OSHA Inspection: PERFORMANCE MINERALS CORPORATION

Issued

Sep 10, 2014

Abate by

Feb 2, 2015

Penalty

Initial $2,000 · Current $1,200 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(c)(1): 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:       a) Main building laborer - an employee was exposed to continuous noise levels at 98% of the allowable 8-hr time-weighted average level (TWA) or an equivalent level of approximately 89.8dBA. The sampling was conducted for 453 minutes during one shift on August 7, 2014. Zero exposure is assumed for the unsampled time of 27 minutes.    b) Main building laborer - an employee was exposed to continuous noise levels at 74% of the allowable 8-hr time-weighted average level (TWA) or an equivalent level of approximately 87.8dBA. The sampling was conducted for 425 minutes during one shift on August 7, 2014. Zero exposure is assumed for the unsampled time of 55 minutes.

Issued

Sep 10, 2014

Abate by

Feb 2, 2015

Penalty

Initial $2,800 · Current $1,680 Reduced

Hazardous substances 9135

General-duty citation text

29 CFR 1910.1000(c): Employee(s) were exposed to Particulates Not Otherwise Regulated (Total Dust) in excess of the 8-hour time-weighted average limit of 15 mg/m3 listed in Table Z-3:    (a) On or about July 30, 2014 - Main Building, an employee was exposed to an 8-hour time-weighted average of 22.96 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.5 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 424 minutes during one shift on August 7, 2014.    (b) On or about July 30, 2014 - Mixing Building, an employee was exposed to an 8-hour time-weighted average of 19.57 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.3 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 427 minutes during one shift on August 7, 2014.

Issued

Sep 10, 2014

Abate by

Feb 2, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9135

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):    (a) On or about July 30, 2014 - Main Building, an employee was exposed to an 8-hour time-weighted average of 22.96 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.5 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 424 minutes during one shift on August 7, 2014.    (b) On or about July 30, 2014 - Mixing Building, an employee was exposed to an 8-hour time-weighted average of 19.57 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.3 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 427 minutes during one shift on August 7, 2014.     General abatement options:    1. Installation of local exhaust ventilation system for both bagging operations.    2. Automation of the bagging operations to minimize employee time spent in the area during the bagging process.    3. Rotation of employees.    Step 1    -    Effective respiratory protection shall be provided to and used by exposed employees as an interim protective 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.    Step 2    -    A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to hazardous substances as referenced in this citation. 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/administrative control options;  (2)  Selection of optimum control methods and completion of design;  (3)  Procurement, installation and operation of selected control measures;  (4)  Testing and acceptance 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. 30-day progress reports are required during the abatement period.    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.

Issued

Sep 10, 2014

Abate by

Dec 30, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9135

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:    (a) On or about July 30, 2014 - Main Building, an employee was exposed to an 8-hour time-weighted average of 22.96 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.5 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 424 minutes during one shift on August 7, 2014.    (b) On or about July 30, 2014 - Mixing Building, an employee was exposed to an 8-hour time-weighted average of 19.57 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.3 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 427 minutes during one shift on August 7, 2014.    The employer did not develop and implement a written respiratory protection program.

Issued

Sep 10, 2014

Abate by

Dec 30, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9135

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):     (a) On or about July 30, 2014 - Main Building, an employee was exposed to an 8-hour time-weighted average of 22.96 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.5 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 424 minutes during one shift on August 7, 2014.    (b) On or about July 30, 2014 - Mixing Building, an employee was exposed to an 8-hour time-weighted average of 19.57 milligrams per cubic meters (mg/m3) of Particulates Not Otherwise Regulated (Total Dust), 1.3 times the permissible exposure limit (PEL) of 15 mg/m3. The sampling time was 427 minutes during one shift on August 7, 2014.    The employer did not develop and implement a written respiratory protection program.

Issued

Sep 10, 2014

Abate by

Dec 30, 2014

Penalty

Initial $1,600 · Current $960 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) On or about July 30, 2014 - Facility, the employer did not develop and/or implement a written hazard communication program.

Issued

Sep 10, 2014

Abate by

Dec 30, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not ensure that Safety Data Sheets were readily accessible during each work shift to employees when they were in their work area(s)    (a) On or about July 30, 2014 - Facility, the employer did not ensure that safety data sheets (SDS) were available to employees during the second work shift.

Issued

Sep 10, 2014

Abate by

Dec 30, 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) On or about July 30, 2014 - Facility, the employees were not provided information and training on hazardous chemicals used in the facility, including, but not limited to Expancel and Calcium sulfate.

Issued

Sep 10, 2014

Abate by

Dec 30, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2): The employer shall 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) On or about July 30, 2014 - Facility, the employer did not document the hazard assessment.