OSHA Inspection: COMET FLASHER INC.

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,200 · Current $0 Reduced

General-duty citation text

29 CFR 1910.22(a)(2): Floor(s) of workroom(s) were not maintained in a clean and, so far as possible, a dry condition:    a.) Comet Flasher/Weld Area - On or about 12/29/14, the floor of this area was filled with materials, such as pallets of sandbags, galvanized sign holders, equipment, and other materials, while employees were working.  The floor of this workroom/work area was not maintained in a clean condition.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,200 · Current $0 Reduced

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.) Facility - On or about 12/29/14, laborers work performing a variety of tasks with hazards, including road work (flagging, placement of signs on functioning highways, placement and removal of traffic signals), welding and cutting galvanized steel, grinding galvanized steel, filling sandbags, removing impacted dirt from 'stubs', etc.  The employer has a variety of PPE, such as hard hats, high visibility vests, work gloves, nitrile gloves, etc. that are available, but not required, in all instances,  for the employees to use.  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.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,600 · Current $880 Reduced

General-duty citation text

29 CFR 1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:    a.) Facility - On or about 12/29/14, employees are provided and wear 3M half face elastomeric respirators with P100 filters or filtering face pieces while welding and cutting galvanized steel and dry sweeping the floors of the warehouse (1st and 2nd floors), which contains peeling paint from the ceilings/walls and bird droppings.  The employer has not developed and implemented a written respiratory protection program with the required worksite-specific procedures and elements for respiratory protection use.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:    a) Facility garage/welding area - On or about 12/29/14, the welder welds, cuts and grinds galvanized steel to make a variety of materials including sign posts holders, railings, etc.  The galvanized steel is coated with zinc which generates a plume of smoke that includes, but is not necessarily limited to zinc/zinc oxide, and saw cutting/grinding generate galvanized steel dust.  The employer has not identified and evaluated the respiratory hazards in the workplace, including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form.    ABATEMENT CERTTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(6)(i): The employer did not obtain from the physician or other licensed health care professional (PLHCP)  a written recommendation regarding the employee's ability to use the respirator:    a) Facility - On or about 12/29/14, employee are provided and wear half face 3M elastomeric respirators with P100 filters while welding, grinding and torch cutting galvanized steel, and while dry sweeping dirt/dust from the floors of the facility (1st and 2nd).  The employer did not obtain from the physician or other licensed health care professional (PLHCP) a written recommendation regarding the employee's ability to use the respirator.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:    a) Facility - On or about 12/29/14, the employer provides 3M half face elastomeric respirators for employees to use, as well as, filtering facepieces while employees are painting, welding/torch cutting/saw cutting/grinding galvanized steel, and while dry sweeping the floors (1st, 2nd) of the warehouse where there is obvious peeling paint (multi-layered) and bird droppings.  The employer has not provided the employees with training for respiratory protection use prior to the employees wearing the respiratory protection.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,200 · Current $660 Reduced

General-duty citation text

29 CFR 1910.157(c)(1): Portable fire extinguishers were not mounted, located and identified so that they were readily accessible without subjecting the employees to injuries:    a) Facility warehouse and weld area - On or about 12/29/14, most fire extinguishers for the facility were not mounted on the walls, located and identified so that they were readily accessible.  Employees weld, torch and saw cut steel; use a propane-powered fork lift; store gasoline in the warehouse; and, use quantities of flammable chemicals such as 99% Isopropyl alcohol.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

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:    a) Facility - On or about 12/29/14, employees weld and torch cut in the garage/weld area, and for which fire extinguishers are provided and used, if needed.  The employer does not provide training to the employees, required to use the fire extinguishers for this type of work, to familiarize the employees with the general principles of fire extinguisher use and the hazards involved with the incipient stage fire fighting.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,600 · Current $880 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(ii): The employer did not ensure that each operator had successfully completed the training required by paragraph (l), except as permitted by paragraph (l)(5), prior to permitting an employee to operate a Powered Industrial Truck (PIT):    a.) Facility - On or about 12/29/14, the employees working in the warehouse operate a propane-powered Daewoo PIT.  The employer had provided some of the required training, but had not yet completed the 'hands-on' portion of the training on the Daewoo PIT.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(q)(7): Industrial trucks were not examined before being placed in service:    a) Facility - On or about 12/29/14, the Daewoo, propane-powered forklift is used to move materials and equipment throughout the facility and 2nd floor of the complex.  The employer does not have a requirement for the employees to examine the forklift prior to its use.      ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,600 · Current $880 Reduced

General-duty citation text

29 CFR 1910.215(a)(2): Abrasive wheel(s) used on grinding machinery were not provided with safety guard(s) which covered the spindle end, nut, flange projections:    a)  Garage/Weld Area - On or about 12/29/14, the bench-mounted grinder used to grind galvanized metal spurs, welds, and other materials did not have safety guards, as required.      ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.215(a)(4): Grinding machinery was not used with work rest(s) to support offhand grinding work:    a) Garage/weld area - On or about 12/29/14, the bench mounted grinder is used on a weekly basis for grinding used galvanized metal signs holders, welds and other work.  The grinding wheel did not have a work rest to support offhand grinding work.      ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,200 · Current $660 Reduced

General-duty citation text

29 CFR 1910.252(c)(1)(iv): Hazard communication. The employer shall include the potentially hazardous materials employed in fluxes, coatings, coverings, and filler metals, all of which are potentially used in welding and cutting, or are released to the atmosphere during welding and cutting, in the program established to comply with the Hazard Communication Standard (HCS) (� 1910.1200). The employer shall ensure that each employee has access to labels on containers of such materials and safety data sheets, and is trained in accordance with the provisions of � 1910.1200. Potentially hazardous materials shall include but not be limited to the materials itemized in paragraphs (c)(5) through (c)(12) of this section.    a.) Garage/weld area - On or about 12/29/14, the welder welds galvanized (creates zinc oxide) steel brackets, sign posts and other materials on up to a daily basis.  The employer has not provided Hazard Communication training for employees who weld and are exposed to fluxes, coatings, coverings, and filler materials that could be released into the atmosphere during welding and cutting operations.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

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.) Facility - On or about 12/29/14, employees work with, but not necessarily limited to: 99% Isopropyl alcohol for cleaning signs; paint with Rustoleum Paints; use Goof-Off for cleaning; use propane for the powered industrial truck; weld and torch cut galvanized metal which generates zinc-bearing fumes; and, use gasoline.  The employer has not provided Hazard Communication training to the employees who work with and have exposure to these chemicals.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,600 · Current $880 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level:    a) Warehouse Areas 1st and 2nd floors - On or about 12/29/15, employees dry sweep the floors over which lead-containing (1-5% lead by weight), flaking paint has accumulated.  The employer has not made an initial determination to determine if any employee may be exposed to lead at or above the action level.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(d)(3)(i): The employer did not monitor employee exposures and did not base the initial determinations on the employee exposure monitoring results and any of the relevant considerations described in 29 CFR 1926.62(d)(3)(i)(A) through (C):    a.) Warehouse 2nd floor - On or about 12/29/14, employees had performed construction activities, including the fabrication and installation of galvanized railing, which included dry sweeping of the area for preparation and clean-up.  The second floor warehouse had accumulations of lead-bearing (1-5% lead by weight) paint flakes from the walls and ceilings.  The employer did not monitor employee exposures to lead to determine exposure levels while working under these conditions.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $1,600 · Current $880 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(h)(2)(ii): Shoveling, sweeping or brushing methods were used to remove lead accumulations where vacuuming or other equally effective methods were available and feasible:    a) Facility Warehouse areas 1st and second floors - On or about 12/29/14, the walls and ceilings of the warehouse are covered with old, peeling layers of lead-bearing (1-5% lead by weight) paint which accumulates on the floors of the warehouse and in the stairwells.  The employees are required to dry sweep the floors and use respiratory protection while performing this task.     ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1926.62(h)(2): Where  possible, clean-up of floors and other surfaces where lead accumulated was not accomplished by (HEPA) vacuuming or other methods that minimized the likelihood of lead becoming airborne:    a.) Warehouse 1st and 2nd floors - On or about 12/2/14, employees were dry sweeping the warehouse floors which contained accumulations of lead-bearing (1-5%) paint from the flaking walls, pillars and ceilings.  The employer did not ensure that the clean-up of floors and other surfaces where lead accumulated was accomplished by High Efficiency Particulate Air (HEPA) vacuuming or other methods that minimized the likelihood of lead becoming airborne.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.7(a): The employer did not record workplace injuries and illnesses that would be considered to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.    a.) Facility - On or about Oct 2014, an employee suffered an eye injury which required medical treatment, prescription medication and resulted in a lost work day.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jan 28, 2015

Abate by

Apr 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.29(b)(3): Each recordable injury or illness was not entered on the OSHA 300 Log and on an incident report (OSHA Form 301or equivalent) within seven (7) calendar days of receiving information that a recordable injury or illness had occurred.    a.) Facility - On or about 12/29/14, a review of recordable injuries sustained in 2014 determined that the following was not recorded with 7 days of the employer receiving information of the injury/illness:    1.) On or about 3/28/2014, an employee suffered an avulsion of the finger, which resulted in medical treatment and 1 lost day.    2.) On or about 7/16/2014, an employee suffered from a torn meniscus, which required medical treatment and resulted in greater than 30 days off.    On or about September 25, 2014 an employee suffered from an eye injury, which required medical treatment and resulted in 1 lost day.    ABATEMENT CERTIFICATION REQUIRED