OSHA Inspection: LANDFILL ENERGY SYSTEMS

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $4500.00 · Current $2250.00 Reduced

General-duty citation text

29 CFR 1910.23(c)(1): Open-sided floors and/or platforms four feet or more above adjacent floor or ground level were not guarded with standard railings (or equivalent) and toeboards: Note:  Toeboards are only required when persons can pass, there is moving equipment or there is equipment with which falling materials could create a hazard.    a.) Hyland Landfill Gas to Energy Facility - On or about and prior to 6/24/14, employees access the rooftop to perform maintenance work on the combustion air ducts and check ventilation fans located from approximately 4'2" to 7'11' from the edge of the roof, which is approximately 20 feet above the ground level.  The employer did not guarded with standard railings (or equivalent).                 ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Penalty

Initial $5400.00 · Current $2700.00 Reduced

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:    a.) Hyland Landfill Gas to Energy Facility - On or about 7/17/14, an employee performing routine maintenance and a turbo repair/replacement was exposed to continuous noise at 442% of the permissible daily noise exposure (8-hr time-weighted average of 90 dBA) or an equivalent sound level of 102.5 dBA during the 373 minute sampling period; exposure calculations included a zero increment for the 107 minutes not sampled.  When information indicated that employee's exposure exceeded the 8-hr time-weighted average of 85 dBA, the employer did not develop and implement a monitoring program.    b.) Hyland Landfill Gas to Energy Facility - On or about 7/17/14, an employee performing routine maintenance and a turbo repair/replacement was exposed to continuous noise at 444% of the permissible daily exposure (8-hr time-weighted average of 90 dBA) or an equivalent sound level of 102.7 dBA during the 376 minute sampling period; exposure calculations included a zero increment for the 104 minutes not sampled.  When information indicated that employee's exposure exceeded the 8-hr time-weighted average of 85 dBA, the employer did not develop and implement a monitoring program.      NO ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-09-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(e): The employer did not notify each employee exposed at or above an 8-hour time-weighted average of 85 decibels of the results of the monitoring:  a.) Hyland Landfill Gas to Energy Plant - On or about 7/17/14 and prior, employees performing routine maintenance and a turbo repair/replacement was exposed to continuous noise at 442% of the permissible daily noise exposure (8-hr time-weighted average of 90 dBA) or an equivalent sound level of 102.5 dBA during the 373 minute sampling period; exposure calculations included a zero increment for the 107 minutes not sampled. The employer did not notify each employee exposed at or above an 8-hr time-weighted average of 85 decibels of the results of the monitoring.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(g)(6): At least annually after obtaining the baseline audiogram, the employer did not obtain a new audiogram for each employee exposed at or above an 8-hour time-weighted average of 85 decibels :  a.) Hyland Landfill Gas to Energy facility - On or about 7/17/14 and prior, an employee of the facility had audiometric testing performed on 12/26/2012, and did not receive a new audiogram until 7/17/14.  The employer did not obtain a new audiogram for each employee exposed at or above an 8-hr time-weighted average of 85 dBA, at least annually.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(m)(2)(ii)(E): The employee audiometric test records did not include the employee's most recent noise exposure assessment:  On or about 7/17/14, prior and on-going, the employee audiograms did not include any information regarding employee noise exposure.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $3600.00 · Current $1800.00 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):    a) Hyland Landfill Gas to Energy Facility - On or about 6/24/14, prior to and on-going, employees have been provided and voluntarily use half face elastomeric respiratory protection during certain operations, such as, but not limited to the cleanout of sediment from the landfill gas tubes.  The employer has not assessed the workplace to determine if employees are exposed to hazards such as exposed to methane, hydrogen sulfide and other landfill gases, which would necessitate the use of respiratory protection.       ABATEMENT CERTICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and, which identifies the document as a certification of hazard assessment:  a.) Hyland Landfill Gas to Energy facility - On or about 6/24/14, prior to and on-going, employees perform a variety of tasks and operations which exposed them to a variety of hazards including, but not limited to: electrical arc flash; exposure to 'live' landfill gas; falls from 7 to 20 feet while working at heights; and, noise levels of up to 102+ dBA as an 8-hr time-weighted average.  The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed; the date(s) of the hazard assessment(s); and, which identifies the document as a certification of hazard assessment.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-16 00:00:00

Penalty

Initial $2700.00 · Current $1350.00 Reduced

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.) Hyland Landfill Gas to Energy Plant- On or about 7/17/14, before and on-going, the employer had not provided to operators, who voluntarily wear half-face Moldex elastomeric respirators for such operations as, but not necessarily limited to, cleaning sediment from the landfill gas tubes, the information contained in Appendix D, when the employer determined that any voluntary respirator use was permissible.    ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:  a) Hyland Landfill Gas to Energy Facility - On or about 7/17/14, prior and on-going, employees voluntarily wear half face elastomeric respirators for several operations, including but not necessarily limited to cleaning landfill gas tubes (scrubber room) and cleaning/grinding debris on heads and cylinders.  These tasks are done on an as needed basis or up to 4 or more times per year.  The employer did not establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness:  a) Hyland Landfill Gas to Energy Plant - On or about 7/17/14 prior to and continuing, employees voluntarily wear half face elastomeric respirators for tasks such as but not necessarily limited to cleaning and grinding the heads and cylinders and cleaning the sediment from the gas tubes.  The employer has not designated a qualified program administrator to oversee the respiratory protection program and to conduct the required evaluations of the program.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $2700.00 · Current $1350.00 Reduced

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:    a) Hyland Landfill Gas to Energy Plant - On or about 7/17/14, prior and on-going, multiple times throughout the year employees wear and have voluntarily worn half face elastomeric respirators to clean/grind debris from the heads and cylinders and/or to clean sediment from the gas tubes.  The employer has not provided a medical evaluation to determine the employee's ability to use a respirator.    ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $2700.00 · Current $1350.00 Reduced

General-duty citation text

29 CFR 1910.134(k)(1)(ii): The employer did not ensure that each employee could demonstrate knowledge of the limitations and capabilities of the respirator:    a) Hyland Landfill Gas to Energy Plant - On or about 7/17/14 prior to and on-going.  Employees voluntarily wear elastomeric respirators while performing tasks such as, but not limited to, cleaning the landfill gas tubes (exposure to live landfill gas).  The gas contains chemicals such as methane and hydrogen sulfide in unknown concentrations, for which a regular elastomeric respirator is not advised.  The employer did not ensure that each employee could demonstrate knowledge of the limitations and capabilities of the respirator.    ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(3): The employer shall provide the training prior to requiring the employee to use a respirator in the workplace.  a.) Hyland Landfill Gas to Energy Plant - On or about 7/17/14 prior to and on-going, the employer provided half face elastomeric respirators to employees for voluntary use during such task as, but not limited to , cleaning and grinding the head and cylinders and cleaning the sediment from the landfill gas tubes.  The employer has not provided the required training to the employees prior to the employees using a respirator in the workplace.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-09-04 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1904.7(b)(3): The employer did not correctly classify the following work-related injuries or illnesses on the OSHA Form 300 or equivalent.   a.) Hyland Landfill Gas to Energy Plant - On or about 10/23/12, an operator sustained a cut that led to blood poisoning and a subsequent overnight hospital stay.  The injury was recorded as an "other than recordable" case.  The employer did not correctly classify the work-related injury.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-09-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1904.29(b)(1): 29 CFR 1904.29(b)(1): A log of all recordable work-related injuries and illnesses (OSHA Form 300 or equivalent) was not completed in the detail required by the regulation:  a.) Hyland Landfill Gas to Energy facility - on or about 7/17/14 prior and on-going, a log of all recordable work-related injuries and illnesses (OSHA Form 300) or equivalent) was not completed in the detail required by the regulation.  The employer had no OSHA 300 log for the year 2013.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-09-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(l)(1): The employer did not make available to affected employees or their representatives copies of 29 CFR 1910.95 and did not post a copy in the workplace:  a.) Hyland Landfill Gas to Energy facility - On or about 6/24/14, the employer had not posted or made available a copy of the Hearing Conservation/Occupational Noise standard for the employees.  ABATEMENT CERTIFICATION REQUIRED

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $7200.00 · Current $3600.00 Reduced

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:    a.) Hyland Landfill Gas to Energy facility - On or about 7/17/14, an employee working in the engine room performing preventative, routine maintenance and a turbo repair/replacement, was exposed to continuous noise levels at 442% of the permissible daily noise exposure (8-hour Time-weighted average sound level of 90 dBA) or an equivalent sound level of 102.5 dBA during the 373 minute sampling period; exposure calculations included a zero increment for the 107 minutes not sampled.  The employer did not train each employee who was exposed to noise at or above the 8-hr time-weighted average of 85 dBA in accordance to the requirements of 29 CFR 1910.95(k).    b.) Hyland Landfill Gas to Energy facility - On or about 7/17/14, an employee working in the engine room performing preventative, routine maintenance and a turbo repair/replacement, was exposed to continuous noise levels at 445% of the permissible daily noise exposure (8-hour Time-weighted average sound level of 90 dBA) or an equivalent sound level of 102.5 dBA during the 376 minute sampling period; exposure calculations included a zero increment for the 104 minutes not sampled.  The employer did not train each employee who was exposed to noise at or above the 8-hr time-weighted average of 85 dBA in accordance to the requirements of 29 CFR 1910.95(k).    ABATEMENT CERTIFICATION REQUIRED    Innovative Energy Systems (now Landfill Energy Systems) was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.95(k)(3)(ii) and 29 CFR 1910.95(k)(3)(iii), which was contained in OSHA inspection number 313758724, citation number 1, item numbers 1b and 1 c and was affirmed as a final order on 8/6/2010, with respect to a workplace located at Morrisonville, NY.

Issued

2014-08-28 00:00:00

Abate by

2014-10-03 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(k)(3)(ii): The employer did not ensure that each employee was informed of the purpose of hearing protectors, the advantages, disadvantages, and attenuation of various types, and instructions on selection, fitting, use and care:  a.) Hyland Landfill Gas to Energy facility - On or about 7/17/14 and prior, employees working in the engine room are exposed to noise levels of 102.5 dBA, as an 8-hour time-weighted average.  The employer had not ensured that the employees were informed of the purpose of hearing protection, the advantages, disadvantages, and attenuation of various types, and instructions on selection, fitting, use and care.  ABATEMENT CERTIFICATION REQUIRED