OSHA Inspection: ECHO ENVIRONMENTAL WAVERLY, LLC

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $7,000 · Current $4,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(f)(2):  Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) was used, and at least annually thereafter:      Employees who were exposed to lead in the workplace and were required to wear 3M 6200, 3M 6300 or Drager X-plore 3300 tight fitting facepiece respirators were not fit tested at the intervals required by this standard in that:      (a)  Employees were not provided fit testing prior to initial assignment to wear a respirator in the workplace where they were exposed to lead above the OSHA PEL.      (b)  Employees were not provided fit testing at least annually when required to wear a respirator in the workplace where they were exposed to lead above the OSHA PEL.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $7,000 · Current $3,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(c)(1): Employee(s) were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air averaged over an eight-hour period:    (a)  On July 21, 2015, the furnace operator was exposed to lead at 120% of the PEL or 0.0608 mg/m3 for a 432 minute sampling period with a value of zero added for the 48 minutes not sampled.      In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $7,000 · Current $2,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(6)(iii): Where the initial monitoring revealed that employee exposure to lead was above the permissible exposure limit, monitoring was not repeated at least quarterly and continued at the required frequency until at least two consecutive measurements taken at least 7 days apart were below the PEL and at or above the action level:    (a)  The employer had a consultant perform air monitoring for lead that indicated employee exposure at or above the OSHA Permissible Exposure Limit of 0.05 milligrams per cubic meter on October 24, 2013 for the ball mill operator, April 8, 2014 for the ball mill operator, furnace operator and lab tech, and October 27, 2014 2014 for the ball mill operator and furnace operator, but the employer did not perform quarterly monitoring as required by this standard.      In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $7,000 · Current $3,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3)(i): The employer did not establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, solely by means of engineering and work practice controls:     (a)  On July 21, 2015, the furnace operator was exposed to lead at 120% of the PEL or 0.0608 mg/m3 for a 432 minute sampling period with a value of zero added for the 48 minutes not sampled and the employer had not implemented a written lead compliance program defining the engineering and work practice controls that would be used to reduce lead exposure.            (b)  Employees were exposed to lead at or above the OSHA Permissible Exposure Limit of 0.05 milligrams per cubic meter on October 24, 2013 for the ball mill operator, April 8, 2014 for the ball mill operator, furnace operator and lab tech, and October 27, 2014 2014 for the ball mill operator and furnace operator, but the employer did not establish and implement a lead compliance program to reduce those exposures by the use of engineering and work practice controls.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(4)(i): When ventilation was used to control exposure to lead, measurements which demonstrate the effectiveness of the system in controlling exposure were not made at least every three months:    (a)  The employer did not take measurements, such as but not limited to capture velocity, duct velocity and static pressure, to evaluate the performance of the ventilation system that was used to control lead exposure at least every three months.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Dec 2, 2015

Penalty

Initial $7,000 · Current $3,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(1)(i): The employer did not provide, at no cost to the employee, and ensure that the employee used appropriate protective work clothing and equipment that prevented contamination of the employee and the employee's garments, such as, but not limited to coveralls or similar full-body work clothing:     (a)  On or about July 21, 2015, the employer did not ensure that the furnace operator, who was exposed to lead at 120% of the PEL or 0.0608 mg/m3 for a 432 minute sampling period wore the full-body work clothing that was provided in that the employee wore a short sleeved t-shirt.      In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Dec 2, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(2)(v): Contaminated protective clothing to be cleaned, laundered, or disposed of, was not placed in a closed container to prevent dispersion of lead outside the container:    (a)  The employer did not ensure that contaminated clothing was placed in a closed container, in that contaminated clothing was hanging out of the container and the clothes had fallen on the floor.  (b)  The employer did not ensure that the closed container for contaminated clothing was placed in the change rooms in that the container was outside the mens locker room.       In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Penalty

Initial $7,000 · Current $3,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(1): The employer did not ensure that food or beverage was not present, or consumed; tobacco products were not present, or used and cosmetics were not applied in areas where employees were exposed to lead in excess of the permissible exposure limit:    (a)  On or about June 6, 2015, supervisors were cooking on a George Foreman grill and employees were eating just outside the lunch room, next to the restrooms, approximately ten feet from areas where respiratory protection was required due to the presence of lead from the melting and grinding of electronic wires.      In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(3)(i): Employee(s) exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators, were not required to shower at the end of the work shift:  (a)  On July 21, 2015, the furnace operator was exposed to lead at 120% of the PEL or 0.0608 mg/m3 for a 432 minute sampling period with a value of zero added for the 48 minutes not sampled and the employer did not require them to shower at the end of the work shift and the employer did not provide shower facilities.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(3)(ii): Shower facilities, in accordance with 29 CFR 1910.141(d)(3), were not provided for employee(s) exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators:    (a)  On July 21, 2015, the furnace operator was exposed to lead at 120% of the PEL or 0.0608 mg/m3 for a 432 minute sampling period with a value of zero added for the 48 minutes not sampled, but the employer did not provide shower facilities.   (b)  The employer had a consultant perform air monitoring for lead that indicated employee exposure at or above the OSHA Permissible Exposure Limit of 0.05 milligrams per cubic meter on October 24, 2013 for the ball mill operator, April 8, 2014 for the ball mill operator, furnace operator and lab tech, and October 27, 2014 2014 for the ball mill operator and furnace operator, but the employer did not provide shower facilities.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(i)(4)(ii): Lunchroom facilities for employees exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators, were not provided with a temperature controlled, positive pressure, filtered air supply:  (a)  The lunch room was not provided with positive pressure or filtered air when it was used by employees who were exposed to lead above the PEL.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $7,000 · Current $2,000 Reduced

Hazardous substances 1591

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 than thirty days per year:    (a)  On July 21, 2015, the furnace operator was exposed to lead at 120% of the PEL or 0.0608 mg/m3 for a 432 minute sampling period with a value of zero added for the 48 minutes not sampled and the employer had not instituted a medical surveillance program.         (b)  Employees were exposed to lead at or above the OSHA Permissible Exposure Limit of 0.05 milligrams per cubic meter on October 24, 2013 for the ball mill operator, April 8, 2014 for the ball mill operator, furnace operator and lab tech, and October 27, 2014 2014 for the ball mill operator and furnace operator, but the employer did not establish and implement a medical surveillance program.           In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(2)(i): The employer did not make available biological monitoring, including blood sampling and analysis for lead and zinc protoporphyrin levels for each employee covered under 29 CFR 1910.1025 (j)(1)(i):  (a)  The employer did not provide blood lead and ZPP analysis for all employees who were exposed to lead above the PEL at least every six months or more frequently if indicated by the results of the analysis.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $7,000 · Current $5,000 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(l)(1)(v): The employer shall assure that each employee is informed of the following:    The employer did not ensure that employees who were exposed to lead at or above the Action Level or where the possibility of skin or eye irritation existed, were informed of the following:      (a) The content of this standard and its appendices;    (b) The specific nature of the operations which could result in exposure to lead above the action level;    (c) The purpose, proper selection, fitting, use, and limitations of respirators;    (d) The purpose and a description of the medical surveillance program, and the medical removal protection program including information concerning the adverse health effects associated with excessive exposure to lead (with particular attention to the adverse reproductive effects on both males and females);    (e) The engineering controls and work practices associated with the employee's job assignment;    (f) The contents of any compliance plan in effect; and    (g) Instructions to employees that chelating agents should not routinely be used to remove lead from their bodies and should not be used at all except under the direction of a licensed physician.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(l)(2)(i): A copy of 29 CFR 1910.1025 and its appendices was not made readily available to all employees who had a potential exposure to airborne lead at any level:  (a)  The employer did not ensure that employees who were exposed to lead in the workplace were provided with a copy of this standard and its appendices.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(m)(1)(iii): The employer did not include lead in the hazard communication program established to comply with the HCS (� 1910.1200), and the employer did not ensure that each employee had access to labels on containers of lead and to safety data sheets, and that employees were trained on lead in accordance with the requirements of HCS and paragraph (l) of this section.  (a)  The employer did not ensure that employees who were exposed to lead in the workplace were trained on the hazards of lead exposure under the employer's hazard communication program.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Abate by

Jan 8, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 0360073007311591

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  (a)  The employer did not develop and implement a written hazard communication program for employees who were exposed to hazards, such as but not limited to lead, in the workplace.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.

Issued

Nov 19, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 07311591

General-duty citation text

29 CFR 1910.134(m)(4): Written materials required to be retained under 29 CFR 1910.134 were not made available upon request to affected employees and to the Assistant Secretary or designee for examination and copying:  (a)  The employer did not provide documentation of respirator physical evaluations and fit testing records for employees who were required to wear half face respirators when exposed to lead above the OSHA PEL.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET)

Issued

Nov 19, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(n)(4)(ii): Environmental monitoring, medical removal and medical records required by 29 CFR 1910.1025 for exposure to lead were not provided upon request to employee(s), designated representative, or the Assistant Secretary:  (a)  The employer did not provide medical monitoring results, such as lead and ZPP levels, for employees who were exposed to lead above the OSHA PEL.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET)

Issued

Nov 19, 2015

Penalty

Initial $850 · Current $600 Reduced

Hazardous substances 02300720073115201591

General-duty citation text

29 CFR 1910.1200(g)(11):   Safety data sheets were not made readily available, upon request, to designated representatives, the Assistant Secretary, and the Director, in accordance with the requirements of 29 CFR 1910.1020(e).    (a)  On or about July 21, 2015, safety data sheets for the materials being processed in the ball mill were not provided by the employer to OSHA representatives when they were requested.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET)