OSHA Inspection: WATERS OF AMERICA, LLC

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $3,500 · Current $3,500

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:  a. Employees that were exposed to ozone during ozonation and water bottling, and were provided with a single use, disposable respirator applicable for dust and the disposable respirator with organic charcoal media for nuisance levels of ozone, were not provided Appendix D of the respirator standard or similar training.  Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:  a. Employees that were exposed to ozone during ozonation and water bottling, were provided with a single use, disposable respirator applicable for dust and the disposable respirator with organic charcoal media for nuisance levels of ozone which were not appropriate for exposure to ozone. The dust respirator was not applicable for ozone, and the charcoal media respirator, where exposure potentially exceeded the permissible exposure limit (PEL) of 0.1 ppm, was not appropriate.  Neither respirator was approved by NIOSH for potential exposure to ozone or for levels that exceeded the PEL.  Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(ii): The employer did not select and use a NIOSH-certified respirator in compliance with the conditions of its certification:  a. Employees that were exposed to ozone during ozonation and water bottling, were provided with a single use, disposable respirator applicable for dust and the single use, disposable respirator with organic charcoal media for nuisance levels of ozone, not approved by NIOSH for ozone exposure.   Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

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; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  a.  A reasonable estimate of employee exposure to ozone was not made in order to determine controls to reduce exposure.  Monitoring levels of ozone since 2011 indicated potential exposure exceeding the OSHA permissible exposure limit (PEL) of 0.1 ppm.  Single use, disposable respirators, one not appropriate for ozone exposure (dust respirator) and the other for exposure potentially exceeding the PEL (organic charcoal respirator) had been provided to employees.  Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(2)(i): When there was a change in the work area, conditions, or degree of employee exposure or stress that may effect respirator effectiveness, the employer did not reevaluate the continued effectiveness of the respirator:  a.  Where the employer had collected exposure records with instrument monitoring indicating increased exposure to ozone, potentially exceeding the permissible exposure level (PEL) of 0.1 ppm, an evaluation of the correct type of respirator for ozone exposure was not made.  Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $2,100 · Current $2,100

General-duty citation text

29 CFR 1910.1020(g)(1)(i): Upon first entering into employment, and/or at least annually thereafter, the employer did not inform current employees of the existence, location, and availability of any records covered by 29 CFR 1910.1020:  a.  Employees had not been informed of their right to access and the existence of exposure records, such as, but not limited to, monitoring of ozone that had been made since 2011.  (Definition of exposure records is found at 1910.1020(c)(5) and employee medical records at 1910.1020(c)(6).)  Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1020(g)(1)(iii): Employees were not informed upon first entering into employment and/or at least annually thereafter of their right to access their medical and/or exposure records:  a.  Employees had not been informed of their right to access and the existence of exposure records, such as, but not limited to, monitoring of ozone that had been made since 2011.  (Definition of exposure records is found at 1910.1020(c)(5) and employee medical records at 1910.1020(c)(6).)  Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The written hazard communication program did not include a list of the hazardous chemicals known to be present, using an identity that was referenced on the appropriate material safety data sheet:  a. The employer's Hazard Communication Program list of hazardous chemicals did not include ozone or sanitation chemicals, such as Perclean, Fisan, and Circhlor.  Abatement documentation is required for this violation.

Issued

Dec 6, 2013

Abate by

Jan 27, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:  a. Hazard communication training did not include the health hazards of ozone for those potentially exposed.   Abatement documentation is required for this violation.