OSHA Inspection: SOLES ENTERPRISES, LLC

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.107(b)(5)(iv): Space within the spray booth on the downstream and upstream sides of filters were not protected with approved automatic sprinklers:    (a) Building 2; Paint Booth: An employee uses Acrylic Modified Alkyd Enamel paint, which contains Xylene, to conduct spray painting operations. The downstream and upstream sides of the filters were not protected with approved automatic sprinklers, as observed on or about 03/18/2015.      ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.107(b)(2): The interior surfaces of spray booths were not smooth and continuous without edges and otherwise designed to prevent pocketing of residues and facilitate cleaning and washing without injury.     (a) Building 2; Paint Booth: Employees paint in the paint spray booth using Acrylic Modified Alkyd Enamel paint which contains Xylene a class 1 flammable liquid. The interior surface of the spray booth is made from metal sheets with ridges which cause pocketing of residues, as determined on or about 03/18/2015.       ABATEMENT CERTFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 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) Building 1; Battery Repair Area: The employer did not conduct a medical evaluation on the employees before requiring an employee to use a Survivair Blue 1 half mask negative pressure air purifying respirators during battery repair activities, which contain Lead and Arsenic fumes, as determined on or about 04/10/2015.      ABATEMENT CERTFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

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.     (a) Building 1; Battery Repair Area: The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested before requiring an employee to use a Survivair Blue 1 half mask negative pressure air purifying respirators during battery repair activities, which contain Lead and Arsenic fumes, as determined on or about 04/10/2015.      ABATEMENT CERTFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Building 1; Battery Repair Area: An employee uses a Survivair Blue 1 half mask negative pressure air purifying respirators during battery repair activities, which contain Lead and Arsenic fumes. The employer did not provide training prior to required use of the respirator by employees in the workplace, as determined on or about 04/10/2015.      ABATEMENT CERTFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:      (a) Building 2; Fabrication Area: An employee uses a Kalamazoo horizontal band saw, no s/n, to cut 2x4s for a frame. The employee was exposed to approximately 13 inches of unused portion of the blade that was not guarded, as determined on or about 03/18/2015.      (b) Building 2; Fabrication Area: An employee uses a Central Machinery Heavy Duty 16 speed Drill Press, model number T-583, to clean pieces of material. The employees hand was demonstrated to be approximately 5 inches from the unguarded rotating chuck, as determined on or about 03/18/2015.      ABATEMENT CERTFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.213(h)(1): The sides of the lower exposed portion of the blade of radial saw(s) were not guarded to the full diameter of the blade by a device that automatically adjusted itself to the thickness of the stock and remained in contact with the stock being cut.      (a) Building 1; Smelting Area: An employee uses a Craftsman 10 Radial Saw, no model or s/n, to fabricate a wooden frame for scrap battery cells. The lower exposed portion of the blade was not guarded, as determined on or about 03/18/2015.      ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.213(h)(4): Radial saw(s) were not installed in a manner so as to cause the cutting head to return gently to the starting position when released by the operator:     (a) Building 1; Smelting Area: An employee uses a Craftsman 10 Radial Saw, to fabricate a wooden frame for scrap battery cells. The saw head would not return to the starting position when released by the employee, as determined on or about 03/18/2015.     ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $2800.00 · Current $1400.00 Reduced

General-duty citation text

29 CFR 1910.304(g)(5): The path to ground from circuits, equipment, and enclosures was not permanent, continuous, and effective:    (a) Building 2; Fabrication Area: A grounding pin was missing from the electrical cord used to power a Central Machinery Heavy Duty 16 speed Drill Press, model number T-583.  The path to the ground from the equipment was not permanent, continuous or effective, as observed on or about 03/18/2015.    ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2016-04-27 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.1018(c): Employee(s) were exposed to inorganic arsenic at concentrations greater than ten micrograms per cubic meter of air, averaged over an 8-hour period:       (a) Building 1; Battery Repair Area:  On April 10, 2010 and times prior to, an employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period.       ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2016-04-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(e)(2): Initial monitoring was not performed for each workplace, or work operation covered by 29 CFR 1910.1018 to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed:       (a) Building 1; Battery Repair Area:  Initial monitoring was not performed for each workplace, or work operation. An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period, as determined on or about 04/10/2015.       ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(f)(1): Regulated areas were not established where workers exposure to inorganic arsenic, without regard to the use of respirators, were in excess of the permissible limit:       (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not designate the battery repair area as a regulated area, as determined on or about 04/10/2015.       ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.1018(g)(1)(i): Engineering and work practice controls were not instituted to reduce inorganic arsenic exposure to or below permissible exposure limit:      (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not institute any engineering or work practice controls to reduce the employee exposure, as determined on or about 04/10/2015.      ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(g)(2)(i): A written program was not established, or implemented to reduce exposures to inorganic arsenic to or below the permissible exposure limit by means of engineering and work practice controls:       (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not establish and implement a written program to reduce exposures to inorganic arsenic, as determined on or about 04/10/2015.       ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.1018(j)(2)(vii)(A): The employer shall ensure that the containers of contaminated protective clothing and equipment in the workplace or which are to be removed from the workplace are labeled and that the labels include the following information:        (a) Building 2; Dirty Change Room: An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employee takes his contaminated work clothing off in the dirty clothing room. The container that the clothing goes into does not have a label, as determined on or about 04/10/2015.      ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(p)(1)(iii): Employers shall include inorganic arsenic in the hazard communication program established to comply with the HCS (� 1910.1200). Employers shall ensure that each employee has access to labels on containers of inorganic arsenic and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (o) of this section.    (a) Building 1 and 2:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not ensure the employee had access to labels for containers and were not trained in accordance with the requirements of HCS and paragraph (o) of this section, as determined on or about 04/10/2015.    ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(p)(2)(i): The employer shall post signs demarcating regulated areas bearing the legend:  DANGER INORGANIC ARSENIC MAY CAUSE CANCER DO NOT EAT, DRINK OR SMOKE WEAR RESPIRATORY PROTECTION IN THIS AREA AUTHORIZED PERSONNEL ONLY.     (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not post signs demarcating regulated areas, as determined on or about 04/10/2015.     ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.1018(k)(4): A written housekeeping and maintenance plan for inorganic arsenic which lists the appropriate frequencies for carrying out housekeeping operations and for cleaning and maintaining dust collection equipment was not kept and available for inspection by the Assistant Secretary:      (a) Building 1 and 2: An employee conducts battery repair operations using Lead sticks containing Arsenic. Wipe sampling revealed the presence of Arsenic on the doorknob and bathroom sink in the employee bathroom in building one.  Presence of Arsenic was also found on the arm chair in the Dirty Change Room. The employer does not have a written housekeeping and maintenance plan for inorganic arsenic, as determined on or about 04/10/2015.      ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(o)(1)(i): A training program was not instituted for each employee who is subject to inorganic arsenic exposure above the action level, without regard to respirator use, or for whom there is a possibility of skin or eye irritation from inorganic arsenic:     (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not institute a training program for each employee exposed to inorganic arsenic above the action level, as determined on or about 04/10/2015.     ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2016-04-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(m)(2)(i): Employees working in regulated areas, or subject to the possibility of skin or eye irritation from inorganic arsenic were not required to shower at the end of the work shift:      (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not provide a shower nor required the employees to shower at the end of the work shift, as determined on or about 04/10/2015.      ABATEMENT CERTIFICATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2016-04-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(m)(3)(i): Readily accessible lunchroom facilities with temperature controlled, positive pressure, filtered air supply were not provided for employees working in inorganic arsenic regulated areas:      (a) Building 1 and 2:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not provide for its employees a lunch room facility with a temperature controlled, positive pressure, filtered air supply, as determined on or about 04/10/2015.      ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $3500.00 · Current $1750.00 Reduced

General-duty citation text

29 CFR 1910.1018(n)(1)(i)(A): A medical surveillance program was not instituted for all employees who were or will be exposed to inorganic arsenic in excess of the action level, without regard to the use of respirators, at least 30 days per year:      (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not institute a medical surveillance program for the exposed employee, as determined on or about 04/10/2015.      ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1018(n)(3)(i): For employees exposed above the action level for at least 30 days per year the medical examination was not provided at least annually:       (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .013 milligrams per cubic meter of airborne arsenic compared to a Permissible Exposure Limit of .01 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not provide an annual medical exam for the exposed employee, as determined on or about 04/10/2015.       ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $2100.00 · Current $1050.00 Reduced

General-duty citation text

29 CFR 1910.1025(d)(4)(i): Where the initial determination showed the possibility of employee exposure at or above the action level, representative monitoring was not conducted for each employee in the workplace who was exposed to lead:      (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .042 milligrams per cubic meter of airborne Lead compared to a Permissible Exposure Limit of .05 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not conduct personal sampling for Lead in any area of the facility for each job classification, as determined on or about 04/10/2015.      ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .042 milligrams per cubic meter of airborne Lead compared to a Permissible Exposure Limit of .05 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not make an initial determination if any employee was exposed to lead at or above the action level, as determined on or about 04/10/2015.    ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $2100.00 · Current $1050.00 Reduced

General-duty citation text

29 CFR 1910.1025(h)(1): All surfaces were not maintained as free as practicable of accumulations of lead:      (a) Building 1 and 2:  On April 10, 2015 and times prior to, employees were exposed to Lead from touching surfaces that are contaminated, such as but not limited to, bathroom door knob, Pepsi vending machine button, and Microwave buttons. The employer did not ensure that all surfaces were maintained as free as practicable of accumulations of Lead, as determined on or about 04/10/2015.      ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-08-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1025(j)(1)(i): A medical surveillance program was not instituted for all employee(s) who were, or could be exposed to lead above the action level for more that thirty days per year:      (a) Building 1; Battery Repair Area:  An employee who conducted battery repair operations was exposed to .042 milligrams per cubic meter of airborne Lead compared to a Permissible Exposure Limit of .05 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not institute a medical surveillance program for the exposed employee, as determined on or about 04/10/2015.      ABATEMENT CERTIFICIATION REQUIRED

Issued

2015-07-06 00:00:00

Abate by

2015-07-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1025(l)(1)(i): Employee(s) working in an area where there is potential exposure to airborne lead at any level were not informed of the content of Appendices A and B of 29 CFR 1910.1025:    (a) Building 1 and 2:  An employee who conducted battery repair operations was exposed to .042 milligrams per cubic meter of airborne Lead compared to a Permissible Exposure Limit of .05 milligrams per cubic meter for an 8-hour time weighted average for the 480 minute sampling period. The employer did not train its employees on the contents of Appendices A and B of this standard, as determined on or about 04/10/2015.    ABATEMENT CERTIFICIATION REQUIRED