OSHA Inspection: ASPIRE OF WESTERN NEW YORK, INC.

Issued

Jul 21, 2017

Abate by

Aug 23, 2017

Penalty

Initial $10,864 · Current $9,000 Reduced

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 1910.9(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) Room 137, Adaptive Equipment Workshop- On or about 4/5/17, an employee was exposed to continuous noise at 82.86% of the permissible daily noise exposure (8-hour TWA sound level of 90 dBA) or an equivalent sound level of 91.8 dBA during the 309 minute sampling period using the 80 dBA threshold level.  Exposure calculations included a zero increment for the 171 minutes not sampled.  A continuing, effective hearing conservation program was not instituted.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(i)(1): The employer did not make hearing protectors available to all employees exposed to an 8-hour time-weighted average of 85 decibels or greater at no cost to the employees:  a) Room 137, Adaptive Equipment Workshop- On or about 4/5/17, an employee was exposed to continuous noise at 82.86% of the permissible daily noise exposure (8-hour TWA sound level of 90 dBA) or an equivalent sound level of 91.8 dBA during the 309 minute sampling period using the 80 dBA threshold level.  Exposure calculations included a zero increment for the 171 minutes not sampled.  The employer did not make hearing protectors available to all employees exposed to an 8-hour time weighted average of 85 decibels or greater.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $7,243 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):      (a) Room 137, Adaptive Equipment Workshop- On or about 2/22/17 - The employer did not conduct an appropriate workplace hazard assessment for the use of PPE.   An employee was not provided with appropriate safety glasses when exposed to wood particles from sawing and sanding.    (b) Room 137, Adaptive Equipment Workshop- On or about 2/22/17 - The employer did not conduct an appropriate workplace hazard assessment for the use of PPE.   An employee was not provided the appropriate gloves and was exposed to contact with STA'-PUT S100 adhesive which contained dichloromethane and trichloroethylene.        NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses 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) Room 137, Adaptive Equipment Workshop- On or about 2/22/17 - An employee's eyes were exposed to flying wood particles when cutting and/sanding wood using equipment such as, but not limited to, the Dayton band saw, Delta drill press, Makita routers, SawStop table saw, and Jet belt sander/disc grinders.   NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a): The employer did not select and require employee(s) to use appropriate hand protection when employees' hands were exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasion; punctures; chemical burns; thermal burns; and harmful temperature extremes.  (a) Room 137, Adaptive Equipment Workshop- On or about 2/22/17 - An employee's hands were exposed to skin absorption of harmful substances such as, but not limited to, dichloromethane and trichloroethylene present in  STA'-PUT S100 Contact Adhesive.  The employer did not select and require the employee to use appropriate hand protection such as Viton gloves.   NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Abate by

Aug 7, 2017

Penalty

Initial $7,243 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.213(b)(3): Provisions were not made to prevent woodworking machine(s) from automatically restarting upon restoration of power after power failure:    (a) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, the Jet belt sander/disc grinder, operating at 1,725 RPM (disc) and 2,258 RPM (belt), was used to sand wood.  It was not provided with an automatic restart prevention mechanism.    (b) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, the Dayton 14 inch band saw, operating at 1725 RPM, was used to cut wood.  It was not provided with an automatic restart prevention mechanism.    (c) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, the Delta drill press, operating at 1720 RPM, was used to drill holes in wood.  It was not provided with an automatic restart prevention mechanism.    (d) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, the Makita router (on Kreg table) operating at 22000 RPM, was used to remove wood.  It was not provided with an automatic prevention restart mechanism.    (e) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, the Makita router (on Craftsman table) operating at 22000 RPM, was used to remove wood.  It was not provided with an automatic restart prevention mechanism.    (f) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, the Milwaukee panel saw, operating at 5800 RPM, was used to cut wood.  It was not provided with an automatic restart prevention mechanism.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $5,432 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.303(b)(2): Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:    (a) Room 137, Adaptive Equipment Workshop - On or about 2/22/17, a relocatable power tap was attached to the Craftsman router base.  This power tap was used as an on/off switch for the Makita 3612 router.  The power tap was not used or installed in accordance with instructions included in the listing or labeling.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $7,243 · Current $0 Reduced

General-duty citation text

29 CFR 1910.305(g)(2)(iii): Flexible cords were not connected to devices and fittings so that tension would not be transmitted to joints or terminal screws:       a)     Room 137 Adaptive Equipment  Workshop - On or about 2/22/17, the power cord outer jacket was damaged on the Makita 3612 router (attached to a Kreg table). The router operates at 115 volts.  The cord exposed energized electrical conductors.     b)    Room 137 Adaptive Equipment Workshop - On or about 2/22/17, the power cord outer jacket was damaged on the Makita 3612 router (attached to a Craftsman table). The router operates at 115 volts.  The cord exposed energized electrical conductors.        NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $12,675 · Current $9,000 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(c)(1): The employer did not ensure that no employee(s) was exposed to an airborne concentration of methylene chloride in excess of twenty-five parts per million as an 8-hour TWA:    a) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, an employee was exposed to an 8-hour time weighted average (TWA) concentration permissible exposure limit (PEL) of 142 ppm of methylene chloride.  This level is approximately 5.68 times the PEL of 25 ppm.  The TWA exposure level is derived from 3-samples collected over 264 minutes.  Exposure calculations included a zero increment for the 216-minutes not sampled.      NO ABATEMENT DOCUMENTATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(c)(2): The employer did not ensure that no employee was exposed to an airborne concentration of methylene chloride in excess of 125 parts per million as determined over a sampling period of 15 minutes:    a) Room 137, Adaptive Equipment Workshop - On or about 2/22/17, an employee was exposed to an short term exposure limit (STEL) concentration of approximately 719.55 ppm of methylene chloride.  This level is approximately 5.75 times the STEL of 125 ppm.  The STEL exposure level is derived from one sampe collected over a 17-minute sampling period.    NO ABATEMENT DOCUMENTATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(1)(i)(A): The employer did not determine each employee's exposure by taking a personal breathing zone air sample of each employee's exposure:    a) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, an employee was exposed to an eight-hour time weighted average (TWA) concentration (permissible exposure limit) of 142 ppm of methylene chloride.  The employer did not determine each employee's exposure by taking a personal breathing zone air sample.    b) Room 137, Adaptive Equipment Workshop - On or about 2/22/17, an employee was exposed to a short term exposure limit (STEL) concentration of approximately 815.5 ppm of methylene chloride.  The employer did not determine each employee's exposure by taking a personal breathing zone sample.    NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(f)(1): The employer did not institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the permissible exposure limits and wherever the feasible engineering controls and work practices which can be instituted were not sufficient to reduce employee exposure to or below the 8-hour time weighted average permissible exposure limit or short term exposure limit, the employer did not use them to reduce employee exposure to the lowest levels achievable and did not supplement them by the use of respiratory protection that compiled with the requirements of 29 CFR 1910.1052(g):    a) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, an employee was exposed to an eight-hour time weighted average (TWA)  concentration (permissible exposure limit) of 142 ppm of methylene chloride.  The ceiling exhaust system did not reduce employee exposure to or below the permissible exposure limit.    b) Room 137, Adaptive Equipment Workshop - On or about 2/22/17, an employee was exposed to an short term exposure limit (STEL) concentration of approximately 815.5 ppm of methylene chloride.  The ceiling exhaust system did not reduce employee exposure to or below the STEL.     NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 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 for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to methylene chloride:    a) Room 137, Adaptive Equipment Workshop- On or about 2/22/17, an employee was exposed to an eight-hour time weighted average (TWA) concentration (permissible exposure limit) of 142 ppm of methylene chloride.  The employer did not provide information and training for each affected employee.    b) Room 137, Adaptive Equipment Workshop - On or about 2/22/17, an employee was exposed to a short term exposure limit (STEL) concentration of approximately 815.5 ppm of methylene chloride.  The employer did not determine each employee's exposure by taking a personal breathing zone sample.  The employer did not provide information and training for each affected employee.    NO ABATEMENT DOCUMENTATION REQUIRED

Issued

Jul 21, 2017

Abate by

Aug 23, 2017

Penalty

Initial $7,243 · Current $5,000 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)  On or about 2/6/17, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.  Employees in the room 137, Adaptive Equipment Workshop, use chemicals such as but not limited to STA'PUT S100 Contact Adhesive, which contains dichloromethane and trichloroethylene and Loctite High Performance Spray Adhesive which contains acetone, n-heptane, pentane, and propane/isobutene.    A written program should include descriptions of how the 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 hazard must also be addressed.  The written program must be made available upon request.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not have a safety data sheet for each hazardous chemical which they used:     a)  Room 137, Adaptive Equipment Workshop - On or about 2/6/17, the employer did not have a safety data sheet for each hazardous chemical which they used.  Safety data sheets were not provided for hazardous chemicals such as, but not limited to, STA'PUT S100 Contact Adhesive, which contains dichloromethane and trichloroethylene and Loctite High Performance Spray Adhesive which contains acetone, n-heptane, pentane, and propane/isobutane.      NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Abate by

Sep 15, 2017

Penalty

Initial $0 · Current $0

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) On or about 2/6/17, employees were not provided with effective information on hazardous chemicals in their work area.    Hazardous chemicals used included , but were not limited to, STA'PUT S100 Contact Adhesive, which contains dichloromethane and trichloroethylene and Loctite High Performance Spray Adhesive which contains acetone, n-heptane, pentane, and propane/isobutene.     Employees shall be informed of:    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 Material 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, Material Safety Data Sheets and how employees can obtain and use the appropriate hazard information.      ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Abate by

Sep 15, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(iv): Employee training did not include the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information:    a)  On or about 2/6/17, employee training did not include the details of the hazard communication system including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information.  Hazardous chemicals used included , but were not limited to, STA'PUT S100 Contact Adhesive, which contains dichloromethane and trichloroethylene and Loctite High Performance Spray Adhesive which contains acetone, n-heptane, pentane, and propane/isobutene.    ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 21, 2017

Abate by

Jul 26, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.22(a)(1): (1) All places of employment, passageways, storerooms, service rooms, and walking-working surfaces were not kept in a clean, orderly, and sanitary condition.  a) Electrical room adjacent to Room 137, Adaptive Equipment Workshop - On or about 2/6/17, minor amounts of wood dust were present on electrical equipment, the floor, and other working surfaces.  ABATEMENT CERTIFICATION REQUIRED