OSHA Inspection: ATTICUS FRANCHISE GROUP, LLC

Issued

Feb 23, 2018

Abate by

Apr 30, 2018

Penalty

Initial $6,652 · Current $4,300 Reduced

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify, through a written certification, that the required workplace hazard assessment had been performed:   Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - Employees were required to prep and spray paint vehicles with hazardous chemicals such as, but not limited to latex paint, degreaser, reducer, and thinner.  The employer did not certify that the personal protective equipment (PPE) evaluation had been conducted, and/or did not ensure that the PPE was worn, on or about 12/12/17.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(f)(1)(ii): The employer did not provide training to each employee who is required by this section to use PPE on knowing what PPE is necessary:   Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - Employees were required to prep and spray paint vehicles with hazardous chemicals such as, but is not limited to latex paint, degreaser, reducer, and thinner.  The employer did not ensure that each affected employee was provided appropriate hand and face protection (gloves, safety glasses, etc.), and/or did not ensure that the PPE was worn.  Training on proper PPE was not conducted, on or about 12/12/17.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $12,675 · Current $8,200 Reduced

General-duty citation text

29 CFR 1910.107(c)(6): Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area as herein defined were not explosion-proof type approved for     Class I, group D locations and did not otherwise conform to the provisions of subpart S of this part, for Class I, Division 1, Hazardous Locations:   Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - On or about 12/12/2017, and at times prior to, employees were required to spray cars and a bus in the shop area  outside of the spray booth.  Electrical equipment such as, but is not limited to lights, extension cords,and electrical outlets are located in the shop area. The electrical equipment was not approved for the location exposing employees to a fire hazard.    In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $4,991 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.107(e)(2): The quantity of flammable or combustible liquids kept in the vicinity of spraying operations were not at a minimum required for operations or they exceeded a supply for one day or one shift:  Maaco Collision Repair and Auto Paint, Sugar Hill, GA  - Employees were exposed to a fire hazard.  On or about 12/12/17, and times prior to, there were three 55 gallon drum of paint reducer, several 5 gallon cans of waste paint (flammable and/or combustible liquids), and several 1 gallon cans of paint in the shop area that was outside of an inside storage cabinet.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Feb 23, 2018

Abate by

Mar 1, 2018

Penalty

Initial $6,652 · Current $4,300 Reduced

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:   Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA  - In the paint mixing room,  and times prior to, a flexible cord was used as permanent wiring to supply power to the mixing table (scale, paint mixer), on or about 12/12/17.      In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $13,304 · Current $8,700 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - On or about 12/12/2017,  and at times prior to, employees were provided disposable dust mask and half mask respirators for protection against dust and organic vapors.  Respirators were used for prepping and painting cars.  A written respirator program was not developed, implemented and/or available.  Atticus Franchise Group, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(c)(1), which was contained in OSHA inspection number 1223490, citation number 1, item number 2a and was affirmed as a final order on 07/19/17, with respect to a workplace located at 2329A Hwy 78, Loganville, GA 30052.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $0 · Current $0

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:  Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - On or about 12/12/2017,  and at times prior to, employees were provided disposable dust mask and half mask respirators for protection against dust and organic vapors.  Respirators were used for sanding, prepping and painting cars.  A medical evaluation was not performed to determine the employee's ability to use a respirator.   Atticus Franchise Group, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(c)(1)(ii), which was contained in OSHA inspection number 1223490, citation number 1, item number 2b and was affirmed as a final order on 07/19/17, with respect to a workplace located at 2329A Hwy 78, Loganville, GA 30052.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):   Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA -  On or about 12/12/2017,  and at times prior to, employees were provided disposable dust mask and half mask respirators for protection against dust and organic vapors.  Respirators were used for sanding, prepping and painting cars.  Fit test was not conducted.   Atticus Franchise Group, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(f)(2), which was contained in OSHA inspection number 1223490, citation number 1, item number 2e and was affirmed as a final order on 07/19/17, with respect to a workplace located at 2329A Hwy 78, Loganville, GA 30052.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide respirator training that ensured that each employee could demonstrate knowledge of at least the following elements: Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; What the limitations and capabilities of the respirator are; How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; How to inspect, put on and remove, use, and check the seals of the respirator; What the procedures are for maintenance and storage of the respirator, and How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators:  Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA -  On or about 12/12/2017, and at times prior to, employees were provided disposable dust mask and half mask respirators for protection against dust and organic vapors.  Respirators were used for sanding, prepping and painting cars.  The half mask respirator was observed hanging by the straps on the flammable storage cabinet.     Atticus Franchise Group, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(c)(1)(vii) and 29 CFR 1910.134(c)(1)(viii), which was contained in OSHA inspection number 1223490, citation number 1, item number 2c & 2d and was affirmed as a final order on 07/19/17, with respect to a workplace located at 2329A Hwy 78, Loganville, GA 30052.

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $13,304 · Current $8,700 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:  Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - On or about 12/12/2017, and at times prior to, employees used hazardous materials such as, but is not limited to paints, kiwi kleen degreaser, reducer, filler/bondo, wax polishing cream, and paint thinner. A written hazard communication program had not been developed, implemented, and/or obtained at the establishment.   Atticus Franchise Group, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.1200(e)(1), which was contained in OSHA inspection number 1223490, citation number 1, item number 3a and was affirmed as a final order on 07/19/17, with respect to a workplace located at 2329A Hwy 78, Loganville, GA 30052.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

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:  Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - On or about 12/12/2017, and at times prior to, employees used hazardous materials such as, but is not limited to, paints, kiwi kleen degreaser, reducer, filler/bondo, wax polishing cream, and paint thinner. Information and training under the new globally harmonized system (GHS) such as, but is not limited to labeling system, and written hazard communication program had not been conducted.    Atticus Franchise Group, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.1200(h)(1), which was contained in OSHA inspection number 1223490, citation number 1, item number 3c and was affirmed as a final order on 07/19/17, with respect to a workplace located at 2329A Hwy 78, Loganville, GA 30052.

Issued

Feb 23, 2018

Abate by

Mar 21, 2018

Penalty

Initial $664 · Current $500 Reduced

General-duty citation text

29 CFR 1910.132(h)(1): The employer did not provide the protective equipment, including personal protective equipment (PPE), used to comply with this part, at no cost to employees.  Atticus Franchise Group, LLC, dba Maaco Collision Repair and Auto Paint, Sugar Hill, GA - On or about 12/12/2017, and at times prior to, the employer did not provide personal protective equipment such as but not limited to gloves and safety glasses for employees who perform painting, grinding, and prep work on cars. The all purpose provided did not protect against paints, thinner, and degreaser.    Atticus Franchise Group, LLC was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.132(h)(1), which was contained in OSHA inspection number 1223490, citation number 2, item number 1 and was affirmed as a final order on 07/19/17, with respect to a workplace located at 2329A Hwy 78, Loganville, GA 30052.