OSHA Inspection: DIGITAL COMMERCE USA, LLC

Issued

Oct 16, 2014

Penalty

Initial $1,785 · Current $1,250 Reduced

General-duty citation text

29 CFR 1910.157(g)(2): The educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting was not provided to all employees upon initial employment, and at least annually thereafter:  On or about October 15, 2014, portable fire extinguishers were available for employees to use, but initial and annual training were not provided.  Note the employer may exercise one of the following options:  1. Provide portable fire extinguishers as specified in 29 CFR 1910.157(c)(1), meet the distribution requirements per 29 CFR 1910.157(d) (75 to the nearest extinguisher for Class A fires and 50 to the nearest unit for Class B fires), and provide training and education for all employees in the use of such equipment and the hazards associated with incipient stage fire fighting as specified in 29 CFR 1910.157(g).  The other sections of 29 CFR also apply.  2. Provide extinguishers as specified in 29 CFR 1910.157(c)(1), designate certain employees to be the only employees authorized to use such equipment and require all other employees to immediately evacuate upon the sound of the fire alarm, establish this in writing in an emergency action plan as outlined in 29 CFR 1910.38(a) and train/educate designated employees per 1910.157(g).  Utilizing this option exempts the employer from distribution requirements of 29 CFR 1910.157(d).  3. Establish a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal.  This policy shall include an emergency action plan and a fire prevention plan as specified in 29 CFR 1910.38(a) and 29 CFR 1910.39(a).  Utilizing this option exempts the employer from the requirements of 29 CFR 1910.157 to include the need for providing portable fire equipment unless a specific standard requires that a portable fire extinguisher be provided (such as those requirements in 29 CFR 1910.106/107 related to the use/storage of flammable/combustible liquids).  If extinguishers are provided, but not intended for employee use, 29 CFR 1910.157(e) and (f) are still applicable (inspection, maintenance, and testing of equipment).