OSHA Inspection: RUCKER ENVIRONMENTAL SERVICES, LLC

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $2,800 · Current $1,820 Reduced

Hazardous substances 9910

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that caused or were likely to cause death or serious physical harm in that employees were exposed to hazards from improper storage and handling of corrosive liquids in the workplace:      a)  At the facility, in the wash bay 1 area: On or about March 28, 2013, A-One Dyna Brite Concentrate, a corrosive liquid hazardous material, was being stored and dispensed without secondary containment, exposing employees to chemical burn hazards from dispensing residual or in the event of an uncontrolled spill.     b)  At the facility, in the wash bay 1 area: On or about March 28, 2013, A-One Dyna Kleen Degreaser, a combustible liquid incompatible with strong acids was stored on top of and not in separated secondary containment from A-One Dyna Brite Concentrate, a corrosive liquid comprised of sulfuric and hydrofluoric acids, exposing employees to chemical reactivity hazards.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $2,800 · Current $1,820 Reduced

Hazardous substances 9910

General-duty citation text

29 CFR 1910.106(d)(5)(vi)(d): Portable tanks were stored over one tier high and were not designed to nest securely without dunnage:        At the facility in wash bay number 1: On or about March 28, 2013 the frame of a tote of A-One Dyna Kleen Degreaser stored on top of a tote of A-One Dyna Brite Concentrate was not designed to nest securely and was leaning over and onto the tote below, exposing employees to crush-by and chemical exposure hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $4,900 · Current $3,185 Reduced

Hazardous substances 032018109965

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):     The employer did not identify and assess the individual hazards presented by chemical components of hazardous waste being cleaned by employees from the inside of chemical tank trailers and roll off boxes, exposing employees to chemical inhalation, dermal absorption and burn hazards:            a)    At the facility: On or about March 12, 2013, during employee cleaning of container TT-405, Hazardous Waste Manifest 006091658, contents description cresol and p. cresol; the employer did not assess hazards of other chemicals in the waste found on the Waste Profile, including but not limited to benzene, hydrogen cyanide, phenyl cyanide (benzonitrile), cyclohexane, adiponitrile, pentenenitriles, methyl glutaronitrile, organophosphorus (toxic pesticide component), nickel cyanoboron, ethyl succinonitrile, nickel and copper.         b)    At the facility: On or about March 26, 2013, during employee cleaning of container 50003T, Hazardous Waste Manifest 006172831, contents description Benzene, Dibenzofuran; the employer did not assess hazards of other chemicals in the waste found on the Waste Profile, including but not limited to diphenyl oxide (OSHA PEL 1 ppm, IDLH 100 ppm), alkylates, and toluene.         c)    At the facility: On or about April 11, 2013, during employee cleaning of container 510, Hazardous Waste Manifest 003329244, wash out certificate description Tank Trailer (NonHaz) LC Desmodur N; the employer did not assess hazards of chemicals in the waste available either via the Waste Profile or Desmodur N Material Safety Data Sheet (MSDS), including but not limited to Hexamethylene Diisocyanate (ACGIH TLV 0.005 ppm).  The wash ticket incorrectly listed the waste as Non Hazardous and no MSDS was provided to the tank wash personnel.         d)    At the facility: On or about July 3, 2013, during employee cleaning of container T-12113, Hazardous Waste Manifest 006641939, contents description Hexamethylene Diisocyanate and Chlorobenzene; the employer did not assess hazards of other chemicals in the waste found on the Waste Profile, including but not limited to arsenic, cadmium, methylene chloride, trichloroethylene, and methyl chloride (reacts with water to form hydrochloric acid).  A tank cleaner suffered chemical burn injuries to his torso and arm when chemicals permeated the personal protective equipment worn.         e)    At the facility: On or about August 18, 2013, during employee cleaning of container VB27604, Hazardous Waste Manifest 006601020, contents description Hazardous Waste Solid, N.O.S. 9; the employer did not assess hazards of other chemicals in the waste found on the Waste Profile, including but not limited to mercury (OSHA PEL 0.1 mg/m3) and nickel (OSHA PEL 1 mg.m3).         f)    At the facility: On or about September 9, 2013, during employee cleaning of container 8552, Hazardous Waste Manifest Unknown, contents description Toluene and Flourine (IDLH 25 ppm); the employer did not assess hazards of other chemicals in the waste found on the Waste Profile, including but not limited to chloromethyl ketone, and methyl isobutyl ketone.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $3,500 · Current $2,275 Reduced

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:          a)    At the facility:  On or about March 28, 2013, and times thereafter the Scott EZ-Air Supplied Air Respirator being used for cleaning hazardous waste from inside confined spaces was not approved for use in Immediately Dangerous to Life or Health (IDLH) atmospheres, exposing employees to suffocation and chemical inhalation hazards.         b)    At the facility: On or about March 28, 2013 and times thereafter the employer provided North full face and half face air purifying respirators for use by tank wash employees and did not select the respirators based on an evaluation of the respiratory hazards posed by the hazardous material chemical contents of the containers being cleaned, exposing employees to inhalation hazards.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $3,500 · Current $2,275 Reduced

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)    At the facility:  On or about March 28, 2013 employees required to wear North tight-fitting half and full face elastomeric air purifying respirators during cleaning of hazardous waste and chemical containers were not medically evaluated to determine their ability to wear a respirator, exposing employees to cardio-pulmonary stress hazards.        b)    At the facility:  On or about March 28, 2013 employees required to wear a Scott tight-fitting elastomeric full face piece component of the Scott EZ-Air Supplied Air system during cleaning of hazardous waste and chemical containers were not medically evaluated to determine their ability to wear a respirator, exposing employees to cardio-pulmonary stress hazards.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $4,900 · Current $3,185 Reduced

General-duty citation text

29 CFR 1910.134(i)(5)(iii): The compressor's sorbent bed and filters were not maintained and replaced or refurbished periodically as instructed by the manufacturer:         At the facility, in the tank wash building:  March 28, 2013 and times thereafter, the air filter and sorbent bed for Ingersoll Rand Model 7100, serial number 7057398 electric driven, oil lubricated air compressor was not maintained or refurbished when used to supply breathing air to employees conducting confined space entry and cleaning of hazardous chemicals from inside of containers, exposing employees to an asphyxiation hazard.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(i)(7): Oil lubricated compressor(s) used to supply breathing air did not have a high-temperature or carbon monoxide alarm(s) or both:      At the facility, in the tank wash building:  March 28, 2013 and times thereafter, the Ingersoll Rand Model 7100, Serial Number 7057398 electric driven, oil lubricated air compressor used to supply breathing air to employees conducting confined space entry and cleaning of hazardous chemicals from inside of containers did not have a high temperature or carbon monoxide alarm, exposing employees to an asphyxiation hazard.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $4,900 · Current $3,185 Reduced

General-duty citation text

29 CFR 1910.146(c)(5)(ii)(C): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but before an employee entered the space, the internal atmosphere was not tested with a calibrated direct-reading instrument:         At the facility, in the tank wash building:  On or about March 28, 2013, the Industrial Scientific multi-gas instrument, Model M40, used to test the confined space of tank trailer 510 for entry and cleaning had no record of calibration and the carbon monoxide sensor would not zero, exposing employees entering chemical tankers to inhalation and asphyxiation hazards.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(5)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), when testing for atmospheric hazards, the employer did not evaluate permit space conditions when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors.         At the facility:  On or about March 28, 2013, and times theretofore and thereafter, the employer did not identify chemical components and conduct testing for all toxic gases and vapors in hazardous waste and chemical residue of containers being entered and cleaned by tank washers, exposing employees to chemical toxicity hazards.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $4,200 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.151(a): Medical personnel were not readily available for advice and consultation on matters of plant health:        At the facility:  On or about July 3, 2013, and times thereafter, a tank wash employee was denied advice and consultation of medical personnel for a chemical burn injury to his torso and arm, exposing the employee to infection, local chemical absorption damage, and systemic toxicity hazards associated with an untreated dermal exposure.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $4,900 · Current $3,186 Reduced

Hazardous substances 9910

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)     At the facility, in the vicinity of wash bays 2 and 3, floor level:  On or about March 28, 2013 and times theretofore and thereafter the emergency eyewash and shower station available to tank wash employees exposed to corrosive chemicals during cleaning of hazardous waste and chemical containers was inoperable, exposing employees to chemical burn hazards.             b)    At the facility, on the elevated wash rack between bays 1 and 2:  On or about March 28, 2013 and times theretofore and thereafter no emergency eyewash station was available to tank wash employees exposed to corrosive chemicals during cleaning of hazardous waste and chemical containers from an elevated platform, exposing employees to chemical burn hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $4,900 · Current $3,185 Reduced

Hazardous substances 03200620108099109965

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:         At the facility:  On or about March 28, 2013, and times thereafter employees using corrosive cleaning chemicals and cleaning hazardous waste chemical components from inside of containers were not provided effective information and training on those chemicals, exposing employees to chemical burn and toxicity hazards.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $700 · Current $455 Reduced

General-duty citation text

29 CFR 1904.4(a): The employer did not record each work-related fatality, injury or illness case that resulted in the general recording criteria on the OSHA Form 300 or equivalent.         At the facility,  the employer did not record the injury of an employee that suffered chemical burns on or about July 3, 2013,  on the OSHA Form 300 or equivalent for the calendar year 2013.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:         At the facility, in the tank wash and yard areas:  On or about March 28, 2013 and times thereafter, the employer did not develop and implement a noise exposure monitoring program to assess employee exposure from high noise activities including but not limited to high pressure washing inside tank trailers, using buffers and grinders inside of confined spaces, and using chipping hammers to remove hardened material from trailers and boxes being cleaned, exposing employees to hearing loss hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.120(q)(1): The employer did not develop and implement an emergency response plan to handle anticipated emergencies prior to commencement of emergency response operations:         At the facility: On or about March 28, 2013 and times thereafter the employer did not develop and implement an emergency response plan specific to the anticipated emergency of an accidental spill of hazardous material during removal of container heel or handling of hazardous waste, exposing employees to chemical burn, absorption or inhalation hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.120(q)(6)(iii): Employees who participated as hazardous materials technicians, or were expected to participate as hazardous materials technicians, had not received at least 24 hours of training equal to the first responder operations level, and in addition have competency in the areas outlined in 29 CFR 1910.120(q)(6)(iii)(A) through (q)(6)(iii)(I) and/or the employer did not so certify:    At the facility: On or about March 28, 2013 and times thereafter the employer did not provide or certify training for employees who responsed to an accidental spill of hazardous materials, exposing employees to chemical burn, absorption or inhalation hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

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:              At the facility: On or about March 28, 2013, the employer required the use of three types of respirators without a written respiratory protection program with worksite specific procedures such as but not limited to: under what conditions the  respirators should be used; routine use and emergency response to contain and clean up a chemical spill; and procedures to regularly evaluate the program, exposing employees to chemical inhalation hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness:        At the facility: On or about March 28, 2013, and times thereafter, the employer did not designate a program administrator qualified to administer the respiratory protection program, exposing employees to chemical inhalation hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:    The employer did not identify and make reasonable estimate of exposure to the individual chemical components of hazardous waste and other chemical cargo being cleaned by employees from the inside of chemical tank trailers and roll off boxes, exposing employees to acute and chronic chemical inhalation hazards:

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(3)(iii)(B)(2): The employer did not implement a change schedule for respirators not equipped with an End of Service Life Indicator that would ensure cartridges were changed before the end of their service life:        At the facility: On or about March 28, 2013 the employer did not implement a change schedule for North Type 75SC combination cartridges being used in North 6300 Series full face respirators by tank wash employees cleaning hazardous waste chemical trailers, exposing employees to chemical inhalation hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

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)    At the facility, in the tank wash building:  On or about March 28, 2013 employees required to wear a tight fitting Scott EZ-Air Supplied Air face piece for respiratory protection during chemical tank trailer cleaning were not fit tested, exposing employees to chemical asphyxiation and toxicity hazards.         b)    At the facility, in the tank wash building:  On or about March 28, 2013 employees required to wear tight fitting North full and half face air purifying respirators during chemical tank trailer cleaning were not fit tested, exposing employees to chemical asphyxiation and toxicity hazards.

Issued

Sep 24, 2013

Abate by

Oct 24, 2013

Penalty

Initial $700 · Current $455 Reduced

General-duty citation text

29 CFR 1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:        At the facility: On or about March 28, 2013, the employer did not ensure North 6300 Series Scott tight fitting face piece respirators used by tank wash employees cleaning hazardous waste chemical trailers were cleaned and disinfected, exposing employees to chemical and hygiene hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:        At the facility: On or about March 28, 2013 the employer did not ensure North 6300 Series Scott tight fitting face piece respirators used by tank wash employees cleaning hazardous waste chemical trailers were stored to protect them from damaging chemicals and contamination, exposing employees to chemical and hygiene hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(i)(1)(ii): Breathing air did not meet requirements for Grade D breathing air as described in the ANSI/Compressed Gas Association Commodity Specification G-7.1-1989:        At the facility, in the wash bay 1 and 2 area:  On or about March 28, 2013 the compressed breathing air used by employees cleaning chemical tank trailers was not certificated as Grade D breathing air, exposing employees to inhalation hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.151(b): There was neither an infirmary, clinic, or hospital used for the treatment of all injured employees in near proximity to the workplace nor a person or persons adequately trained to render first aid:        At the facility:  On or about July 3, 2013, the employer did not provide a person adequately trained to render first aid when a tank wash employee suffered a chemical burn injury to his torso and arm while cleaning a hazardous chemical tank, exposing the employee to infection, local chemical absorption damage, and systemic toxicity hazards.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 0320

General-duty citation text

29 CFR 1910.1028(e)(1)(iii): Determinations of compliance with the STEL were not made from 15-minute employee breathing zone samples measured at operations where there was reason to believe exposures were high:       The employer did not make a determination of compliance with the Short Term Exposure Limit of 5 ppm when hazardous waste and other chemical cargo being cleaned by employees from the inside of chemical tank trailers and roll off boxes contained benzene, exposing employees to carcinogenic inhalation hazards:             a)    At the facility: On or about March 12, 2013, during employee cleaning of container TT-405, Hazardous Waste Manifest 006091658, the employer did not make a determination of compliance with the Short Term Exposure Limit of 5 ppm when chemicals in the waste found on the waste profile included benzene.            b)    At the facility: On or about March 26, 2013, during employee cleaning of container 50003T, Hazardous Waste Manifest 006172831, the employer did not make a determination of compliance with the Short Term Exposure Limit of 5 ppm when chemicals in the waste found on the waste profile included benzene.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 0320

General-duty citation text

29 CFR 1910.1028(e)(2)(i): The employer did not monitor each workplace and work operation to determine accurately the airborne concentrations of benzene to which employees may be exposed:    The employer did not monitor each workplace and work operation to determine accurately the airborne concentrations of benzene to which employees were exposed when hazardous waste and other chemical cargo being cleaned by employees from the inside of chemical tank trailers and roll off boxes contained benzene, exposing employees to carcinogenic inhalation hazards:             a)    At the facility: On or about March 12, 2013, during employee cleaning of container TT-405, Hazardous Waste Manifest 006091658, the employer did not accurately monitor airborne concentrations to which tank cleaners were exposed when chemicals in the waste found on the waste profile included benzene.            b)    At the facility: On or about March 26, 2013, during employee cleaning of container 50003T, Hazardous Waste Manifest 006172831, the employer did not accurately monitor airborne concentrations to which tank cleaners were exposed when chemicals in the waste found on the waste profile included benzene.

Issued

Sep 24, 2013

Abate by

Mar 4, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 0320

General-duty citation text

29 CFR 1910.1028(j)(3)(iii)(A): The employer did not provide employees with an explanation of the contents of 29 CFR 1910.1028 including Appendices A and B:    The employer did not provide employees with an explanation of the contents of 29 CFR 1910.1028 including Appendices A and B when hazardous waste and other chemical cargo being cleaned by employees from the inside of chemical tank trailers and roll off boxes contained benzene, exposing employees to carcinogenic skin absorption and inhalation hazards:             a)    At the facility: On or about March 12, 2013, during employee cleaning of container TT-405, Hazardous Waste Manifest 006091658, the employer did not provide employees with an explanation of the contents  when chemicals in the waste found on the waste profile included benzene.            b)    At the facility: On or about March 26, 2013, during employee cleaning of container 50003T, Hazardous Waste Manifest 006172831, the employer did not provide employees with an explanation of the contents when chemicals in the waste found on the waste profile included benzene.