OSHA Inspection: ROHR & SONS NURSERY AND GARDEN CENTER INC.

Issued

Oct 30, 2013

Abate by

Dec 18, 2013

Penalty

Initial $2,800 · Current $0 Reduced

General-duty citation text

29 CFR 1910.157(g)(2):  The educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting was not provided to all employees upon initial employment, and at least annually thereafter:     As of July 23, 2013, portable fire extinguishers were available for employees to use, but initial and annual training were not provided.     Note the employer may exercise one of the following options:     1. Provide portable fire extinguishers as specified in 29 CFR 1910.157(c)(1), meet the distribution requirements per 29 CFR 1910.157(d) (75 to the nearest extinguisher for Class A fires and 50 to the nearest unit for Class B fires), and provide training and education for all employees in the use of such equipment and the hazards associated with incipient stage fire fighting as specified in 29 CFR 1910.157(g).  The other sections of 29 CFR also apply.     2. Provide extinguishers as specified in 29 CFR 1910.157(c)(1), designate certain employees to be the only employees authorized to use such equipment and require all other employees to immediately evacuate upon the sound of the fire alarm, establish this in writing in an emergency action plan as outlined in 29 CFR 1910.38(a) and train/educate designated employees per 1910.157(g).  Utilizing this option exempts the employer from distribution requirements of 29 CFR 1910.157(d).     3. Establish a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal.  This policy shall include an emergency action plan and a fire prevention plan as specified in 29 CFR 1910.38(a) and 29 CFR 1910.39(a).  Utilizing this option exempts the employer from the requirements of 29 CFR 1910.157 to include the need for providing portable fire equipment unless a specific standard requires that a portable fire extinguisher be provided (such as those requirements in 29 CFR 1910.106/107 related to the use/storage of flammable/combustible liquids).  If extinguishers are provided, but not intended for employee use, 29 CFR 1910.157(e) and (f) are still applicable (inspection, maintenance, and testing of equipment).

Issued

Oct 30, 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":    As of July 23, 2013, doors used to exit in the case of an emergency were not clearly marked with a sign reading exit.

Issued

Oct 30, 2013

Penalty

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

General-duty citation text

29 CFR 1910.215(a)(4): Grinding machinery was not used with work rest(s) to support offhand grinding work.    a)  On and before July 23, 2013, the employer allowed employees to use a bench grinder with a missing work rest.    b) On and before July 23, 2013, the employer allowed employees to use a bench grinder with the work rest not adjusted within one-eighth inch to prevent the work from being jammed between the wheel and the rest.

Issued

Oct 30, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.215(b)(9): The distance between the abrasive wheel periphery(s) and the adjustable tongue or the end of the safety guard peripheral member at the top exceeded one fourth inch.  a)  On and before July 23, 2013, the employer allowed employees to use a bench grinder with a missing tongue guard.  b)  On and before July 23, 2013, the employer allowed employees to use a bench grinder with the tongue guard not adjusted within one-fourth inch.

Issued

Oct 30, 2013

Penalty

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

General-duty citation text

29 CFR 1910.303(b)(7)(iv): There were damaged parts that adversely affected safe operation or mechanical strength of the equipment, such as parts that were broken, bent, cut, or deteriorated by corrosion, chemical action, or overheating:      a) On and before July 23, 2013, the employer allowed employees to use a light switch, on the wall outside of the shop tool cage, which had a broken cover plate exposing employees to live electrical parts.      b) On and before July 23, 2013, the employer allowed employees to use an outlet, on the wall outside of the shop tool cage, which had a broken cover plate exposing employees to live electrical parts.

Issued

Oct 30, 2013

Penalty

Initial $2,100 · Current $0 Reduced

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:     As of July 23, 2013, the employer failed to label secondary containers with the identity of the hazardous chemicals therein, including but not limited to, windshield washing fluid, hydraulic oil, motor oil.

Issued

Oct 30, 2013

Penalty

Initial $0 · Current $0

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:       As of July 23, 2013, the employer failed to establish and implement a hazard communication program for employees who work with chemicals, including but not limited to, hydraulic fluid, motor oil, diesel fuel, gasoline, parts cleaner, spray paints, and windshield washer fluid.

Issued

Oct 30, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(5)(ii): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the appropriate hazard warnings:         As of July 23, 2013, the employer failed to label secondary containers with the identity of the hazardous chemicals therein, including but not limited to, windshield washing fluid, hydraulic oil, motor oil.

Issued

Oct 30, 2013

Abate by

Dec 18, 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:     As of July 23, 2013, the employer failed to provide hazard communication program training for employees who work with chemicals, including but not limited to, hydraulic fluid, motor oil, diesel fuel, gasoline, parts cleaner, spray paints, and windshield washer fluid.

Issued

Oct 30, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure.  On and before July 23, 2012 to present the employer used flexible cords as a substitute for the fixed wiring to provide electrical power to a TV in a lofted area of the maintenance shop.