OSHA Inspection: RINK'S GUN & SPORT

Issued

Aug 29, 2014

Abate by

Nov 30, 2014

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable:    On or about July 9, 2014, in the facility, an employee required to wear a half-mask, air-purifying respirator when cleaning inside the gun range was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.     The employer did not establish and implement a written respiratory protection program with worksite-specific procedures.

Issued

Aug 29, 2014

Abate by

Nov 30, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1): The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.    On or about July 9, 2014, in the facility, an employee required to wear a half-mask, air-purifying respirator when cleaning inside the gun range was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.    The employer did not provide a medical evaluation to determine the employee's ability to use a respirator before the employee was required to use the respirator in the workplace.

Issued

Aug 29, 2014

Abate by

Nov 30, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter:    On or about July 9, 2014, in the facility, an employee required to wear a half-mask, air-purifying respirator when cleaning inside the gun range was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.      The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to the initial use of the respirator and at least annually thereafter.

Issued

Aug 29, 2014

Abate by

Nov 30, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): The employer shall not permit respirators with tight-fitting facepieces to be worn by employees who have facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function:    On or about July 9, 2014, in the facility, an employee with facial hair and required by the employer to wear a half-mask, air-purifying respirator when cleaning inside the gun range was exposed to lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.      The employer permitted respirators with tight-fitting facepieces to be worn by employees who have facial hair that comes between the sealing surface of the facepiece and the face.

Issued

Aug 29, 2014

Abate by

Nov 30, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): This paragraph requires the employer to provide effective training to employees who are required to use respirators.  The employer shall ensure that each employee can demonstrate knowledge of at least the following:    (i) Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator;  (ii) What the limitations and capabilities of the respirator are;  (iii) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;  (iv) How to inspect, put on and remove, use, and check the seals of the respirator;  (v) What the procedures are for maintenance and storage of the respirator;  (vi) How to recognize medical signs and symptoms that may limit or prevent the effective use of the respirators; and  (Vii) The general requirements of this section.    On or about July 9, 2014, in the facility, an employee required to wear a half-mask, air-purifying respirator when cleaning inside the gun range was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.      The employer did not ensure that each employee was provided with the required training.

Issued

Aug 29, 2014

Abate by

Jan 14, 2016

Penalty

Initial $2,400 · Current $1,200 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(c)(1): The employer shall assure that no employee is exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m(3)) averaged over an 8-hour period (8-hr TWA):    a. On or about July 9, 2014, in the facility, an employee required to perform sales and gun range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.    The employer did not assure that no employee was exposed to lead at concentrations greater than fifty micrograms per cubic meter of air (50 ug/m3) averaged over an 8-hour period (8-hr TWA).

Issued

Aug 29, 2014

Abate by

Jan 14, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(1): Feasible engineering and work practice controls (including administrative controls) were not implemented to reduce employee exposure to or below the permissible exposure limit:  On or about July 9, 2014, in the facility, an employee required to perform gun sales and range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.    Feasible engineering and work practice controls (including administrative controls) were not implemented to reduce employee exposure to or below the permissible exposure limit.  General methods of control that may be applicable to the process include, but are not limited to, the following:  1. Evaluate the efficiency of the existing supply air and exhaust ventilation system servicing the indoor shooting range.  Airflow along the firing line should be no more than 75 fpm with a minimum acceptable flow of 50 fpm (NIOSH 1976).  The exhaust system should be designed to provide minimum duct air velocities of 2500-3000 fpm (Industrial Ventilation Manual, 24th Edition, Table 3-2) [ACGIH 2004].  2. Use jacketed or non-lead bullets.  Abatement normally will be multistep as follows:  STEP 1: Effective respiratory protection in accordance with 29 CFR 1910.134 shall be provided and used by exposed employees as an interim protection measure until feasible engineering and/or administrative controls can be implemented, or whenever such controls fail to reduce employee exposure to within permissible exposure limits.  Abatement period: 30 days  STEP 2: Submit to the Area Director, a written detailed plan of abatement outlining a schedule for the implementation of engineering measures to control employee exposure to lead.  This plan shall include, at a minimum, target dates for the following actions which must be consistent with the abatement dates required by this citation:  1. Evaluation of engineering control options; 2. Selection of optimum control methods and completion design; 3. Procurement, installation, and operation of selected control measures; 4. Testing and acceptable or modification/redesign of controls.  All proposed control measures shall be approved for each particular use by a competent Industrial Hygienist or other technically qualified person.  Abatement Period: 60 days  STEP 3: Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.  Abatement Period: 90 days

Issued

Aug 29, 2014

Abate by

Jan 14, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3)(i): Each employer shall establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls:    On or about July 9, 2014, in the facility, an employee required to perform sales and gun range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.      The employer did not establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, and interim levels if applicable, solely by means of engineering and work practice controls.

Issued

Aug 29, 2014

Abate by

Jan 14, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(4)(i): When ventilation is used to control exposure, measurements which demonstrate the effectiveness of the system in controlling exposure, such as capture velocity, duct velocity, or static pressure shall be made at least every 3 months. Measurements of the system's effectiveness in controlling exposure shall be made within 5 days of any change in production, process, or control which might result in a change in employee exposure to lead:  On or about July 9, 2014, in the facility, an employee required to perform sales and gun range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.   Measurements which demonstrate the effectiveness of the available ventilation system in controlling exposure were not made at least every 3 months.

Issued

Aug 29, 2014

Abate by

Jan 14, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(h)(1): Surfaces. All surfaces shall be maintained as free as practicable of accumulations of lead:    On or about July 9, 2014, in the facility, an employee required to perform sales and gun range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.    All surfaces were not maintained as free as practicable of accumulations of lead as indicated by results of surface wipe samples:    a. Glass Counter-Top: 118 micrograms  b. Glass Counter-Top: 107 micrograms  c. Corner Counter-Top: 57 micrograms  d. Office Desk-top: 31 micrograms

Issued

Aug 29, 2014

Abate by

Jan 14, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(2)(i): The employer shall provide clean change rooms for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators:    On or about July 9, 2014, in the facility, an employee required to perform sales and gun range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.    The employer did not provide clean change rooms for employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators.

Issued

Aug 29, 2014

Abate by

Jan 14, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(3)(i): The employer shall assure that employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift:    On or about July 9, 2014, in the facility, an employee required to perform sales and gun range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.    The employer did not assure that employees who work in areas where their airborne exposure to lead is above the PEL, without regard to the use of respirators, shower at the end of the work shift.

Issued

Aug 29, 2014

Abate by

Nov 30, 2014

Penalty

Initial $2,400 · Current $1,200 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(1)(i): The employer shall institute a medical surveillance program for all employees who are or may be exposed to lead at or above the action level of 30 micrograms per cubic meter of air (30 ug/m3), averaged over an 8-hour period, for more than 30 days per year:    On or about July 9, 2014, in the facility, an employee required to perform sales and gun range cleaning was exposed to airborne lead at an 8-hour time-weighted average level of 95 micrograms per cubic meter of air, approximately 1.9 times the permissible exposure limit of 50 micrograms per cubic meter of air (8-hr TWA) during a 217 minute sampling period.  Zero exposure assumed for the 263 minutes not sampled.     The employer did not institute a medical surveillance program for all employees who were exposed to lead at or above the action level for more than 30 days per year.