OSHA Inspection: J. WALTER MILLER COMPANY

Issued

Mar 9, 2016

Abate by

Oct 1, 2016

Penalty

Initial $4,900 · Current $2,900 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(b)(1): When employees were subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls were not utilized:    a)  Cut Off Area - An employee, operating the Cut Off Saw, was sampled for occupational noise exposure on October 21, 2015, for 480 minutes, at a level of approximately 473% of the allowable dose.  This was equivalent to an exposure of approximately 101 decibels A-Scale [dBA] 8-hour Time-Weighted Average [TWA], in excess of the OSHA PEL of 90 dBA, which was capable of causing hearing loss.  The employer had not ensured that feasible engineering and administrative controls, including but not limited to the installation of isolation barriers, baffles, sound-absorbing, or sound-damping materials were implemented to reduce employees exposure to occupational noise.      b)  Production Area - An employee, operating the Disa Shaker, was sampled for occupational noise exposure on October 21, 2015, for 480 minutes, at a level of approximately 199% of the allowable dose.  This was equivalent to an exposure of approximately 95 decibels A-Scale [dBA] 8-hour Time-Weighted Average [TWA], in excess of the OSHA PEL of 90 dBA, which was capable of causing hearing loss.  The employer had not ensured that feasible engineering and administrative controls, including but not limited to the installation of isolation barriers, baffles, sound-absorbing, or sound-damping materials were implemented to reduce employees exposure to occupational noise.      c)  Finishing Department - An employee, Blast Operator of Churns, was sampled for occupational noise exposure on October 21, 2015, for 480 minutes, at a level of approximately 157% of the allowable dose.  This was equivalent to an exposure of approximately 93 decibels A-Scale [dBA] 8-hour Time-Weighted Average [TWA], in excess of the OSHA PEL of 90 dBA, which was capable of causing hearing loss.  The employer had not ensured that feasible engineering and administrative controls, including but not limited to the installation of isolation barriers, baffles, sound-absorbing, or sound-damping materials were implemented to reduce employees exposure to occupational noise.        Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 9, 2016

Abate by

Apr 13, 2017

Penalty

Initial $4,900 · Current $3,500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(c)(2): Employee(s) were exposed to lead for more than eight -8 hours during the work day in excess of the reduced permissible exposure limit:    a)  In the Production Area - An employee, the Disa Pourer, was exposed to lead at a 10-Hour Time-Weighted Average (TWA) of 295 micrograms per cubic meter of air (µg/m3), approximately 7.36 times the 10-Hour Permissible Exposure Limit (PEL) of 40 µg/m3; the limit established to prevent lead poisoning.  The exposure level was derived from three samples collected over a 588-minute period, during one work shift on October 21, 2015.  Zero exposure was assumed for the unsampled time period of 12 minutes.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 9, 2016

Abate by

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 159181108111

General-duty citation text

29 CFR 1910.1025(e)(1)(i): For any employees exposed to lead above the permissible exposure limit for more than 30 days per year where engineering and work practice controls (including administrative controls) were feasible but did not reduce the employees' exposure to or below the permissible exposure limit the employer did not use engineering and/or work practice controls to reduce exposures to the lowest feasible level:    a)  In the Production Area - On October 21, 2015, an employee performing the Disa pouring operation was exposed to lead at a level of 295 micrograms per cubic meter of air over a 10-hour workshift, which is in excess of the Permissible Exposure Limit (PEL) of 40 micrograms per cubic meter of air for that workshift.  All feasible engineering, workpractice or administrative controls were not implemented to reduce that exposure to within the PEL or to the lowest achievable level.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.    Feasible means of abatement include, but are not limited to the following:     1. Install local exhaust ventilation over the ladle to move along the hoist track in order to capture the lead fume escaping the pour ladle.      2. Cover ALL of the dross pot containers in order to contain the fumes liberated from the alloy dross from the furnaces and the pour ladle.      3. Hang an overlapped transparent PVC curtain from the 3-4 feet above the head of the Disa Shaker Operator down to about 1-foot below the shaker mechanisms around the perimeter of each shaker station in order to prevent fugitive leaded pour ladle fumes from being drawn over to the Disa Shaker Operator's breathing zone by the Disa shaker exhaust ventilation, leaving the opening to the Disa shaker's exhaust ventilation open.      4. Have the current ventilation system's effectiveness, duct capture velocities, and ventilation system efficiencies evaluated by an outside engineering firm that specializes in toxic fume and combustible dust ventilation engineering in order to develop a ventilation system streamlining and efficiency improvement plan.      5. Hang an overlapped transparent PVC curtain between the operator and the Cut Off Saw Wheel in order to deflect the cut off tailings from the Operator's breathing zone, install focused local exhaust ventilation on each side of the Cut Off Saw Wheel in order to collect the cut off tailings, and/or place a transparent isolation barrier between the 2 Cut Off Stations to prevent cross-contamination from the cut off tailings.      6. Hang an overlapped transparent PVC curtain from the 3-4 feet above the grinding belt to about 1-foot below the grinding belt around the entire perimeter of each grinding station in order to prevent cross-contamination of the grind tailings between grinders and/or install more focused local exhaust ventilation at the point of operation on the grinding belt in order to collect the grind tailings.      7. Establish and enforce the work practice control of regular pour ladle lid and fiberglass wool replacement to provide better fume seals, and/or establish and enforce the work practice control of keeping the fugitive pour ladle fume out of the pourer's breathing zone while they raise or lower the pour ladle on the hoist.

Issued

Mar 9, 2016

Abate by

Apr 13, 2016

Penalty

Initial $3,500 · Current $2,900 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(1)(ii): Full shift personal samples for lead exposure were not collected including at least one sample for each shift for each job classification in each work area:    a)  In the Production, Cut Off, and Finishing Areas - On or about October 21, 2015, no initial determination of the extent of the area supervisors' personal airborne lead exposure concentrations had been done to determine if any of the supervising employees, working without respiratory protection in lead overexposure-regulated areas, were exposed to airborne lead concentrations at or above the action level of 30 micrograms per cubic meter of air (30 µg/m3) collected and averaged over the employees' full 10-hour workshifts.     Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 9, 2016

Abate by

Apr 13, 2016

Penalty

Initial $3,500 · Current $2,900 Reduced

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.1025(f)(2)(i): The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1910.1025 to use a respirator:    a)  In the Production, Cut Off, and Finishing Areas - On or about October 21, 2015, the employer failed to establish and implement a complete respiratory protection program in accordance with 29 CFR 1910.134(c) Respiratory Protection Program; (g) Respirator Use; (h) Respirator Maintenance and Care; (k) Respirator Training; and (l) Respirator Program Evaluation, for employees, exposed to airborne lead concentrations at or above the 10-Hour Time-Weighted Average Permissible Exposure Limit concentration of 40 micrograms per cubic meter of air (40 µg/m3), in that:      1.  The employer failed to establish and implement procedures for regularly evaluating the effectiveness of the respiratory protection program.     2.  The employer had not implemented respirator work rules which ensured the respirators were properly stored to protect them from cross-contamination of lead and cadmium-contaminated dust because the loose-fitting powered air purifying respirators with P100 HEPA filters were stored in open-air mesh cages in the 'dirty' locker room.      3.  The employer failed to conduct workplace evaluations in order to ensure that employees used the provided respiratory protection properly and were consulted on the effectiveness of the provided respiratory protection.      Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 9, 2016

Abate by

Apr 4, 2016

Penalty

Initial $4,900 · Current $3,500 Reduced

Hazardous substances 1591C141

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)  In the Production, Cut Off, and Finishing Areas - On or about October 21, 2015, the employer failed to ensure that employees did not possess or consume food or beverages in lead overexposure-regulated areas where employees were exposed to airborne lead concentrations at or above the 10-Hour Time-Weighted Average Permissible Exposure Limit concentration of 40 micrograms per cubic meter of air (40 µg/m3) because there was an operational drinking fountain being used throughout the day less than 10 feet from the unventilated Disa pigging station.   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 9, 2016

Abate by

Jun 30, 2016

Penalty

Initial $4,900 · Current $3,500 Reduced

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.1025(i)(4)(iv): Employees entering lunchroom facilities with protective work clothing or equipment were not required to remove surface lead dust by vacuuming, downdraft booth, or other cleaning method(s):  a)  In the Break Room - On or about October 21, 2015, the employer failed to ensure that surface lead contamination had been removed from the protective work clothing worn into the Break Room facilities because there was no vacuum, down draft booth, or other cleaning method available at the entrance to the Break Room.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 9, 2016

Abate by

Jun 30, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.1027(j)(4)(ii): The employer did not ensure that employees did not enter lunchroom facilities with protective work clothing or equipment without the surface cadmium being removed from the clothing and equipment by HEPA vacuuming or some other method that removes cadmium dust without dispersing it:  a)  In the Break Room - On or about October 21, 2015, the employer failed to ensure that surface cadmium contamination had been removed from the protective work clothing worn into the Break Room facilities because there was no HEPA vacuum or other method to remove cadmium-contaminated dust without dispersing it available for employees' use at the entrance to the Break Room.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 9, 2016

Abate by

Apr 13, 2016

Penalty

Initial $4,900 · Current $3,500 Reduced

Hazardous substances 1591

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 complete content of Appendices A and B of 29 CFR 1910.1025:    a)  Throughout the Worksite - On or about October 21, 2015, the employer had not ensured that employees, working where there was a potential airborne exposure to lead at any level were informed of the content of 29 CFR Part 1910.1025 Appendices A and B.       Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 9, 2016

Abate by

Apr 13, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.1027(m)(4): The employer did not institute and ensure participation in an understandable training program for employees potentially exposed to cadmium in that they were not informed of the required elements in section (m)(4)(iii)(A) thru (H) with a retained record of the covered content prior to assignment to and at least annually thereafter for work activities in cadmium exposure areas:  a)  In the Production Area - On or about October 21, 2015, the employer failed to ensure that employees, exposed to airborne cadmium concentrations above the action level concentration of 2.5 micrograms per cubic meter of air (2.5 µg/m^3), could demonstrate knowledge of the information outlined in 29 CFR 1910.1027(m)(4)(iii)(A)-(H).   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 9, 2016

Abate by

Apr 13, 2016

Penalty

Initial $3,500 · Current $2,900 Reduced

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.1027(d)(1)(i): The employer did not determine whether any employee was exposed to cadmium at or above the action level:  a)  In the Production, Cut Off, and Finishing Areas - On October 21, 2015, air monitoring determined that a metal pourer was exposed to airborne cadmium in excess of the OSHA Action level. Prior to this OSHA monitoring, no initial determination of the extent of airborne cadmium exposure had been done to determine if any employees were exposed to airborne cadmium concentrations at or above the action level of 2.5 micrograms per cubic meter of air (2.5 µg/m3).    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 9, 2016

Abate by

Jun 30, 2016

Penalty

Initial $3,500 · Current $2,900 Reduced

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.1027(l)(1)(i)(A): The employer did not institute a medical surveillance program for all employees who were or potentially were exposed to cadmium at or above the action level on 30 or more days per year (twelve consecutive months):  a)  In the Production Area - On or about October 21, 2015, a metal pourer was exposed to airborne cadmium in excess of the Action Level.  The employer failed to institute a medical surveillance program for employees in this job, currently exposed to airborne cadmium concentrations at or above the action level concentration of 2.5 micrograms per cubic meter of air (2.5 µg/m3) for more than 30 days per year.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 9, 2016

Abate by

Jun 30, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591C141

General-duty citation text

29 CFR 1910.1027(l)(1)(i)(B): The employer did not institute a medical surveillance program for all employees who could previously have been exposed to cadmium at or above the action level for an aggregated total of more than 60 months:  a)  In the Production Area - On or about October 21, 2015, the employer failed to institute a medical surveillance program for all employees, potentially previously exposed to airborne cadmium concentrations at or above the action level concentration of 2.5 micrograms per cubic meter of air (2.5 µg/m3) more than 30 days per year for an aggregated total of more than 5 years.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 9, 2016

Abate by

Jun 30, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(1)(ii): Appropriate protective work clothing and equipment was not provided when employee(s) were exposed to lead above the permissible exposure limit (PEL), without regard to the use of respirators, or where the possibility of skin or eye irritation exists, such as shoes or disposable shoe coverlets:  a)  In the Production, Cut Off, and Finishing Areas - On or about October 21, 2015, the employer failed to provide adequately protective foot wear at no cost to employees, exposed to airborne lead concentrations at or above the 10-Hour Time-Weighted Average Permissible Exposure Limit concentration of 40 micrograms per cubic meter of air (40 µg/m3).    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.