OSHA Inspection: GARDEN STATE FIREWORKS

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(c)(1): The employer did not develop a written plan of action regarding the implementation of the employee participation required by 29 CFR 1910.119:    a) Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer had no written plan of action for employee participation in process safety management.  Garden State Fireworks manufactured pyrotechnics using black powder, a deflagrating explosive.  Processes occurring during the inspection included, but were not limited to,  powder mixing, star pressing and assembly of aerial shells.    Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(d)(1):  Process safety information pertaining to the hazards of the highly hazardous chemicals in the process did not consist of the elements specified in 29 CFR 1910.119(d)(1)(iv), (vi) and (viii):    a)  Mixing room    The employer failed to compile process safety information related to reactivity, thermal and chemical stability and inadvertent mixing of metal powders, oxidizers and fuels for employees engaged in manufacturing pyrotechnics including, but not limited to, star pressing, powder mixing and assembly of aerial shells.    Violation occurred on or about 6/3/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(2)(i): Process safety information pertaining to the technology of the process did not include the elements specified in 29 CFR 1910.119(d)(2)(i)(A) through (E):    a) Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer did not develop process safety information pertaining to the technology of the processes used by employees in the manufacture of pyrotechnics with black powder including:    (A)   Block flow diagrams or simplified process flow diagrams for the manufacture and assembly of pyrotechnics,  (B)   Process chemistry for pyrotechnic manufacture,  (C)   Maximum intended inventory of explosives,  (D)   Safe upper and lower limits for parameters like temperature, pressure and composition during manufacture of pyrotechnics,  (E)    Consequences of deviations including those affecting the safety and health of employees in the manufacturing of pyrotechnics.      Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(3)(i): The employer did not document process safety information  pertaining to the equipment of the process as specified in 29 CFR 1910.119(d)(3)(i)(A) through (H) including (A) materials of construction, (C) electrical classification and (F) design codes and standards employed:    a)  Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer did not have information on the equipment used by employees in the manufacture of pyrotechnics, including, but not limited to, the star press and black fuse winder.     Violation occurred on or about 6/4/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(e)(1): The employer did not perform an initial process hazard analysis (hazard evaluation) on processes covered by 29 CFR 1910.119:    a) Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer did not perform an initial process hazard analysis on any of the processes used by employees in the manufacture of pyrotechnics with black powder such as, but not limited to, powder mixing, star pressing, and assembly of aerial shells.     Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(f)(1): The employer did not develop and implement written operating procedures that provided clear instructions for safely conducting activities involved in each covered process:     a) Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer did not have written operating procedures for the processes used by employees during the manufacture of pyrotechnics with black powder including, but not limited to, powder mixing, star pressing and assembly of aerial shells.      Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(g)(3):  The employer did not prepare a record which contained the identity of the employee, the date of training and the means used to verify that the employee understood the training:      a) Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer did not have training records for employees manufacturing pyrotechnics from black powder including, but not limited to, powder mixing, star pressing and assembly of aerial shells.      Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(j)(2): The employer did not establish and implement written procedures to maintain the on-going integrity of process equipment:    a) Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer did not establish and implement written procedures for the maintenance, inspection and testing of equipment used by employees to manufacture black powder pyrotechnics including, but not limited to, the star press and the black fuse winder.    Violation occurred on or about 6/4/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(i): Inspection and tests were not performed on process equipment to maintain its mechanical integrity:    a) Main Processing Building, Lance Building, Pressing Room, Candle/Drying Room, Buildings 61 and 62, Mixing Room, Star Rolling Area and Fuse Making Area    The employer failed to perform inspection and testing of equipment used by employees to manufacture black powder pyrotechnics including but not limited to, the star press and black fuse winder.       Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(n): The employer did not establish an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38:    a) Fenced production/storage area    The employer's emergency plan did not describe procedures for emergency evacuation if the front exit gate was not safely accessible.  Employees working in the production area manufactured pyrotechnics using explosive material (black powder).    Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.36(c)(1): Each exit discharge must lead directly outside or to a street, walkway, refuge area, public way, or open space with access to the outside:    a) Fenced production/storage area    Production buildings discharged to a fenced area with an exit through the front gate.  Two other gates in the front fence were chained and padlocked.  If an emergency event blocked access to the front fence employees would have to climb a six foot fence to evacuate the yard and reach the muster point.  Employees working in the production area manufactured pyrotechnics using explosive material (black powder).    Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

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

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not establish and implement a written respiratory protection program with worksite-specific procedures in any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer:    a) Mixing room    The employer failed to develop and implement a written respiratory protection program for an employee required to wear a filtering facepiece respirator when mixing pyrotechnic powders including, but not limited to, antimony sulfide and barium nitrate.    Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

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) Mixing room    The employer did not provide a medical evaluation to an employee required to wear a filtering facepiece respirator when mixing pyrotechnic powders including, but not limited to, antimony sulfide and barium nitrate.    Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 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) Mixing room (building)    The employer did not provide a fit test to an employee required to wear a filtering facepiece respirator when mixing pyrotechnic powders including, but not limited to, antimony sulfide and barium nitrate.    Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): The employer did not provide effective training to employees who were required to use respirators:    a) Mixing room (building)    The employer did not provide respirator training to an employee required to wear a filtering facepiece respirator when mixing pyrotechnic powders including, but not limited to, antimony sulfide and barium nitrate.    Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Nov 19, 2013

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.213(h)(1): The sides of the lower exposed portion of the blade of radial saw(s) were not guarded to the full diameter of the blade by a device that automatically adjusted itself to the thickness of the stock and remained in contact with stock being cut:    a) Mortar repair tent, parking area outside fence    An employee cut boards with a Delta Sawbuck Frame and Trim Saw missing the automatically adjusting lower blade guard.    Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

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

General-duty citation text

29 CFR 1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i. and then only with effective chip guarding and personal protective equipment:    a) Mixing room    Compressed air at approximately 150 psig was used periodically to blow out dust from the room and storage bins.    Violation occurred on or about 5/10/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $3,500 · Current $1,750 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 describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a) Establishment    The employer did not develop and implement a written hazard communication program for employees making pyrotechnic components and assembling pyrotechnics containing chemicals such as, but not limited to, black powder, barium nitrate and antimony sulfide.     Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):  Employees were not provided effective information and training as specified in 29 CFR 1910.1200(h)(2) and (3) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:    a) Establishment    Employees making pyrotechnic components and assembling pyrotechnics containing chemicals such as, but not limited to, black powder, barium nitrate and antimony sulfide were not provided effective information and training on health hazards and material safety data sheets.     Violation occurred on or about 6/6/13.

Issued

Nov 6, 2013

Abate by

Apr 28, 2014

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) Establishment    Employees voluntarily using filtering facepiece respirators when manufacturing pyrotechnics using components such as, but not limited to, mixed powders, blackpowder and stars were not provided with the information in Appendix D to 29 CFR 1910.134.    Violation occurred on or about 6/6/13.