OSHA Inspection: BIRDON AMERICA, INC.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $2,975 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.178(m)(3): The employer did not ensure that unauthorized personnel shall not be permitted to ride on powered industrial trucks and also failed to provide a safe place to ride where riding of trucks is authorized:    (a)  Birdon America Inc, at 4965 Kingston Street, Denver, CO: On or about 12/23/15, an employee was exposed to a fall hazard.  An employee was elevated to a height of approximately twenty feet above ground level using a Nissan model KUGH02A30V powered industrial truck.  The employee was standing upon a wooden pallet resting upon the forklift blades. The employee was using a body harness and a lanyard to tie off to the load backrest.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $1,785 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee use appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:     (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On 2/17/16, the employer did not ensure that each affected employee use appropriate eye or face protection when exposed to eye or face hazards from flying particles.  One employee performed grinding operations on aluminum.  The employee was exposed to flying particles.  The employee was wearing prescription eyeglasses.  The eyeglasses were not safety rated eye protection.  This condition exposed the employee to a flying object hazard.    (b) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On 2/17/16, the employer did not ensure that each affected employee use appropriate eye or face protection when exposed to eye or face hazards from flying particles.  One employee operating an Okuma CNC lathe (The Captain L47OM) was exposed to flying particles.  The employee was wearing prescription eyeglasses.  The eyeglasses were not safety rated eye protection.  This condition exposed the employee to a flying object hazard.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $2,975 · Current $2,975

General-duty citation text

29 CFR 1910.134(a)(2):  The employer did not establish and maintain a respiratory protection program which included the requirements outlined in paragraph (c) of 29 CFR 1910.134:    (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On 2/17/16, the employer did not establish and maintain a respiratory protection program where respiratory protection was required. On 2/17/16 one employee performing grinding and welding of aluminum was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than the 8 hour Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 15.0 mg/m3.  The employee was exposed to PNOR (total dust) at a concentration of 22.448 mg/m3 as an 8 hour TWA.  This is 1.5 times the PEL.  Air monitoring was conducted for 444 minutes.  The employer did not establish and maintain a respiratory protection program.  This condition exposed the employee to a respiratory hazard.

Issued

Jun 13, 2016

Abate by

Jul 14, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):    (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On 2/17/16, the employer did not ensure that feasible administrative or engineering controls were determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d).  On 2/17/16 one employee performing grinding and welding of aluminum was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than the 8 hour Time Weighted Average (TWA) Permissible Exposure Limit (PEL) of 15.0 mg/m3.  The employee was exposed to PNOR (total dust) at a concentration of 22.448 mg/m3 as an 8 hour TWA.  This is 1.5 times the PEL.  Air monitoring was conducted for 444 minutes.  Feasible administrative or engineering controls were not determined and implemented to achieve compliance. This condition exposed the employee to a respiratory hazard.       Abatement Note:  Abatement of this item will normally be multi-step as follows:    1.  Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.    STEP 1 ABATEMENT DATE (15 DAYS):    2.  Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and /or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:    a.  Evaluation of the extent and location of the hazard source;  b.  Evaluation of control measure options;  c.  Selection of optimum control measures;  d.  Determination of control measure design;  e.  Ordering and delivery of equipment;  f.  Installation of control measures;  g.  Training of employees in proper operation and maintenance of newly implemented control measures; and  h.  Assurance of the effective performance of control measures.    All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.    STEP 2 ABATEMENT DATE (60 DAYS):    3.  Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.    STEP 3 ABATEMENT DATE (90 DAYS):

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $2,380 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.178(l)(3)(ii)(B): The employer did not ensure that powered industrial truck operators received initial training on work-related topics to include composition of loads to be carried and load stability:    (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On and preceding 2/5/16, the employer did not ensure that powered industrial truck operators received initial training on work-related topics to include composition of loads to be carried and load stability.  Sections of twenty foot long sheet metal were transported from trailers to a storage rack.  The employer utilized two powered industrial trucks in tandem to transport the sheet metal.  Employees operated a Nissan model KUGH02A30V powered industrial truck and a Hyster model S80FTBCS powered industrial truck to perform this task.  The employees had not received specific work-related training with regards to the load, stability, and movement of the forklifts during this type of operation.  This condition exposed employees to a powered industrial truck hazard.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $2,975 · Current $4,525

General-duty citation text

29 CFR 1910.212(a)(3)(ii): Points of operation of machinery were not guarded to prevent employees from having any part of their body in the danger zones during operating cycles:    (a)  Birdon America Inc., at 4965 Kingston Street, Denver, CO: On and preceding 2/5/16, the employer did not ensure that machine guarding was provided to protect the operator and other employees from a hazard such as those created by point of operation.  Employees operated the Atlantic model HDE225.12 press brake to make small parts for boat manufacturing.  The employees placed both hands approximately three inches from the point of operation when forming the parts.  The press brake was not provided with machine guarding.  A physical barrier preventing contact with the point of operation was not provided.  This condition exposed employees to an amputation hazard.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $1,785 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.1200(f)(6)(i): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the information required by 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(v):    (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On 2/5/16, the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the information required by 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(v).  Employees operated machine tools, including press brakes and lathes.  Machine tool lubricants were contained within secondary containers, ie spray bottles.  The secondary containers were not labeled with the identity of their contents or required hazard information.  This condition exposed employees to chemical hazards.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify that the required workplace hazard assessment had been performed through a written certification which included the requirements as outlined in 29 CFR 1910.132(d):    (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On and preceding 2/5/16, the employer did not verify that the required workplace hazard assessment had been performed through a written certification which included the requirements as outlined in 29 CFR 1910.132(d).  Employees performed operations where they were exposed to inhalation, flying particle, light radiation, and struck by hazards, including but not limited to the following:    1.  Exposure to inhalation hazards when employees perform welding or grinding operations on aluminum or stainless steel;  2.  Exposure to flying particles when grinding;   3.  Exposure to struck by (head injury) hazards when working within the boats; and  4.  Exposure to injurious light rays when welding.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(ii): Where respirator use is not required, the employer did not establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user:    (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On and preceding 2/17/16, the employer did not ensure that where respirator use was not required, the employer established and implemented those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator.  Employees performed welding and grinding operations on aluminum and stainless steel.  The processes generated welding fume and dust.  The employer allowed employees to voluntarily wear MillerWelds LPR-100 half mask air purifying respirators with P100 filters.  The employer did not ensure that all employees were provided with a medical evaluation to determine the employee's ability to use a respirator.  This condition potentially exposed employees to a respiratory hazard.

Issued

Jun 13, 2016

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of this section, in any written or oral format to employees who wear respirators when such use is not required by this section or by the employer:    (a) Birdon America Inc., at 4965 Kingston Street, Denver, CO: On and preceding 2/17/16, the employer did not provide the basic advisory information on respirators, as presented in Appendix D of this section, in any written or oral format to employees who wear respirators when such use is not required by this section or by the employer.  Employees performed welding and grinding operations on aluminum and stainless steel.  The processes generated welding fume and dust.  The employer allowed employees to voluntarily wear MillerWelds LPR-100 half mask air purifying respirators with P100 filters.  The employer did not provide basic advisory information on respirators.  This condition potentially exposed employees to a respiratory hazard.