OSHA Inspection: ESPERANZA UNIDA, INC.

Issued

Jun 17, 2014

Abate by

Aug 4, 2014

Penalty

Initial $340 · Current $340

General-duty citation text

29 CFR 1903.19(c)(1): The employer did not certify to OSHA, within 10 calendar days after the abatement date, that the cited violation had been abated:  (a)  Esperanza Unida, Inc. did not provide certification on each of the cited items:   Citation 1 Item 1: The employer did not develop or implement a written hazard communication program for employees handling hazardous chemicals.   Citation 1 Item 2: Chemical containers in the first floor storage room were not labeled with appropriate hazard warnings.  Citation 1 Item 3: Material Safety Data Sheets were not maintained and made accessible to workers who used these chemicals.   Citation 1 Item 4: Workers who performed cleaning and painting were not provided training on hazard communication.   Citation 1 Item 5: Training had not been provided regarding the new hazard communication label elements and safety data sheet format.

Issued

Mar 20, 2014

Abate by

May 6, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): 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) For workers handling hazardous chemicals, which included the workers that performing cleaning in various locations within the building and a worker that intermittently did painting, the employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:   1) Requirement for labeling of containers of hazardous chemicals;  2) Material safety data sheet availability;  3) Training of employees;  4) A complete list of hazardous chemicals known to be in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.   Workers were potentially exposed to a variety of cleaning chemicals that were applied by spray bottles.  For example, Pine-Sol and Zep Commercial Streak-Free Glass Cleaner were applied by spray bottles and both of these products could cause eye irritation.   Regarding the paint products that were applied by roller or brush, these included, for example, Dutch Boy Dura Clean Semi-Gloss, which could cause (depending on circumstances of exposure) irritation to the eyes, skin, and respiratory system.

Issued

Mar 20, 2014

Abate by

Apr 15, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(5): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged, or marked with the identity and appropriate hazard warnings regarding the chemicals contained therein:    (a) In the 1st floor storage room where various paints and primers were stored, there was a five gallon container which was not labeled with its identity and appropriate hazard warning information.    (b) In the 1st floor storage room where various paints and primers were stored, there was a 1 gallon container that was labeled "Int. Latex", but was not labeled with appropriate hazard warnings.

Issued

Mar 20, 2014

Abate by

May 6, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that material safety data sheets were readily accessible to the employees in their work area during each work shift:   (a) Material safety data sheets (MSDS) for the various cleaning chemicals and paints/primers used at this workplace were not maintained and made accessible to workers that used these chemicals.     Workers were potentially exposed to a variety of cleaning chemicals that were applied by spray bottles.  For example, Pine-Sol and Zep Commercial Streak-Free Glass Cleaner were applied by spray bottles and both of these products could cause eye irritation.   Regarding the paint products that were applied by roller or brush, these included, for example, Dutch Boy Dura Clean Semi-Gloss, which could cause (depending on circumstances of exposure) irritation to the eyes, skin and respiratory system.

Issued

Mar 20, 2014

Abate by

May 6, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:   (a) For the workers that performed cleaning in various locations within the building and a worker that intermittently did painting, the employer did not provide information and training in accordance with 29 CFR 1910.1200(h)(1) that covered at least the following:   1) An overview or summary of OSHA's Hazard Communication standard;    2) Operations in work area(s) where hazard chemicals were present;    3) Location and availability of the company's written hazard communication program, including the list of chemicals and material safety data sheets;  4) A complete list of hazardous chemicals known to be in the workplace;    5) How workers can detect the presence of hazardous chemicals in the workplace (e.g., by sight or smell, or other means);  6) The physical and health hazards of the chemicals in the work area;    7) Precautions workers can take to protect themselves from these hazards: safe work practices, emergency procedures to follow (e.g., if a spill occurred or if an exposure incident occurred requiring 1st aid or medical treatment),  and use of personal protective equipment.     Workers were potentially exposed to a variety of cleaning chemicals that were applied by spray bottles.  For example, Pine-Sol and Zep Commercial Streak-Free Glass Cleaner were applied by spray bottles and both of these products could cause eye irritation.   Regarding the paint products that were applied by roller or brush, these included, for example, Dutch Boy Dura Clean Semi-Gloss, which could cause (depending on circumstances of exposure) irritation to the eyes, skin, and respiratory tract.

Issued

Mar 20, 2014

Abate by

May 6, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(iv):   The employer did not train employees regarding the details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employee could obtain and use the appropriate hazard information:   (a) Workers were potentially exposed to a variety of cleaning chemicals that were applied by spray bottles.  For example, Pine-Sol and Zep Commercial Streak-Free Glass Cleaner used in spray bottles and both of these products could cause eye irritation.  Also a worker intermittently used paints and primer, which could cause irritation to the skin, eyes, and respiratory system.  However, training had not been provided regarding the new label elements (product identifier, signal word, pictograms, hazard statements, and precautionary requirements) and new safety data sheet (SDS) format.