OSHA Inspection: MOUNTAIN VENDING, INC.

Issued

May 9, 2013

Abate by

May 9, 2013

Penalty

Initial $2,800 · Current $1,960 Reduced

General-duty citation text

29 CFR 1910.23(d)(1)(ii):    Stairways less than 44 inches wide with one open side did not have a stair railing on the open side:    (a) Mezzanine Level:  Employees access fixed wooden stairs that measured 36 inches wide with one open side.  The stairway was not equipped with standard stair railing on the open side, in that there was no intermediate railing installed, as determined on December 21, 2012.

Issued

May 9, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(c)(4)    Standard railing(s) did not consist of top rail, intermediate rail and/or posts and/or did not have a vertical height of 42 inches (106.7 cm) nominal from upper surface of top rail to floor, platform runway, or ramp level:      (a) Mezzanine Level:  Employees were exposed to a 9 foot 9 inch fall hazard from the mezzanine level to ground level.  A guardrail system was installed that had a top rail at 32 inches and no intermediate railing, as determined on December 21, 2012.

Issued

May 9, 2013

Abate by

May 9, 2013

Penalty

Initial $2,800 · Current $1,960 Reduced

General-duty citation text

29 CFR 1910.157(c)(4):     Portable fire extinguishers were not maintained in a fully charged and operable condition:    (a)  Mechanic's Garage:  A mounted ABC portable fire extinguisher available for employee use was not maintained in a fully charged condition.  The portable fire extinguisher was found discharged, as observed on December 21, 2012.

Issued

May 9, 2013

Abate by

Jun 5, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(e)(2):     Portable fire extinguishers were not visually inspected at least monthly:    (a) Facility Wide:  The employer provides ABC dry chemical portable fire extinguishers throughout the facility for employee use in case of an incipient stage fire.  The employer has not ensured that all portable fire extinguishers were visually inspected each month, as determined on December 21, 2012.    Abatement Certification Required for this Item.

Issued

May 9, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(e)(3):     Portable fire extinguishers were not subjected to an annual maintenance check:    (a) Facility Wide:  The employer did not ensure that portable fire extinguishers available for employees use were subjected to an annual maintenance check.  The portable fire extinguishers last maintenance checks occurred in 1998 and 2003, as determined on December 21, 2012.

Issued

May 9, 2013

Abate by

Jun 5, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(g)(1):     An educational program was not provided for all employees to familiarize them with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting:    (a) Facility Wide:  The employer provides dry chem ABC portable fire extinguishers throughout the facility for employee use.  The employer had not provided employees with an educational program to familiarize them with general principles of the fire extinguisher use and the hazards involved with fighting an incipient stage fire, as determined on December 21, 2012.    Abatement Certification Required for this Item.

Issued

May 9, 2013

Abate by

Jun 12, 2013

Penalty

Initial $7,000 · Current $4,900 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i):     The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):      (a) Oak Hill Facility:  Employees operate a Clark LP forklift (model #CMP15L, serial #CMP1581-0513-6851) to move vending stock throughout the warehouse.  The employer has not instituted a powered industrial truck training program that included formal instructions, practical demonstrations of competence, and evaluation of the operators' performance in the workplace to ensure that forklift operators are competent to operate the forklift safely, as determined on December 20, 2012.    (b)Lewisburg Facility:  Employees operate a Nissan LP forklift (model #CPH01A15PV, serial #CPH01P920581) to move vending stock throughout the warehouse.  The employer has not instituted a powered industrial truck training program that included formal instructions, practical demonstrations of competence, and evaluation of the operators' performance in the workplace to ensure that forklift operators are competent to operate the forklift safely, as determined on January 15, 2013.    Abatement Certification and Documentation Required for this Item.

Issued

May 9, 2013

Abate by

Jun 5, 2013

Penalty

Initial $2,100 · Current $1,470 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):    The employer did not develop, implement, and maintain a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:    (a)Mechanics Garage:  An employee uses Valvoline motor oil, DOT 2 brake fluid, and Liquid Wrench lubricating oil, which contains, but not limited to, heavy paraffinic distillate, aliphatic hydrocarbons, and trimethyl benzene.  The employer has not developed or implemented a written hazard communication program, as determined on December 21, 2012.          ABATEMENT NOTE:  A written program shall include a description of how the criteria for the following will be met:    1.        Labeling and other forms of warnings;  2.        Safety Data Sheets;  3.        Employee information and training.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and the availability of safety data sheets must also be addressed.  The written program must be made available upon request.    Abatement Certification Required for this Item.

Issued

May 9, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):      The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and ensure that they are readily accessible during each work shift to employees when they are in their work area(s):      (a) Mechanics Garage:  An employee uses Valvoline motor oil, DOT 2 brake fluid, and Liquid Wrench lubricating oil, which contains, but not limited to, heavy paraffinic distillate, aliphatic hydrocarbons, and trimethyl benzene.  The employer did not maintain copies of the safety data sheets for the chemicals, as determined on December 21, 2012.    Abatement Note:  Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.

Issued

May 9, 2013

Abate by

Jun 5, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3):      The employer did not provide employee training that included at least the elements listed in 29 CFR 1910.1200(h)(3)(i) through (iv):    (a)  Mechanics Garage:  An employee uses Valvoline motor oil, DOT 2 brake fluid, and Liquid Wrench lubricating oil, which contains, but not limited to, heavy paraffinic distillate, aliphatic hydrocarbons, and trimethyl benzene.   The employer has not provided employees training on the hazards associated with the use of the chemicals, as determined on December 21, 2012.    Abatement Certification Required for this Item.

Issued

May 9, 2013

Abate by

May 29, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.22(d)(1):   On every building or other structure, or part thereof, used for mercantile, business, industrial or storage purposes, the loads approved by the building official were not marked on plates of approved design and securely affixed in a conspicuous place in each space to which they relate:  (a)  Mezzanine Level:  The employer uses a mezzanine level in the warehouse located over the offices for storage of seasonal decorations, files, and additional vending supplies.  The load rating for this storage area was not known by the employer, as determined on December 21, 2012.      Abatement Certification Required for this Item.

Issued

May 9, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.37(b)(2):     Each exit was not clearly visible and marked by a sign reading "Exit":      (a)  Mechanic Garage:  The designated emergency exit door in the garage was not marked with a sign reading "Exit", as observed on December 21, 2012.

Issued

May 9, 2013

Abate by

May 29, 2013

Penalty

Initial $700 · Current $490 Reduced

General-duty citation text

29 CFR 1904.29(b)(3):    Each recordable injury or illness was not entered on the OSHA 300 Log and/or an incident report (OSHA Form 301or equivalent) within seven (7) calendar days of receiving information that a recordable injury or illness has occurred:    (a)  Mountain Vending, Inc.:  An injury resulting in an employee fatality was not recorded on the OSHA 300 Log.  The fatality occurred on December 20, 2012 and was not recorded on the Log within 7 days, as determined on January 15, 2013.      Abatement Certification Required for this Item.