OSHA Inspection: FEARBY ENTERPRISES, INC.

Issued

Apr 13, 2017

Penalty

Initial $3,622 · Current $0 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not establish and implement a written respiratory protection program with worksite-specific procedures in any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer:    a) Throughout Establishment - On or about 10/17/16, the employer had not developed and implemented a written respiratory protection program for employees who are required, by the employer, to wear half-mask air-purifying respirators while working with PS-2L/KK #355 Remover (stripper containing 50-100% methylene chloride) to clean parts.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  a) Throughout Establishment - On or about 10/17/16, the employer did not provide a medical evaluation to employees who are required, by the employer, to wear half-mask air-purifying respirators while working with  PS-2L/KK #355 Remover (stripper containing 50-100% methylene chloride) to clean parts.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator and at least annually thereafter.  a) Throughout Establishment - On or about 10/17/16, employees who were required, by the employer, to wear half-mask air-purifying respirators while working with PS-2L/KK #355 Remover (stripper containing 50-100% methylene chloride) to clean parts were not fit-tested prior to the initial use of the respirator.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to employees who are required to wear respirators and ensure that each employee could demonstrate knowledge of the requirements contained in 1910.134(k)(1)(i) - (vii):  a) Throughout Establishment - On or about 10/17/16, the employer did not provide training to employees who are required, by the employer, to wear half-mask air-purifying respirators while working with  PS-2L/KK #355 Remover (stripper containing 50-100% methylene chloride) to clean parts.  The employees could not demonstrate knowledge of at least the following:  1)     Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect         of the respirator; 2)    What the limitations and capabilities of the respirator are; 3)    How to inspect, put on and remove, use, and check the seals of the respirator; 4)    What the procedures are for maintenance and storage of the respirator; 5)     How to recognize medical signs and symptoms that may limit or prevent the effective use of the respirator; 6)     AND the general requirements of this section.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Abate by

May 15, 2017

Penalty

Initial $3,622 · Current $0 Reduced

General-duty citation text

29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:    a) Powder Coating Curing Oven - On or about 10/17/16, the employer did not evaluate the powder coating curing oven to determine whether or not it was a permit-required confined space.  Employees enter the oven daily to pick up parts that have fallen off the conveyor system.      ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Abate by

May 15, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:  a) Powder Coating Curing Oven - On or about 10/17/16, employees entered the oven daily to clean up fallen parts.  An entry permit was not completed.   ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Abate by

May 15, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:  a) Powder Coating Curing Oven - On or about 10/17/16, the employer did not provide training to employees who enter the oven to pick up parts that have fallen.  Employees enter the oven daily.  ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Abate by

May 15, 2017

Penalty

Initial $3,622 · Current $2,500 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:    a) Powder Coating Line - On or about 10/17/16,  employees perform servicing and maintenance activities on equipment including, but not limited to, the Powder Coating Curing Oven which had multiple energy sources including heat (via natural gas), and electric were not protected from unexpected energization or start-up. Specific procedures were not developed, documented, and utilized for the control of potentially hazardous energy when employees were performing servicing or maintenance.      ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Abate by

May 15, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(7)(i)(A): Each authorized employee did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control:  a) Powder Coating Line- On or about 3/7/16,  employees performed servicing and/or maintenance and were exposed to injury from unexpected energization of equipment such as, but not limited to, the powder coating curing oven which has multiple energy sources.  Employees had not received training in the recognition of applicable hazardous energy sources, and the methods necessary for energy isolation and control.  ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $2,897 · Current $0 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(ii): The employer did not ensure that each operator had successfully completed the training required by paragraph (l), except as permitted by paragraph (l)(5), prior to permitting an employee to operate a powered industrial truck:    a) Throughout Facility - On or about 10/17/16, employees operate various fork trucks every day to move material throughout the facility as well as to load products on to trucks.  Employees have not received the required training nor were the operators' performance evaluated in the workplace.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $3,622 · Current $2,500 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(2): The employer, whose employees are exposed to methylene chloride, did not perform initial exposure monitoring in order to determine each affected employee's exposure:    a) Stripping Area - On or about 10/17/16, employees were using PS-2L/KK #355 Remover (containing 50-100% methylene chloride) to clean and strip powder coated parts.  The employer did not conduct an initial exposure assessment in order to determine employee exposures to methylene chloride.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(g)(3)(i): The employer did not select and provide to employees, the appropriate atmosphere-supplying respirator specified in 29 CFR 1910.134(d)(3)(i)(A) and selected or used half masks:  a) Stripping Area - On or about 10/17/16, employees working with Chemisphere PS-2L/KK #355 Remover (containing 50-100% methylene chloride) were not provided with the appropriate respiratory protection.  Employees, at times but not always, wore 3M half-mask air-purifying respirators, not atmosphere-supplying as required.  ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(h)(1):  The employer did not provide clean protective clothing and equipment which is resistant to methylene chloride, and ensure that each affected employee used it, when it was needed to prevent MC-induced skin or eye irritation.  Eye and face protection shall meet the requirements of 29 CFR 1910.133.  a) Stripping Area - On or about 10/17/16 - employees working with Chemisphere PS-2L/KK #355 Remover (containing 50-100% methylene chloride) were not provided with protective clothing and equipment which was resistant to methylene chloride.  Employees wore their regular street clothes.  ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(i)(2): When there was a possibility that an employee's eyes could be splashed with solutions containing 0.1 percent or greater methylene chloride (for example through splashes, spills or improper work practices), the employer did not provide acceptable eyewash facilities within the immediate work area for emergency use:    a) Stripping Area - On or about 10/17/16, the employer did not provide acceptable eyewash facilities and/or did not ensure that adequate eyewash facilities were available to employees using  Chemisphere PS-2L/KK #355 Remover (containing 50-100% methylene chloride) to strip powder coated parts.  ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(l)(1): The employer did not provide information and training to each affected employee prior to or at the time of initial assignment to a job involving potential exposure to methylene chloride.  a) Stripping Area - On or about 10/17/16, employees were using Chemisphere PS-2L/KK #355 Remover, which contains 50-100% methylene chloride, to strip powder coating from parts.  The employer did not provide employees with information and training for potential exposure to methylene chloride.  ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Abate by

Apr 28, 2017

Penalty

Initial $3,622 · Current $2,000 Reduced

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) Throughout Establishment - On or about 10/17/16, the employer did not develop and implement a written hazard communication program for employees who work daily with materials such as, but not limited to,   Chemisphere PS-2L/KK #355 Remover (containing 50-100% methylene chloride), Amrex ALR-10 (containing toluene, methanol, and acetone), and denatured alcohol (containing ethyl alcohol and methanol).    A written program should include descriptions of how criteria for:    1) Labeling and other forms of warning;  2) Safety Data Sheets; AND  3) Employee information and training will be met.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards must also be addressed.  The written program must be made available upon request.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 13, 2017

Abate by

Apr 28, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h): Employees were not provided effective information and training as specified in 29 CFR 1910.1200(h)(1) and -2 on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:  a) Throughout Establishment - On or about 10/17/16, employees working with materials such as, but not limited to, Chemisphere PS-2L/KK #355 Remover (containing 50-100% methylene chloride), Amrex ALR-10 (containing toluene, methanol, and acetone), and denatured alcohol (containing ethyl alcohol and methanol) had not received the required information and training.     Employees shall be informed of the following:  1) The requirements of this section; 2) Any operations where hazardous chemicals are present; AND 3) The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals, and Safety      Data Sheets.  Employee training shall include at least:  1) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the      work area. 2) The physical and health hazards of the chemicals in the work area. 3) The measures employees can take to protect themselves such as specific procedures, appropriate work practices,     emergency procedures and personal protective equipment to be used. 4) The details of the employers Hazard Communication Program including an explanation of labeling systems, Safety      Data Sheets, and how employees can obtain and use the appropriate hazard information.  ABATEMENT CERTIFICATION REQUIRED