OSHA Inspection: THEME-X, LLC

Issued

2016-02-22 00:00:00

Abate by

2016-03-24 00:00:00

Penalty

Initial $400.00 · Current $400.00

General-duty citation text

29 CFR 1903.19(c)(1): 29 CFR 1903.19(c)(1):   The employer failed to certify to OSHA (the Agency) that the following items were abated within 10 calendar days after the abatement date:      a)    On or about February 22, 2016, abatement certification for Citation #1, Items 1b and 2 of Inspection #1062308 due not later than October 9, 2015.      b)    On or about February 22, 2016, abatement certification for Citation #1, Items 1a, 1c, and 1d of Inspection #1062308 due not later than October 25, 2015.  ABATEMENT CERTIFICATION REQUIRED

Issued

2015-09-22 00:00:00

Abate by

2015-10-25 00:00:00

Penalty

Initial $1600.00 · Current $1200.00 Reduced

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) Rainforest Café, Niagara Falls, NY - On or about 5/11/15, the employer did not develop and implement a written respiratory protection  program for employees that were required, by the employer, to wear half-mask air-purifying respirators while performing fiberglass seaming work using  Hetron 922 Resin (containing styrene), AcrylPro Ceramic Tile Adhesive (containing ethylene glycol and calcium carbonate), and Titebond All-Purpose Panel Adhesive (which gives off methanol during curing).  ABATEMENT CERTIFICATION REQUIRED

Issued

2015-09-22 00:00:00

Abate by

2015-10-09 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) Rainforest Café, Niagara Falls, NY - On or about 5/11/15, the employer did not provide a medical evaluation to employees who are required, by the employer, to wear half-mask air-purifying respirators while performing seaming work.  ABATEMENT CERTIFICATION REQUIRED

Issued

2015-09-22 00:00:00

Abate by

2015-10-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): The employer did not ensure that employee(s) using tight-fitting facepiece respirators were  fit tested prior to initial use of the respirator:  a) Rainforest Café, Niagara Falls, NY - On or about 5/11/15, employees who were required to wear half-mask air-purifying respirators, were not fit tested prior to the initial use of the respirator.  ABATEMENT CERTIFICATION REQUIRED

Issued

2015-09-22 00:00:00

Abate by

2015-10-25 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to employees who were required to use respirators and ensure that they could demonstrate knowledge of the requirements contained in 29 CFR 1910.134(k)(1)(I) through (vii):  a) Rainforest Café, Niagara Falls, NY - On or about 5/11/15, the employer did not provide appropriate training to employees who were required to wear half-mask air-purifying respirators while performing fiberglass seaming work.  ABATEMENT CERTIFICATION REQUIRED

Issued

2015-09-22 00:00:00

Abate by

2015-10-09 00:00:00

Penalty

Initial $1600.00 · Current $1200.00 Reduced

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) Rainforest Café, Niagara Falls, NY - On or about 5/11/15, the employer did not provide information and training to employees who were exposed to hazardous materials such as, but not limited to Hetron 922 Resin (containing styrene), AcrylPro Ceramic Tile Adhesive (containing ethylene glycol and calcium carbonate), and Titebond All-Purpose Panel Adhesive (which gives off methanol during curing) these products cause severe respiratory, eye, and skin irritation.  Employees were exposed to these hazards from construction activity being performed at the Rainforest Café.  These materials were being used by contractors working on-site, and this information was not provided to exposed employees.  ABATEMENT CERTIFICATION REQUIRED