OSHA Inspection: ALBERT KEMPERLE, INC.

Issued

Sep 3, 2013

Abate by

Oct 21, 2013

Penalty

Initial $1,200 · Current $900 Reduced

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:  a) Worksite, Paint Mixing Room - Employees are required to wear 3M half face dual cartridge respirator when mixing paints.  The employer did not develop or implement a written respiratory program including training, medical evaluation, fit testing, procedures for cleaning and storing and disinfecting of respirators; on or about 7/29/13.  Note: The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.  ABATEMENT NOTE:      The written Respiratory Program must include the descriptions of how the      following program elements, required by this regulation will be developed,      implemented and conveyed to the employer's employees who use respirators:         (i)  Procedures for selecting respirators for use in the workplace.         (ii)  Medical evaluations of employees required to use respirators.         (iii) Fit testing procedures for tight fitting respirators.         (iv) Procedures for the proper use of respirators in routine and reasonably              foreseeable emergency situations.         (v)  Procedures and schedules for cleaning, disinfecting, storing, inspecting,              repairing, discarding, and maintaining respirators.         (vi)  Procedures to ensure adequate air quality, quantity, and flow of breathing               air for atmosphere-supplying respirators.         (vii) Training of employees in the respiratory hazards to which they are               potentially exposed during routine and emergency situations.         (viii) Training of employees in the proper use of respirators, including putting               on and removing them, any limitations on their use, and their maintenance;               and         (ix)  Procedures for regularly evaluating the effectiveness of the program.

Issued

Sep 3, 2013

Abate by

Oct 21, 2013

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) Worksite, Paint Mixing room - Employees are required to wear 3M half face dual cartridge respirator when mixing paints without being provided with a medical evaluation prior to the employee's use of the respirator in the workplace; on or about 7/29/13.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Sep 3, 2013

Abate by

Oct 21, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2):   Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) Worksite, Paint Mixing Room - Employee is required to wear 3M half face dual cartridge respirator when mixing paints without being fit tested prior to the initial use of the respirator; on or about 7/29/13.  Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Sep 3, 2013

Abate by

Oct 21, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(3):   Training was not provided prior to requiring employees to use a respirator in the workplace:  a) Worksite, Paint Mixing Room - Employees are required to wear 3M half face dual cartridge respirator when mixing paints without being provided with the respiratory protection training prior using the respirator at the workplace ; on or about 6/11/12.    Note:  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19.

Issued

Sep 3, 2013

Abate by

Sep 9, 2013

Penalty

Initial $400 · Current $300 Reduced

General-duty citation text

29 CFR 1904.40(a): The employer did not provide an authorized government representative the records within the four business hours.  a) Worksite:  Copies of the OSHA's 300 Logs for years 2008, 2009, 2010, 2011 were not provided by the employer within four business hours; on or about 7/29/13.   Note: Because abatement of this violation is already documented in the case file, the employer need not to submit certification or documentation of abatement of this violation as normally required by 29 CFR 1903.19.