OSHA Inspection: NIAGARA SPECIALTY METALS INC.

Issued

Sep 30, 2013

Abate by

Dec 9, 2013

Penalty

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

General-duty citation text

29 CFR 1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:    a.) On or about 8/9/13, employees wear MSA filtering facepieces during the processing of molybdenum, voluntarily; and, half or fullface respirators to perfrom furnace module repairs and painting, which are required.  The employer has not developed and implemented a respiratory protection program for employees using respirators and/or required to use half or fullface respirators.    ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Abate by

Dec 9, 2013

Penalty

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

General-duty citation text

29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:    a) Sandblasting building rooftop sandblast media storage unit - On or about 8/20/13, employees have and can enter the approximately 6 feet by 20 feet storage tank, through a port door, to move sandblast media over the ports when the sandblast media is low (media is approximately 1.5 feet high between the feed ports).  The employer has not completely evaluated the workplace to determine if any spaces, entered by employees, would qualify as a permit-required confined space.    ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:  a) Rooftop storage tank, sandblast building - On or about 9/5/13, the storage tank for sandblast media did not have a posted sign, or other effective means to inform employees of the danger posed by the permit space(s).  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Penalty

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

General-duty citation text

29 CFR 1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:    a.) Throughout the facility - On or about 8/15/13, employees inlcuding maintenance and production employees perform servicing and repair on production equipment, inlcuding but not limited to: Haas Mill #1, Mattison Grinder OF; and Gas furnaces.  The employer had last performed the annual certification in 2011.  The employer had not conducted an annual certification of the lockout tagout procedures.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Abate by

Oct 17, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(d)(4)(i): Lockout or tagout devices were not affixed to each energy isolating device by authorized employees:   a) Throughout production areas, including mills  On or about 8/15/13, maintenance techs change the blades on the shears, used to cut the rolled metal into smaller dimension, but do not place locks to ensure their safety, after the equipment has been de-energized and locked out by the authorized maintenance personnel.  The employer does not ensure that each employee working on equipment has placed a lock on the equipment prior to replacing the blades.    An acceptable abatement means would be to have exposed employees verify that all energies have been reduced to a zero state and apply then their own lock to a: lock box containing the maintenance supervisors key; or, to a hasp attached to the energy source(s) that has multiple lockout points for each exposed employees lock.    ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Abate by

Oct 17, 2013

Penalty

Initial $2,800 · Current $1,960 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.:    (a) Compressed gas in the facilities buildings (maintenance; rolling building; press building, etc) is not adjusted to 30 PSI or lower; nor, are there safety tips on the compressed gas lines to ensure that an employee is protected from excessive air pressure if the compressed air should come into contact with the employee's skin.    ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Abate by

Nov 2, 2013

Penalty

Initial $3,500 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.1001(j)(3)(i): The building owner, facility owner, or employer did not determine the presence, location, and quantity of ACM or PACM at the worksite and did not exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of asbestos-containing material (ACM) and presumed asbestos containing material (PACM):    a.) "Office building", on or about 8/15/13, Asbestos-containing materials (ACM) or Presumed Asebestos-containing materials (PACM) are located on pipes in this area.  The employer/building owner has not determined the presence, location, and quantity of ACM/PACM at the worksite and had not provided information to the employees regarding the presence, location, and quantity of this material.    ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Abate by

Nov 2, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1001(j)(3)(iii): Building and facility owner(s) did not inform employer(s) of employee(s); and employer(s) did not inform employee(s) who performed housekeeping activities in area(s) which contained ACM and/or PACM of the presence and location of ACM and/or PACM in such area(s) which might have been contacted during such activities.  a.) "Office Building" first floor production areas - On or about 8/15/13, employees working in this production area, including production employees, maintenance and janitorial personnel, can perform housekeeping duties, such as but not limitd to light sweeping of the floors over which pipes with ACM are located.  The employer has not provided the required information to employees, who perform housekeeping activities in the area(s) which contain ACM of the presence and location of the ACM in the area.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Abate by

Nov 2, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1001(j)(5)(i): The employer did not ensure that labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers. The building owner or employer did not identify previously installed ACM and/or PACM, and did not affix labels or signs so that employees will be notified of what materials contain ACM and/or PACM.   a.) Facility - Office Building 1st floor - On or about 8/15/13, the employer did not affix label to pipes with Presumed Asbestos-Containing Materials (PACM).  The building owner did not identify previously installed ACM and/or PACM, and affix labels or signs so the employees swill be notified of what materials contain ACM and/or PACM.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 30, 2013

Abate by

Nov 2, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1030(c)(1)(i): The employer having employee(s) with occupational exposure did not establish a written Exposure Control Plan designed to eliminate or minimize employee exposure:  a) Facility - On or about 8/15/13, employees have, in the past, cleaned up blood from injuries at the facility, by putting "kitty litter" on top of the blood and shoveling up the materials with gloved hands.  The employer had not established a written Exposure Control Plan for employees having occupational exposure, to eliminate or minimiz employee exposure.   NO ABATEMENT CERTIFICATION REQUIRED