OSHA Inspection: JENEIL BIOTECH, INC.

Issued

Dec 28, 2015

Abate by

Jan 16, 2017

Penalty

Initial $4,900 · Current $4,900

Hazardous substances D740

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)   Workers performing production of Starter Distillate Concentrate containing Diacetyl were required to use negative pressure air purifying respirators.  No written respiratory protection program had been established for this required respirator use.    (b) Worksite specific procedures, in accordance with section (d) of this standard, had not been established for selection of appropriate respiratory protection.      (c) Medical evaluation procedures, in accordance with section (e) of this standard, had not been implemented to assure that these workers were physically able to use the provided half-face and full-face elastomeric cartridge type respirators.    (d) Fit test procedures, in accordance with section (f) of this standard, had not been implemented to assure that the provided tight-fitting respirators fit properly.    (e) Training and information, in accordance with section (k) of this standard, had not been provided to assure that workers understood the limitations of the respirators, and how to properly use, store, and maintain the respirators.

Issued

Dec 28, 2015

Penalty

Initial $4,900 · Current $0 Reduced

Hazardous substances D740

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) In the Butter Flavor Room where Starter Distillate, containing approximately 5% Diacetyl was produced, the employer did not adequately evaluate respiratory hazards including a reasonable estimate of employee exposure to Diacetyl.

Issued

Dec 28, 2015

Abate by

Jan 16, 2017

Penalty

Initial $4,900 · Current $3,430 Reduced

Hazardous substances D740

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) Jeneil Biotech, Inc. did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(d)(1) that would describe or include at least the following:    1) Requirement for labeling of containers of hazardous chemicals;    2) Material safety data sheet availability;    3) Training of employees;    4) a complete list of hazardous chemicals known to be in the workplace;    5) Methods to inform employees of the hazards of non-routine tasks; and    6) Methods to inform other employer(s) of material safety data sheet availability; the labeling system; and any precautionary measures to protect employees.    Workers were exposed to hazardous chemicals, including but not limited to: Diacetyl, Ferric Chloride, and Potassium Hydroxide.

Issued

Dec 28, 2015

Abate by

Jan 16, 2017

Penalty

Initial $0 · Current $0

Hazardous substances D740

General-duty citation text

29 CFR 1910.1200(f)(1): The chemical manufacturer, importer, or distributor did not ensure that each container of classified hazardous chemicals leaving the workplace was labeled, tagged or marked with the information required in 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(vi):  (a) Labels for containers of Natural Starter Distillate Concentrate, Product Code SD 50000 did not list the following  Hazard Classification: Hazard Class Target Organ Toxicity (Repeated Exposure), Category  1.  (b) Labels for containers of Natural Starter Distillate Concentrate, Product Code: SD-50000 erroneously listed with the signal word "WARNING"; the signal word "DANGER" would be appropriate for this hazardous chemical, based on target organ toxicity.  (c) Labels for containers of Natural Starter Distillate Concentrate, Product Code: SD-50000 did not include the Health Hazard pictogram.

Issued

Dec 28, 2015

Abate by

Jan 16, 2017

Penalty

Initial $0 · Current $0

Hazardous substances D740

General-duty citation text

29 CFR 1910.1200(g)(2): The chemical manufacturer or importer preparing the safety data sheet did not ensure that it included the required headings and information in 29 CFR 1910.1200(g)(2)(i) through 29 CFR 1910.1200(g)(2)(xii):  (a)    Section 2 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000 did not include the following Hazard Classification:  Hazard Class Target Organ Toxicity (Repeated Exposure), Category  1.  (b)    Section 2 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000  erroneously listed with the signal word "WARNING"; the signal word "DANGER" would be appropriate for this hazardous chemical, based on target organ toxicity.  (c)    Section 2 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000 did not include the Health Hazard pictogram.  (d)    Section 6 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000 did not include Personal Protective Equipment (PPE) necessary for spill clean-up.  (e)    Section 8 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000 did not list the OSHA permissible exposure limit (PEL) for Diacetyl or state that no applicable information is available (NA or none).  (f)    Section 8 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000 did not list the  American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Value (TLV) for Diacetyl.  (g)    Section 11 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000 erroneously stated that a Threshold Limit Value (TLV) was not determined  by ACGIH.  (h)    Section 11 of the safety data sheet (SDS) for Starter Distillate Concentrate, Product Code SD 50000 did not include chronic effects of prolonged and repeated exposure resulting in respiratory system damage.  Nor did it include signs and symptoms associated with such chronic effects.