OSHA Inspection: LIBERTY IRON AND METAL HOLDINGS

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $7,243 · Current $4,350 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:     a) Liberty Iron and Metal Holdings DBA Mercer Company- The employer had not developed and implemented a comprehensive hearing conservation program. On or about February 22, 2017, the following noise exposures were measured:      A burner was exposed to a mixed noise level of 95.9 dBA or an equivalent dose of 227.7 %, as an 8-hour TWA, while conducting torch cutting operations.  This level was based on 416 minutes of sampling; zero exposure was considered for the unsampled time.

Issued

Apr 12, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:   a) Liberty Iron and Metal Holdings DBA Mercer Company- The employer had not developed and implemented a noise monitoring program. On or about February 22, 2017, the following noise exposures were measured:   A burner was exposed to a mixed noise level of 95.9 dBA or an equivalent dose of 227.7 %, as an 8-hour TWA, while conducting torch cutting operations. This level was based on 416 minutes of sampling; zero exposure was considered for the unsampled time.

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:    a) Liberty Iron and Metal Holdings DBA Mercer Company- The employer did not provide hearing conservation training for employees exposed to noise above the action level. On or about February 22, 2017, the following noise exposures were measured:    A burner was exposed to a mixed noise level of 95.9 dBA or an equivalent dose of 227.7 %, as an 8-hour TWA, while conducting torch cutting operations. This level was based on 416 minutes of sampling; zero exposure was considered for the unsampled time.

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(l)(1): The employer did not make available to affected employees or their representatives copies of 29 CFR 1910.95 and did not post a copy in the workplace:    a) Liberty Iron and Metal Holdings DBA Mercer Company- The employer did not ensure a copy of 29 CFR 1910.95 was available to employees exposed to noise above the action level. On or about February 22, 2017, the following noise exposures were measured:    A burner was exposed to a mixed noise level of 95.9 dBA or an equivalent dose of 227.7 %, as an 8-hour TWA, while conducting torch cutting operations. This level was based on 416 minutes of sampling; zero exposure was considered for the unsampled time.

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $10,864 · Current $6,500 Reduced

Hazardous substances 1520

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of Iron Oxide, listed in Table Z-1, in excess of the 8 hour Time Weighted Average concentration of 10 mg/m³.    a.) Liberty Iron and Metal Holdings DBA Mercer Company -  On or about February 22, 2017, and times prior thereto:  A burner, performing torch cutting operations, was exposed to iron oxide at an 8 hour Time-Weighted Average level of approximately  11.8 mg/m³, which is approximately 1.2 times the Permissible Exposure Limit of 10 mg/m³ for iron oxide. The exposure level is derived from a sample collected over 346 minutes; the calculations include a zero value for the 134 minutes not sampled.      b.) Liberty Iron and Metal Holdings DBA Mercer Company -  On or about February 22, 2017, and times prior thereto:  A burner, performing torch cutting operations, was exposed to iron oxide at an 8 hour Time-Weighted Average level of approximately  18.9 mg/m³, which is approximately 1.9 times the Permissible Exposure Limit of 10 mg/m³ for iron oxide. The exposure level is derived from a sample collected over 413 minutes; the calculations include a zero value for the 67 minutes not sampled.

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1520

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.) Liberty Iron and Metal Holdings DBA Mercer Company -  On or about February 22, 2017, and times prior thereto:  A burner, performing torch cutting operations, was exposed to iron oxide at an 8 hour Time-Weighted Average level of approximately  11.8 mg/m³, which is approximately 1.2 times the Permissible Exposure Limit of 10 mg/m³ for iron oxide. The exposure level is derived from a sample collected over 346 minutes; the calculations include a zero value for the 134 minutes not sampled. The employer did not determine and implement administrative and engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d).      b.) Liberty Iron and Metal Holdings DBA Mercer Company -  On or about February 22, 2017, and times prior thereto:  A burner, performing torch cutting operations, was exposed to iron oxide at an 8 hour Time-Weighted Average level of approximately  18.9 mg/m³, which is approximately 1.9 times the Permissible Exposure Limit of 10 mg/m³ for iron oxide. The exposure level is derived from a sample collected over 413 minutes; the calculations include a zero value for the 67 minutes not sampled. The employer did not determine and implement administrative and engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d).

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1520

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.) Liberty Iron and Metal Holdings DBA Mercer Company -  On or about February 22, 2017, and times prior thereto:  A burner, performing torch cutting operations, was exposed to iron oxide at an 8 hour Time-Weighted Average level of approximately  11.8 mg/m³, which is approximately 1.2 times the Permissible Exposure Limit of 10 mg/m³ for iron oxide. The exposure level is derived from a sample collected over 346 minutes; the calculations include a zero value for the 134 minutes not sampled. The employer did not determine and implement administrative and engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d).  The employer did not require the burner to wear respiratory protection.      b.) Liberty Iron and Metal Holdings DBA Mercer Company -  On or about February 22, 2017, and times prior thereto:  A burner, performing torch cutting operations, was exposed to iron oxide at an 8 hour Time-Weighted Average level of approximately  18.9 mg/m³, which is approximately 1.9 times the Permissible Exposure Limit of 10 mg/m³ for iron oxide. The exposure level is derived from a sample collected over 413 minutes; the calculations include a zero value for the 67 minutes not sampled. The employer did not determine and implement administrative and engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d). The employer did not require the burner to wear respiratory protection.

Issued

Apr 12, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1520

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  a.) Liberty Iron and Metal Holdings DBA Mercer Company -  On or about November 17, 2016, and times prior thereto: The employer did not determine employee exposure to metal fumes, during torch cutting operations.

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $7,243 · Current $4,350 Reduced

Hazardous substances 15201620

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    a.) Liberty Iron and Metal Holding DBA Mercer Company -  On or about November 17, 2016, and times prior thereto:  employees worked with and around various types of hazardous chemicals and substances including, but not limited to, Iron Oxide, Manganese, and various other metal fumes, during torch cutting operations. Employer had not provided employees with information and training about hazardous chemicals in the workplace.

Issued

Apr 12, 2017

Abate by

Jun 30, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 15201620

General-duty citation text

29 CFR 1910.141(a)(3)(i): Places of employment were not kept clean to the extent that the nature of the work allowed:      a.) On or about February 22, 2017, wipe samples were obtained from lunch room tables.  A cleaning schedule for the tables had not been implemented.  Analytical results indicated the presence of toxic metals, as follows:    1.) Table next to door in Burner's break room: 1681.7 ug (micrograms) Iron Oxide; and     2.) Table across from door in Burner's break room: 1231.4 ug (micrograms) Iron Oxide.