OSHA Inspection: TMS INTERNATIONAL, LLC

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

Initial $9,054 · Current $9,000 Reduced

General-duty citation text

29 CFR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:  a) Bag House/Cutting area: On approximately March 29, 2017 and April 11, 2017, employees did not use adequate personal protective equipment to prevent burns from splatter during cutting/lancing operations.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

Initial $12,675 · Current $10,500 Reduced

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(c): Employees were exposed to an airborne concentration of chromium (VI) which exceeded 5 micrograms per cubic meter of air, as an 8-hour time-weighted average:  a) Bag House Area: on April 12, 2017 and times prior, the employer exposed an employee to airborne Hexavalent chromium at an 8 hour calculated Time Weighted Average (TWA) of  0.0085 milligrams per cubic meter of air which is 1.707 times the calculated 8 hour time weighted average PEL of 0.005 milligrams per cubic meter of air while cutting scrap steel. Results were calculated for a 480 minute sampling period.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(e)(2): The employer did not ensure that a regulated area for chromium (VI) was demarcated from the rest of the workplace in a manner that adequately established and alerted employees of the boundaries of the regulated area:  a) Bag House/Cutting area: on April 12, 2017 and times prior, the employer failed to establish a regulated area that demarcated in a manner that alerted employees of the hazard.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(h)(2)(i): The employer did not ensure that employees removed all protective clothing and equipment contaminated with chromium (VI) at the end of the work shift or at the completion of their tasks involving chromium (VI) exposure, whichever came first:  a) Bag House/Cutting area: on April 12, 2017 and times prior, the employer did not require the removal of contaminated clothing or equipment from the area.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(h)(2)(ii): The employer did not ensure that no employee removed chromium (VI)-contaminated protective clothing or equipment from the workplace, except for those employees whose job it was to launder, clean, maintain, or dispose of such clothing or equipment:  a) Bag House/Cutting area: on April 12, 2017, and times prior, the employer did not ensure that no employee removed chromium (VI) contaminated protective clothing or equipment from the workplace, except for those employees whose job it was to launder, clean, maintain, or dispose of such clothing or equipment.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(h)(2)(iii): Chromium (VI)-contaminated protective clothing or equipment was removed for laundering, cleaning, maintenance, or disposal; however, the employer did not ensure that it was stored and transported in sealed, impermeable bags or other closed, impermeable containers:  a) Bag House/Cutting area: on April 12, 2017, and times prior, the employer did not ensure that contaminated equipment and clothing was stored and transported in sealed, impermeable bags, or other closed, impermeable containers.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(h)(2)(iv): The employer did not ensure that bags or containers of contaminated protective clothing or equipment that were removed from change rooms for laundering, cleaning, maintenance, or disposal were labeled in accordance with the requirements of the Hazard Communication Standard, 29 CFR 1910.1200:  a) Bag House/Cutting area change room and main change room: on April 12, 2017, and times prior, the employer did not provide bags or containers labeled for the placement of contaminated clothing or equipment.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(i)(1): The employer did not provide change rooms, in conformance with the Sanitation standard, 29 CFR 1910.141, for employees who were required to change their clothes to use protective clothing and equipment for chromium (VI) exposures:  a) Bag House/Cutting area: on April 12, 2017, and times prior, the employer did not provide change rooms in accordance with 29 CFR 1910.141(e).

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(i)(3)(i): Readily accessible washing facilities capable of removing chromium (VI) from the skin were not provided by the employer at a worksite with chromium (VI) exposures:  a) Bag House/Cutting area: on April 12, 2017, and times prior, the employer did not provide washing facilities readily available for employees to wash exposed body parts.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(k)(1)(i): The employer did not make medical surveillance for chromium (VI) exposures available at no cost to the employees, and/or at a reasonable time and place:  a) Bag House/Cutting area: on April 12, 2017, and times prior, the employer did not make medical surveillance for chromium (VI) exposures available at no cost to the employees.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

Initial $12,675 · Current $10,500 Reduced

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(c): The employer did not ensure that no employee was exposed to an airborne concentration of cadmium in excess of five micrograms per cubic meter of air (5ug/m3) or 0.005 milligrams per cubic meter of air (0.005 mg/m3), calculated as an eight-hour time-weighted average (TWA):  a) Cutting area: on April 11, 2017, and times prior, the employer exposed an employee to airborne cadmium at an 8-hour calculated time-weighted average (TWA) of 0.032 milligrams per cubic meter of air which is 6.4 times the calculated 8-hour time-weighted average permissible exposure level (PEL) of 0.005 milligrams per cubic meter of air while cutting scrap steel.  Results were calculated for a 480 minute sampling period.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(e)(4): Each person entering a regulated area established for exposure to airborne concentrations of cadmium, was not supplied with and/or required to use a respirator, selected in accordance with 29 CFR 1910.1027(g)(2):  a) Cutting area: on April 11, 2017, and times prior, the employer exposed an employee to airborne cadmium by not requiring employees to wear a respirator in the outside cutting/lancing area.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(g)(1): For employees who used respirators required by 29 CFR 1910.1027, the employer did not provide each employee an appropriate respirator that complied with the requirements of 29 CFR 1910.1027(g):  a) Cutting area: on April 11, 2017, and times prior, the employer did not require or supply a respirator for the employees performing cutting/lancing operations outside.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(f)(1)(i): The employer did not implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the permissible exposure limit (PEL):  a) Cutting area: on April 11, 2017, and times prior, the employer did not implement engineering and work practice controls to reduce and maintain employee exposure to cadmium at or below the PEL

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(d)(1)(i): The employer did not determine whether any employee was exposed to cadmium at or above the action level:  a) Cutting area: on April 11, 2017, and times prior, the employer failed to do an exposure determination to determine if any employees performing cutting/lancing operations may be exposed to cadmium at or above the action level.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of cadmium was, or could reasonably have been expected to be, in excess of the permissible exposure limit (PEL):  a) Cutting area: on April 11, 2017, and times prior, the employer exposed employees to airborne cadmium by not establishing a regulated area.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(e)(2): Regulated areas established for exposure to airborne concentrations of cadmium were not demarcated from the rest of the workplace in a manner that adequately established and alerted employees of the boundaries of the regulated area:  a) Cutting area: on April 11, 2017, and times prior, the employer exposed employees to airborne cadmium by not demarcating a regulated area.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(e)(3): Access to regulated areas established for exposure to airborne concentrations of cadmium, was not limited to authorized persons:    a) Cutting area: on April 11, 2017, and times prior, the employer exposed employees to airborne cadmium by not limiting access to the cutting/lancing area to authorized persons.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(e)(5): The employer did not ensure that employees did not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas, carry the products associated with these activities into regulated areas, or store such products in the regulated area:  a) Cutting area: on April 11, 2017, and times prior, the employer allowed employees to eat, drink, and use tobacco products in the area in which employees were exposed to airborne cadmium from cutting/lancing operations.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(m)(2)(i): Warning signs were not posted at all approaches to the regulated area so that an employee could read the signs and take necessary protective steps before entering the area:   a) Cutting area: on April 11, 2017, and times prior, the employer did not have signs posted at all approaches to the regulated area.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(f)(2)(i): When the permissible exposure limit (PEL) was exceeded, the employer did not establish and implement a written compliance program to reduce employee exposure to cadmium to or below the PEL by means of engineering and work practice controls:  a) Cutting area: on April 11, 2017, and times prior, the employer did not have in place a written compliance program to reduce employee exposure to cadmium.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(i)(2)(i): The employer did not ensure that employees removed all protective clothing and equipment contaminated with cadmium at the completion of the work shift:  a) Cutting and change room areas: on April 11, 2017, and times prior, the employer did not ensure that employees removed all protective clothing and equipment contaminated with cadmium at the completion of the work shift.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(i)(2)(ii): The employer did not ensure that no employees took cadmium-contaminated protective clothing or equipment from the workplace:  a) Cutting and change room areas: on April 11, 2017, and times prior, the employer did not ensure that no employees took cadmium-contaminated protective clothing or equipment from the workplace.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(i)(2)(iii): The employer did not ensure that cadmium-contaminated protective clothing and equipment, when removed for laundering, cleaning, maintenance, or disposal, were placed and stored in sealed, impermeable bags or other closed, impermeable containers that are designed to prevent dispersion of cadmium dust:  a) Cutting area and connex storage area: on April 11, 2017, and times prior, the employer did not ensure impermeable containers that are designed to prevent dispersion of cadmium dust were available to employees.

Issued

Sep 21, 2017

Abate by

Oct 18, 2017

Penalty

Initial $0 · Current $0

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(i)(2)(iv): The employer did not ensure that bags or containers of contaminated protective clothing and equipment that were to be taken out of change rooms or the workplace for laundering, cleaning, maintenance or disposal bore labels in accordance with 29 CFR 1910.1027(m):  a) Cutting and change/locker room areas: on April 11, 2017, and times prior, the employer exposed an employee to airborne cadmium by not providing bags or containers that  bore labels in accordance with 29 CFR 1910.1027(m).

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

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

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(j)(1): The employer did not provide clean change rooms, hand washing facilities, showers, and lunchroom facilities that complied with 29 CFR 1910.141 for employees whose airborne exposure to cadmium was above the permissible exposure limit (PEL):  a) Change/locker room area: on April 11, 2017, and times prior, the employer exposed employees to airborne cadmium by not providing clean change rooms, hand washing facilities, showers, and lunchroom facilities that complied with 29 CFR 1910.141(e).

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

Initial $9,054 · Current $9,000 Reduced

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(l)(1)(i)(A): The employer did not institute a medical surveillance program for all employees who were or potentially were exposed to cadmium at or above the action level on 30 or more days per year (twelve consecutive months):  a) Cutting area: on April 11, 2017, and times prior, the employer did not have a medical surveillance program in place.

Issued

Sep 21, 2017

Abate by

Nov 1, 2017

Penalty

Initial $63,375 · Current $12,000 Reduced

Hazardous substances C141

General-duty citation text

29 CFR 1910.1027(m)(4)(i): The employer did not train each employee who is potentially exposed to cadmium:  a) Cutting area; on or about April 11, 2017 and times prior, the employer did not train the employees on the dangers of Cadmium exposure.  TMS International, LLC, formerly known as Tube City IMS, was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.1027(m)(4)(i), which was contained in OSHA inspection number 635220, citation number 1, item 1 b and was affirmed as a final order on 11/15/2012, with respect to a workplace located at 516 Delwar RD, Pittsburgh, PA 15236.