OSHA Inspection: UNGERER & COMPANY

Issued

May 25, 2016

Abate by

Jun 30, 2016

Penalty

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

Hazardous substances 1480

General-duty citation text

29 CFR 1910.120(q)(1): The employer did not develop and implement an emergency response plan to handle anticipated emergencies prior to commencement of emergency response operations:    a) Distillation Room: An emergency response plan that included all anticipated emergencies at the facility was not developed or implemented exposing employees to hydrogen sulfide when they tried to control the reaction and release of vapors, on or about March 11, 2016.

Issued

May 25, 2016

Penalty

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

Hazardous substances 1480

General-duty citation text

29 CFR 1910.1000(b)(2): Employee(s) were exposed to an airborne concentration of hydrogen sulfide listed in Table Z-2 in excess of the ceiling concentration of 20 parts per million (ppm):    a) Distillation Room: Employees were exposed to approximately 280 parts per million (ppm) hydrogen sulfide which is 14 times greater then the acceptable ceiling concentration of 20 ppm and approximately 5 times the acceptable maximum peak level of 50 ppm, on or about March 11, 2016.    No abatement certification or documentation required.

Issued

May 25, 2016

Abate by

Aug 29, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1480

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) Distillation Room: Employees were exposed to approximately 280 parts per million (ppm) hydrogen sulfide which is greater than the acceptable ceiling concentration and maximum peak level and appropriate feasible engineering controls were not implemented, on or about March 11, 2016.    Feasible abatement methods include but are not limited to:    1. Adequate scrubber system with appropriate maintenance.    2. A ventilation system that exhausts to the exterior of the facility.    3. Air gas detectors for appropriate gases such as but not limited to hydrogen sulfide and oxygen levels.    ABATEMENT STEPS ARE AS FOLLOW:    STEP 1 - As an interim measure, effective respiratory protection shall be provided to and used by exposed employees until feasible and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within permissible exposure limits.    STEP 2 - A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to hazardous substances as referenced in this citation. This plan shall include, at a minimum, target dates for the following actions which must be consistent with the dates required by this citation:    1.  Evaluation of engineering control options;    2.  Selection of optimum control method and completion of design;    3.  Procurement, installation and operation of selected control measures;    4.  Testing and acceptance or modification/redesign of controls.    Note: All proposed control measures shall be approved for each particular use by a competent industrial hygienist or other technically qualified person. Ninety- (90) day progress reports are required during the abatement period.  (The 90 day requirement can be shortened or lengthened by the area director depending on the specific circumstances.)    STEP 3 - Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance.

Issued

May 25, 2016

Abate by

Jul 15, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR 1910.134(a)(2): A respirator was not provided by the employer to each employee when such equipment was necessary to protect the health of the employee:    a) Distillation Room: Employees were exposed to approximately 280 parts per million (ppm) hydrogen sulfide which is greater than the acceptable ceiling concentration and maximum peak level and the employer did not provide the employees with an appropriate respirator, on or about March 11, 2016.

Issued

May 25, 2016

Abate by

Jun 5, 2016

Penalty

Initial $3,400 · Current $2,400 Reduced

General-duty citation text

29 CFR 1910.1200(g)(2): The chemical manufacturer or importer or employer 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) Facility wide: The safety data sheet prepared for Grill Flavor Liquid 5078 did not contain accurate information in Section 2, on or about March 11, 2016.       b) Facility wide: The safety data sheet prepared for L-Cysteine HCL Monohydrate Natural K did not contain accurate information in Section 2, Section 3 and Section 5, on or about March 11, 2016.      c) Facility wide: The safety data sheet prepared for Maltrin M-100 K did not contain accurate information in Section 2, Section 5, Section 7, and Section 10, on or about March 11, 2016.    Note: Safety data sheets should be corrected with accurate information, corrected safety data sheets shall be present in the facility and transmitted to all customers with the next shipment of the chemical.     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 that employees and their representatives were informed of this abatement.

Issued

May 25, 2016

Abate by

Jun 30, 2016

Penalty

Initial $35,000 · Current $17,300 Reduced

Hazardous substances 1480

General-duty citation text

29 CFR 1910.120(q)(6)(iii): Employees who participated as hazardous materials technicians, or were expected to participate as hazardous materials technicians, had not received at least 24 hours of training equal to the first responder operations level, and in addition have competency in the areas outlined in 29 CFR 1910.120(q)(6)(iii)(A) through (q)(6)(iii)(I) and/or the employer did not so certify:    a) Distillation Room: Employees who acted as hazardous materials technicians when they tried to control a reaction and stop the release of hydrogen sulfide vapors were not provided 24 hours of training as described in the standard, on or about March 11, 2016.    UNGERER & COMPANY WAS PREVIOUSLY CITED FOR A VIOLATION OF AN EQUIVALENT OCCUPATIONAL SAFETY AND HEALTH STANDARD 29 CFR 1910.120(q)(6) WHICH WAS INCLUDED IN INSPECTION NUMBER 909481, CITATION NUMBER 1, ITEM NUMBER 5, AND WAS AFFIRMED AS A FINAL ORDER ON AUGUST 2, 2013, WITH RESPECT TO A WORKPLACE LOCATED AT 110 N COMMERCE WAY, BETHLEHEM, PA.

Issued

May 25, 2016

Abate by

Jun 15, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR 1910.1200(h)(3)(i): The employee training did not include the methods and observations used to detect the presence or release of a hazardous chemical in the work area:    a) Distillation Room: Employees conducting reactions in the stills that could release hydrogen sulfide were not provided information about the methods and observations necessary to detect the presence or release of hazardous chemicals, on or about March 11, 2016.    UNGERER & COMPANY WAS PREVIOUSLY CITED FOR A VIOLATION OF AN EQUIVALENT OCCUPATIONAL SAFETY AND HEALTH STANDARD 29 CFR 1910.1200(h)(3)(iii) WHICH WAS INCLUDED IN INSPECTION NUMBER 909481, CITATION NUMBER 1, ITEM NUMBER 5, AND WAS AFFIRMED AS A FINAL ORDER ON AUGUST 2, 2013, WITH RESPECT TO A WORKPLACE LOCATED AT 110 N COMMERCE WAY, BETHLEHEM, PA.

Issued

May 25, 2016

Abate by

Jun 15, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:    a) Distillation Room: Employees conducting reactions that could release hydrogen sulfide were not provided information about the physical and health effects of the byproduct chemicals, on or about March 11, 2016.    UNGERER & COMPANY WAS PREVIOUSLY CITED FOR A VIOLATION OF AN EQUIVALENT OCCUPATIONAL SAFETY AND HEALTH STANDARD 29 CFR 1910.1200(h)(3)(iii) WHICH WAS INCLUDED IN INSPECTION NUMBER 909481, CITATION NUMBER 1, ITEM NUMBER 5, AND WAS AFFIRMED AS A FINAL ORDER ON AUGUST 2, 2013, WITH RESPECT TO A WORKPLACE LOCATED AT 110 N COMMERCE WAY, BETHLEHEM, PA.

Issued

May 25, 2016

Abate by

Jun 15, 2016

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR 1910.1200(h)(3)(iii): Employee training did not include the measures employees can take to protect themselves from chemical hazards, including specific procedures the employer had implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures and personal protective equipment to be used:    a) Distillation Room: Employees conducting reactions in the stills that could release hydrogen sulfide were not provided information about the measures they could use to protect themselves from the byproduct chemicals including work practices, emergency procedures and personal protective equipment, on or about March 11, 2016.    UNGERER & COMPANY WAS PREVIOUSLY CITED FOR A VIOLATION OF AN EQUIVALENT OCCUPATIONAL SAFETY AND HEALTH STANDARD 29 CFR 1910.1200(h)(3)(iii) WHICH WAS INCLUDED IN INSPECTION NUMBER 909481, CITATION NUMBER 1, ITEM NUMBER 5, AND WAS AFFIRMED AS A FINAL ORDER ON AUGUST 2, 2013, WITH RESPECT TO A WORKPLACE LOCATED AT 110 N COMMERCE WAY, BETHLEHEM, PA.