OSHA Inspection: BURKHART ENTERPRISES, INC.

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $1785.00 · Current $1071.00 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) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to respiratory hazards and were allowed to wear an elastomeric half face respirator without ensuring that employees were medically able to use the respirator in a manner that does not present a health hazard to the user.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested   a) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to respiratory hazards (paints (irritants) and welding fumes) and were allowed to wear an elastomeric half face respirator and had not provided respirator fit-testing at least annually to determine if the respirator fit properly.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(5): Respiratory protection retraining was not conducted annually.    a) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to respiratory hazards (paints and thinners (irritants)) and were required to wear an elastomeric half face respirator and had not been given training or basic advisory information on respirators.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer.   a) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to respiratory hazards (paints and welding fumes (irritants)) and were allowed to wear an elastomeric half face respirator and had not been given training or basic advisory information on respirators as presented in Appendix D.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $3570.00 · Current $2142.00 Reduced

General-duty citation text

29 CFR 1915.36(a)(1): Smoking, open flames, arcs, or spark producing equipment were not prohibited in areas where liquid solvents, paint and preservative coating removers, paints or vehicles capable of producing a flammable atmosphere under the conditions of use, were used.    a) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to burns from smoking around flammable paints and thinners in the Dome Building while painting wheel rims.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The employer did not comply a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.    a) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to hazardous materials and the employer did not develop a complete inventory list of hazardous materials currently being used by employees to complete work tasks in the maintenance shop and dock areas.  The chemical inventory list did not include (at minimum)  NFPA Klean Strip Lacquer Thinner(irritant); Chainsaw bar and chain lube (irritant); STIHL Platinum Bar & Chain Lub (irritant); STIHL 2 Cycle Engine Oil (irritant); Bernzomatic Propane (flammable, frostbite); and Welding Rod 7018 irritant).  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(f)(6)(i): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the information required by 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(v).  (a) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to unlabeled hazardous materials (reported to be motor oil) in two containers in the maintenance shop.  Exposure to unknown hazardous materials could expose employees to potential acute and chronic illness.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical.   a) On or about October 23, 2014, employees working at Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN, were exposed to hazardous materials and the employer did not have Safety Data Sheets of all hazardous materials currently being used by employees to complete work tasks in the maintenance shop and dock areas.  The SDS Book did not include (at minimum) SDS's for NFPA Klean Strip Lacquer Thinner(irritant); Chainsaw bar and chain lube (irritant); STIHL Platinum Bar & Chain Lub (irritant); STIHL 2 Cycle Engine Oil (irritant); Bernzomatic Propane (flammable, frostbite); and Welding Rod 7018 irritant).  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

2014-12-11 00:00:00

Abate by

2015-01-08 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1915.507(b)(1): The portable fire extinguishers and hose systems were not selected, installed, inspected, maintained, and tested by the employer according to NFPA 10-2002 Standard for Portable Fire Extinguishers.  a) On or about October 23, 2014, Burkhart Enterprises Inc. located at 2435 Asbury Rd in Knoxville, TN did not inspect and document the monthly inspection of the portable fire extinguishers located throughout their site.  This exposed employees to potential fire hazards.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).