012, the employer did not properly label secondary containers with the name of the chemicals contained in them. Clear plastic containers located on mechanics benches were not properly labeled to indicate that they contained Industrial Chemicals Corporation Quick Dry Brake Cleaner.    (b)	Gallegos Sanitation, Inc., 1941 Heath Parkway, Ft. Collins, CO 80524: On and before November 14, 2012, the employer did not properly label secondary containers with the name of the chemicals contained in them. Zep containers located on mechanics benches were not properly labeled to indicate that they contained Industrial Chemicals Corporation Quick Dry Brake Cleaner.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 18, 2013

Abate by

May 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):  The employer did not maintain copies of the material safety data sheets for each hazardous chemical in the workplace:    (a)	Gallegos Sanitation, Inc., 1941 Heath Parkway, Ft. Collins, CO 80524: The employer did not maintain copies of the material safety data sheets for hazardous chemicals in the workplace. This condition may result in employees using chemicals in an unsafe manner due to lack of knowledge about the chemicals. The employer did not have an MSDS on hand for sheet metal. The sheet metal they use contains Stainless Steel which converts to Hexavalent Chromium when heated in the welding process.     Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Apr 18, 2013

Abate by

May 23, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):  Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and material safety datasheets.    (a)	Gallegos Sanitation, Inc. 1941 Heath Parkway, Ft. Collins, CO 80524:  On and before December 4, 2012 the employer did not provide employees with training on Hexavalent Chromium. Employees were unaware that the steel sheets, and dumpsters they weld on exposed them to Hexavalent Chromium.      (b)	Gallegos Sanitation, Inc. 1941 Heath Parkway, Ft. Collins, CO 80524: On and before February 4, 2013, the employers did not provide employees with training on Hexamethylene Diisocyanate (HMDI). The employee was unaware of what HMDI was, this exposes him to the hazardsa ssociated with the chemical.     Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").