OSHA Inspection: HARTIN PAINT & FILLER CORP.

Issued

Mar 7, 2014

Abate by

Mar 21, 2014

Penalty

Initial $1,800 · Current $1,440 Reduced

General-duty citation text

29 CFR 1910.106(b)(2)(vii)(c)(6): No loose combustible material, empty or full drum or barrel, shall be permitted within the diked area.     a) Workplace at 219 Broad St. Carlstadt, NJ:  The diked area of the 6000 gallon above ground storage tank contains combustible material such as, but not limited to, plastic pallets, on or about 09/11/13.

Issued

Mar 7, 2014

Abate by

Apr 2, 2014

Penalty

Initial $1,800 · Current $1,440 Reduced

General-duty citation text

29 CFR 1910.106(b)(2)(viii)(f): Filling and emptying connections which are made and broken shall be located outside of buildings at a location free from any source of ignition and not less than 5 feet away from any building opening. Such connection shall be closed and liquidtight when not in use. The connection shall be properly identified.      a) Workplace at 219 Broad St. Carlstadt, NJ:  The filling connections of the 6000 gallon above ground solvent storage tank are not properly identified, on or about 09/11/13.

Issued

Mar 7, 2014

Abate by

Apr 2, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(e)(5)(iii): "Special extinguishers." Special extinguishing equipment such as that utilizing foam, inert gas, or dry chemical shall be provided as the need is indicated by the special hazards of operation dispensing and storage.   a) Workplace at 219 Broad St. Carlstadt, NJ:  Special extinguishing equipment such as, but not limited to, foam or dry chemical, was not present during loading category 2 flammables into a 6000 gallon above ground storage tank, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $7,000 · Current $5,600 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) Workplace at 219 Broad St. Carlstadt, NJ: The employer did not evaluate or determine if any spaces were permit required spaces prior to allowing employees to make an entry to measure liquid toluene level in a 2000 gallon above ground storage tank, on or about 09/11/13.

Issued

Mar 7, 2014

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) Workplace at 219 Broad St. Carlstadt, NJ: The employer permitted its employees to enter a permit required confined space to measure liquid toluene level in a 2000 gallon above ground storage tank but did not warn them of the danger of the space by posting signs, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:   a)  Workplace at 219 Broad St. Carlstadt, NJ: The employer did not develop and implement a written permit required confined space program for employees who enter permit confined spaces such as, but not limited to, 2000 gallon toluene tank, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(5)(ii)(D): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but there was a hazardous atmosphere within the space while an employee was inside the space  a) Workplace at 219 Broad St. Carlstadt, NJ:  A batch maker died of toluene intoxication while taking the solvent level measurement inside a 2000 gallon toluene tank, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:   a) Workplace at 219 Broad St. Carlstadt, NJ: The employer did not identify and evaluate hazards of permit spaces prior to an employee entering a toluene storage tank, thus exposing employee to an asphyxiation hazard, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(3)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including specifying acceptable entry conditions;   a)  Workplace at 219 Broad St. Carlstadt, NJ: The employer did not develop and implement procedures for safe entry prior to an employee entering a toluene storage tank, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(3)(iv): Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards;  a)  Workplace at 219 Broad St. Carlstadt, NJ: The employer did not inert or ventilate atmosphere in toluene tank prior to an employee entry, thus exposing employee to an asphyxiation hazard, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(3)(vi): Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry.   a) Workplace at 219 Broad St. Carlstadt, NJ:  A batch maker died of toluene intoxication while taking the solvent level measurement inside a 2000 gallon tank.  The employer did not verify that the conditions inside the tank are acceptable for entry, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(6): The employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:   a) Workplace at 219 Broad St. Carlstadt, NJ:  The employer did not provide an attendant when an employee entered a toluene storage tank, thus exposing employee to asphyxiation hazard, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized personnel from attempting a rescue:   a)  Workplace at 219 Broad St. Carlstadt, NJ:  The employer did not develop and implement rescue procedures prior to an employee entering toluene storage tank, thus exposing employee to an asphyxiation hazard, on or about 09/11/13.

Issued

Mar 7, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(2): Training shall be provided to each affected employee:   a) Workplace at 219 Broad St. Carlstadt, NJ:  The employer did not provide adequate training to ensure safe performance prior to employees entering confined space such as, but not limited, toluene storage tank, thus exposing employees to an asphyxiation hazard, on or about 09/11/13.

Issued

Mar 7, 2014

Abate by

Apr 23, 2014

Penalty

Initial $7,000 · Current $5,600 Reduced

General-duty citation text

29 CFR 1910.1000(a)(1): Employee(s) were exposed to an airborne concentration of Toluene listed in Table Z-1 in excess of the ceiling concentration of 300 ppm:      a) Workplace at 219 Broad St. Carlstadt, NJ: An employee died from acute toluene intoxication while measuring the level of the chemical inside a 2000 gallon above ground storage tank.  The employee was exposed to an estimated Toluene level of 45,697 ppm which is in excess of the OSHA ceiling value of 300 ppm, on or about 09/11/13.

Issued

Mar 7, 2014

Abate by

Apr 23, 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) Workplace at 219 Broad St. Carlstadt, NJ: An employee died from acute toluene intoxication while measuring the level of the chemical inside a 2000 gallon above ground storage tank.  The employee was exposed to an estimated Toluene level of 45,697 ppm which is more than 152 times the OSHA ceiling value of 300 ppm.  Engineering controls such as but not limited to, ventilation, was not provided, on or about 09/11/13.

Issued

Mar 7, 2014

Abate by

May 23, 2014

Penalty

Initial $0 · Current $0

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) Workplace at 219 Broad St. Carlstadt, NJ: An employee died of Toluene intoxication while measuring the level of the chemical inside a 2000 gallon above ground storage tank.  The employee was exposed to an estimated Toluene level of 45,697 ppm which is in excess of the OSHA ceiling value of 300 ppm. The employee did not wear a respirator and a respiratory protection program was not established, on or about 09/11/13.