OSHA Inspection: LANDS END SCULPTURE CENTER, INC.

Issued

Nov 14, 2013

Abate by

Apr 17, 2014

Penalty

Initial $1,700 · Current $850 Reduced

General-duty citation text

29 CFR 1910.95(b)(1):  When employees were subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls were not utilized:   (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: When employees were subjected to sound exceeding those listed in Table G-16, the employer did not utilize feasible administrative or engineering controls.  Noise monitoring conducted on 8/22/13, found one employee conducting metal chasing exposed to noise at a dose of 147%.  This condition exposed employees to the hazard of noise induced hearing loss.     Abatement Note:  Feasible engineering controls include, but are not limited to:   A reduction in employee noise exposure would be considered significant if a three to five decibel noise level decrease is achieved (CPL 2-2.35A).   1)     Replace the current grinders and polishers with tools that will perform at a lower decibel level.            2)     Lower the air pressure used for the pneumatic tools to as low as possible.   Abatement Note:  Abatement of this item will normally be multi-step as follows:   STEP 1: Effective hearing protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.   Hearing Conservation Program (with some estimated costs):   1)                  At least one employee needs to be enrolled in a program.   2)                  Average annual cost of inclusion in audiogram program is $50/employee.   3)                  Estimated company cost for one year is $50.   4)                  Program to include all provisions required by OSHA Standards.   5)                  Costs associated with purchasing hearing protection are part of the existing PPE Program of the company.  No additional costs anticipated.   6)                  Indirect costs include, but are not limited to, development of a written hearing conservation program, decreased production on audiometric testing day(s), and follow-up noise monitoring.       STEP 1 ABATEMENT DATE (15 DAYS):    STEP 2:  Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to industrial noise.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:   1)                  Evaluation of the extent and location of the hazard source(s);   2)                  Evaluation of control measure options;   3)                  Selection of optimum control measures;   4)                  Determination of control measure design;   5)                  Ordering and delivery of equipment;   6)                  Installation of control measures;   7)                  Training of employees in proper orientation and maintenance of newly implemented control measures; and    8)                  Assurance of the effective performance of control measures.       All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty (30) day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.                   STEP 2 ABATEMENT DATE (30 DAYS):    STEP 3:  Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.                   STEP 3 ABATEMENT DATE (60 DAYS):

Issued

Nov 14, 2013

Abate by

Apr 17, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(c)(1):  The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average (TWA) sound level of 85 decibels measured on the A scale (slow response), or equivalently, a dose of fifty percent:    (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: On and before 8/21/13, the employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent.  Noise monitoring conducted on 8/22/13, found one employee conducting metal chasing exposed to noise at a dose of 147%.  This condition exposed employees to the hazard of noise induced hearing loss.     Abatement Note:  A Hearing Conservation Program shall consist of:   (1) Development and implementation of a noise monitoring program;   (2) The institution of engineering, work practice, and administrative controls for excessive noise,   (3) Notification of employees who are exposed to noise doses in excess of the action level (50% dose);    (4) Baseline audiogram within six months of exposure at or above the action level with annual follow-up audiogram for purposes of tracking changes in employee hearing acuity;   (5) Providing a variety of hearing protection and requiring its use where employees are exposed to noise above the Permissible Exposure Limit (PEL) of 100% dose, where employees are exposed to noise above the Action Limit (AL) of 50% dose and have not received a baseline audiogram or has experienced a standard threshold shift;    (6) Annual training with regards to effects of noise upon hearing, use of hearing protection, and the purpose of the audiometric testing; and,   (7) Retention of all records including audiometric testing results and noise monitoring results.

Issued

Nov 14, 2013

Abate by

Dec 19, 2013

Penalty

Initial $1,020 · Current $510 Reduced

General-duty citation text

29 CFR 1910.179(j)(3): A complete periodic inspection of crane(s) had not been conducted in the past 12 months:      (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: On and before 8/21/13, a complete periodic inspection of the 12 ton Wazee crane had not been conducted in the past 12 months.  This condition exposed employees to struck-by and falling load hazards.

Issued

Nov 14, 2013

Abate by

Apr 17, 2014

Penalty

Initial $1,360 · Current $680 Reduced

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of copper fume listed in Table Z-1 in excess of the 8 hour Time Weighted Average concentration of 0.1 milligrams per cubic meter of air:   (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: Air monitoring conducted on 8/22/13 found one employee conducting cut off and chasing to be exposed to copper fume in excess of the permissible exposure limit (PEL) of 0.1 milligrams per cubic meter of air calculated as an eight-hour time-weighted average.  The employee was exposed to copper fume at a concentration of 0.2777 milligrams per cubic meter of air which is 2.8 times the PEL.  This condition exposes employees to the respiratory hazards associated with copper fume exposure.   (b) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: Air monitoring conducted on 8/22/13 found one employee conducting cut off and welding to be exposed to copper fume in excess of the permissible exposure limit (PEL) of 0.1 milligrams per cubic meter of air calculated as an eight-hour time-weighted average.  The employee was exposed to copper fume at a concentration of 0.1164 milligrams per cubic meter of air which is 1.2 times the PEL.  This condition exposes employees to the respiratory hazards associated with copper fume exposure.

Issued

Nov 14, 2013

Abate by

Apr 17, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(e):   Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d): (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: The employer did not implement feasible administrative or engineering controls to reduce and maintain employee exposure to copper fume in accordance with the limits prescribed in 29 CFR 1910.1000(a) through (d).  Air monitoring conducted on 8/22/13 found one employee conducting cut off and chasing to be exposed to copper fume in excess of the permissible exposure limit (PEL) of 0.1 milligrams per cubic meter of air calculated as an eight-hour time-weighted average.  The employee was exposed to copper fume at a concentration of 0.2777 milligrams per cubic meter of air which is 2.8 times the PEL.  This condition exposes employees to the respiratory hazards associated with copper fume exposure. (b) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: The employer did not implement feasible administrative or engineering controls to reduce and maintain employee exposure to copper fume in accordance with the limits prescribed in 29 CFR 1910.1000(a) through (d).  Air monitoring conducted on 8/22/13 found one employee conducting cut off and welding to be exposed to copper fume in excess of the permissible exposure limit (PEL) of 0.1 milligrams per cubic meter of air calculated as an eight-hour time-weighted average.  The employee was exposed to copper fume at a concentration of 0.1164 milligrams per cubic meter of air which is 1.2 times the PEL.  This condition exposes employees to the respiratory hazards associated with copper fume exposure.   Abatement note:  Feasible engineering controls include, but are not limited to:  (1)  Provide local exhaust ventilation at the torch cutting and welding work stations     Abatement Note:  Abatement of this item will normally be multi-step as follows:  (1)  Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.  STEP 1 ABATEMENT DATE (15 DAYS):    (2)  Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan should include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:  (a)  Evaluation of the extent and location of the hazard source;  (b)  Evaluation of control measure options;  (c)  Selection of optimum control measures;  (d)  Determination of control measure designs;  (e)  Ordering and delivery of equipment;  (f)  Installation of control measures;  (g)  Training of employees in proper operation and maintenance of newly implemented control measures; and,  (h)  Assurance of the effective performance of control measures.  All control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.  STEP 2 ABATEMENT DATE (60 DAYS):    (3)  Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.  STEP 3 ABATEMENT DATE (90 DAYS):

Issued

Nov 14, 2013

Abate by

Dec 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(a)(2):  The employer did not establish and maintain a respiratory protection program which included the requirements outlined in 29 CFR 1910.134(c):  (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: the employer did not establish and maintain a written respiratory program which included the requirements outlined in 29 CFR 1910.134(c).  Air monitoring conducted on 8/22/13 found one employee conducting cut off and chasing to be exposed to copper fume in excess of the permissible exposure limit (PEL) of 0.1 milligrams per cubic meter of air calculated as an eight-hour time-weighted average.  The employee was exposed to copper fume at a concentration of 0.2777 milligrams per cubic meter of air which is 2.8 times the PEL.  This condition exposes employees to the respiratory hazards associated with copper fume exposure.     (b) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: the employer did not establish and maintain a written respiratory program which included the requirements outlined in 29 CFR 1910.134(c).  Air monitoring conducted on 8/22/13 found one employee conducting cut off and welding to be exposed to copper fume in excess of the permissible exposure limit (PEL) of 0.1 milligrams per cubic meter of air calculated as an eight-hour time-weighted average.  The employee was exposed to copper fume at a concentration of 0.1164 milligrams per cubic meter of air which is 1.2 times the PEL.  This condition exposes employees to the respiratory hazards associated with copper fume exposure.   Abatement note: The written program shall include at least the following:                                                                                                                        (1)  Procedures for selecting respirators for use in the workplace;                                                                                                                         (2)  Medical evaluations of employees required to use respirators;                                                                                                                          (3)  Fit testing procedures for tight-fitting respirators;                                                                                                                                  (4)  Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;                                                                                                                                                                                                                    (5)  Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;                                                                                                                          (6)  Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;                                                                                                                                                  (7)  Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;                                                                                                                                       (8)  Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and                                                                                                                 (9)  Procedures for regularly evaluating the effectiveness of the program.

Issued

Nov 14, 2013

Abate by

Dec 19, 2013

Penalty

Initial $1,020 · Current $510 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:    (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: On and before 8/21/13, the employer did not provide a method of guarding the mixers in the shell room.  This condition exposed the employee to rotating parts.

Issued

Nov 14, 2013

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 which includes a reasonable estimate of employee exposures to respiratory hazards:  (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: On and before 8/21/13, the employer did not identify and evaluate the respiratory hazard in the workplace associated with employees conducting molding operations.   The employees use a product that contains methylene bisphenyl isocyanate (MDI).  This condition potentially exposed employees to respiratory hazard associated with MDI.

Issued

Nov 14, 2013

Abate by

Dec 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(4)(iii): An evaluation of each powered industrial truck operators performance was not conducted at least once every 3 years:     (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: On and before 8/21/13, an evaluation of each powered industrial truck operators performance was not conducted at least once every 3 years.  Employees operate a Komatsu forklift to move sculptures.

Issued

Nov 14, 2013

Abate by

Dec 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(6):  Employer did not certify that each operator has been trained and evaluated as required by paragraph (l) of this standard:  (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: On and before 8/21/13, the employer did not certify that the forklift operators had been trained and evaluated as required by 29 CFR 1910.178(l) in the topics as outlined in 29 CFR 1910.178(l)(3).  Employees operate a Komatsu forklift to move sculptures.   Abatement note: The certification shall include:     (a)  The name of the operator;  (b)  The date of the training;  (c)  The date of the evaluation; and,  (d)  The identity of the person(s) performing the training and evaluation.

Issued

Nov 14, 2013

Abate by

Dec 4, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):  Employees were not provided with effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new physical or health hazard that the employees have not been previously trained about was introduced into their work area:  (a) Lands End Sculpture Center, Inc., 833 Hwy 133, Paonia, CO: On and before 8/21/13, the employer did not provide effective information and training to employees on the physical and health hazards associated with chemicals including, but not limited to, methylene bisphenyl isocyanate (MDI).  This condition potentially exposes employees to chemical and physical hazards associated with the hazardous chemicals.