OSHA Inspection: BARKLY MANOR

Issued

Mar 21, 2014

Abate by

Jun 25, 2014

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.95(c)(1): The employer shall administer a continuing, effective hearing conservation program, as described in paragraphs (c) through (o) of this section, whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels measured on the A scale (slow response) or, equivalently, a dose of fifty percent. For purposes of the hearing conservation program, employee noise exposures shall be computed in accordance with appendix A and Table G-16a, and without regard to any attenuation provided by the use of personal protective equipment.    (a)  Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On and before 10/30/14, 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.  Employee A was exposed to an average sound level of 91.5 dB­A, which corresponds to a dose of 98.6%.  This condition exposed employees to the hazard of noise induced hearing loss.    (b)  Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On and before 10/30/14, 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.  Employee B was exposed to an average sound level of 88.7 dB­A, which corresponds to a dose of 72.3%.  This condition exposed employees to the hazard of noise induced hearing loss.    (c)  Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On and before 10/30/14, 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.  Employee C was exposed to an average sound level of 89.6 dB­A, which corresponds to a dose of 81.9%.  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

Mar 21, 2014

Abate by

Apr 25, 2014

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall:  (a) Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On and before 10/30/13, the employer did not assess the workplace to determine if hazards were present, or likely to be present, which necessitate the use of PPE.  The employer did not determine if  hand, eye, and/or face protection were required when working with hazardous cleaning chemicals and when requiring employees to manage aggressive dogs.    Abatement note: The employer shall verify that the required workplace hazard assessment has been performed through a written certification that shall include the following:          (1) Identifies the workplace evaluated;       (2) The person certifying that the evaluation has been performed;       (3) The date(s) that the hazard assessment was performed; and       (4) Which identifies the document as a certification of hazard assessment.

Issued

Mar 21, 2014

Abate by

Apr 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a): General requirements. Employers shall select and require employees to use appropriate hand protection when employees' hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes.  (a) Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220:  On or before 10/30/13, employees are required to be in close proximity to approximately 30 dogs within a fenced in area.  Employees are required to break up dog fights which may pose employees to cuts, punctures and lacerations from dog bites.   (b)  Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220:  On or before 10/30/13, employees are required to use cleaning chemicals (HDQ Neutral, ECO-Lyzer) when cleaning the doggy day care facility.  These chemicals are purchased in concentrate form and are considered hazardous to body tissues.  Employees transfer the concentrate chemical from a 5 gal bucket to secondary containers.  Use of these chemicals may expose employees to chemical skin burns, when handling the concentrated form of the chemicals.

Issued

Mar 21, 2014

Abate by

Apr 25, 2014

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.304(g)(5): Grounding path. The path to ground from circuits, equipment, and enclosures shall be permanent, continuous, and effective.   (a) Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On or before 10/30/13, the employer did not ensure that the path to ground for circuits and equipment was continuous and effective for the vacuum cleaner.  The vacuum cleaner was missing the grounding pin on the flexible electrical cord.  This condition exposed employees to electrical shock hazards.

Issued

Mar 21, 2014

Abate by

Apr 25, 2014

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.305(a)(2)(ix): All lamps for general illumination shall be protected from accidental contact or breakage by a suitable fixture or lampholder with a guard.       (a) Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On and before 10/30/13, the employer did not ensure that the fluorecent lamps in the indoor dog play area were protected from contact or breakage.  The lights were less than 7 feet above the floor and the lamps did not have a cover to protect them from breaking.  This condition exposed the employees to electrical shock hazards.

Issued

Mar 21, 2014

Abate by

May 27, 2014

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:     (a)  Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On and before 10/30/13, the employer did not develop, implement, and maintain at the workplace a site specific written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met.  The employer utilizes products such as, but not limited to, HDQ Neutral.       Abatement note:  The written hazard communication program will also include:      (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate material safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,      (2) The methods the employer will use to inform employees of the hazards of non-routine tasks.

Issued

Mar 21, 2014

Abate by

Apr 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)  (a) Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220:  On and before 10/30/13, the employer did not maintain safety data sheets for each hazardous chemical used in the workplace.  Employees use chemicals such as, but not limited to, HDQ Neutral and Consume ECO-Lyzer.  This condition exposed employees to a chemical hazard.

Issued

Mar 21, 2014

Abate by

May 25, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employers shall provide employees 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 the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and material safety data sheets.  (a) Barkly Manor, at 5010 E. Colfax Ave., Denver, CO 80220: On and before 10/30/13, the employer did not ensure that employees were provided effective information and training as specified in 29 CFR 1910.1200(h) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area.  Employees worked with chemicals during cleaning operations.  The employer had not provided hazard communication training for chemicals such as but not limited to HDQ Neutral and Consume ECO-Lyzer.