OSHA Inspection: JC PENNY

Issued

Oct 13, 2015

Abate by

Dec 1, 2015

Penalty

Initial $5,000 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.22(d)(1): On every building or other structure, or part thereof, used for mercantile, business, industrial or storage purposes, the loads approved by the building official were not marked on plates of approved design and securely affixed in a conspicuous place in each space to which they relate:  a. There was no floor loading sign at and for the upper stockroom.  (Multiple potential deficiencies existed with this structure, including, but not limited to, load bearing floor truss not resting on a vertical support (nominal 4x4), which had become displaced, a questionable T-vertical support upon which floor trusses were resting and which supported much of the central structure, 2x4's being used as floor trusses, and nominal 2x2's potentially being used as vertical load bearing supports.)  b. There were no floor loading signs at the storage bays where merchandise was stored, but when no merchandise was present could be walked on.  (There were no barriers or any other means to keep employees from walking into and on the bay floor panels that were not designed as a walking/work surface.)  Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citation(s).

Issued

Oct 13, 2015

Penalty

Initial $6,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.36(d)(1): Employee(s) were not able to open an exit route door from the inside at all times without keys, tools, or special knowledge:  a. In the trash compactor room, a locking latch was installed that when the door to the compactor room was closed, the door could not be opened from the inside.  An employee was trapped in the room for approximately 25 minutes during the week of September 28, 2015.  The room was subject to an elevated temperature compared to the inside of the building, with the walls and roof surrounding the compactor directly exposed to sunlight.

Issued

Oct 13, 2015

Abate by

Dec 1, 2015

Penalty

Initial $3,000 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(ii): The energy control procedures did not clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, including, but not limited to Items of this section:  a. A specific lockout procedure was not established for the trash compactor, including identification of the energy sources, energy isolation device(s) to be used for lockout (there was more than one energy isolation device that could be mistakenly used for lockout), and a specific method for testing to ensure energy isolation.  (As a result of the event that occurred during the week of September 28, 2015, when an employee was trapped inside the trash compactor room, an additional energy source became evident which was exposure to thermal energy.  The specific lockout procedure should include the method to prevent exposure to heat stress.)  Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citation(s).

Issued

Oct 13, 2015

Abate by

Dec 1, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(7)(i): The employer did not provide adequate training to ensure that the purpose and function of the energy control program was understood by employees:  a. Where employees loaded a trash compactor, and occasionally opened the guard door to the hopper in order to dump trash bin carts into the hopper, there was no formal and documented training program to ensure that employees understood what were the trash compactor energy sources, which energy isolating device was to be used, how to lockout and how to control the key to the lock, and how to test to ensure that energy was isolated.  Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citation(s).

Issued

Oct 13, 2015

Abate by

Dec 1, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(7)(iv): The employer did not certify that employee training had been accomplished and kept up to date:  a. Where employees loaded a trash compactor, and occasionally opened the guard door to the hopper in order to dump trash bin carts into the hopper, no lockout training was documented.  Abatement certification and abatement documentation is required for this violation.  The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful.  The abatement certification sheet is enclosed with the citation(s).