OSHA Inspection: BIOCHAR NOW

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $3,696 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.22(a)(1): All places of employment, passageways, storerooms, service rooms and walking-working surfaces were not kept clean, orderly and in sanitary condition:    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not ensure all places of employment were kept clean, orderly and in sanitary condition in that explosive dust with a Kst of 36.48 accumulated in piles beneath running equipment and settled on horizontal surfaces in thicknesses exceeding 1/32 of an inch. This condition exposed employees to explosion and deflagration hazards.

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $5,174 · Current $3,140 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:    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not protect employees from illness in that a written respiratory protection program was not implemented by a suitable trained program administrator. This condition overexposed employees to wood char dust.

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $0 · Current $0

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) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not evaluate the respiratory hazards associated with handling wood char. Employees sort, mill and bag wood char and were found to be overexposed to Particulates Not Otherwise Regulated (total dust). This condition exposed employees to respiratory hazards.

Issued

Apr 2, 2018

Abate by

Jul 31, 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:    (a) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not  provide a medical evaluation to determine employees' abilities to safely wear a respirator prior to being required to wear the respirator in the workplace.

Issued

Apr 2, 2018

Abate by

Jul 31, 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):    (a) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not ensure that all employees required to wear a tight-fitting respirator was fit tested. This condition exposed employees to respiratory hazards.

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    (a) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not ensure that employees wearing tight fitting respirators were shaven in such a way as to allow for an uninterrupted seal of the respirator to the face. This condition exposed employees to respiratory hazards.

Issued

Apr 2, 2018

Abate by

Feb 25, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(a)(2): Employee exposure to a substance listed in Table Z-1 exceeded the 8 hour Time Weighted Average for that substance:    (a) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018, employee exposure to a substance listed in Table Z-1 exceeded the 8 hour Time Weighted Average for that substance.  One employees sorting wood char was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than 15.0 mg/m3 of air averaged over an eight hour period.  The employee was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration of 15.879 mg/m3 as an 8 hour Time Weighted Average.  This is 1.06 times the Permissible Exposure Limit (PEL).  Air monitoring was conducted for 304 minutes.  This condition exposed the employee to a respiratory hazard.    (b) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018, employee exposure to a substance listed in Table Z-1 exceeded the 8 hour Time Weighted Average for that substance.  One employees sorting wood char was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than 15.0 mg/m3 of air averaged over an eight hour period.  The employee was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration of 23.514 mg/m3 as an 8 hour Time Weighted Average.  This is 1.57 times the Permissible Exposure Limit (PEL).  Air monitoring was conducted for 373 minutes.  This condition exposed the employee to a respiratory hazard.    (c) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018, employee exposure to a substance listed in Table Z-1 exceeded the 8 hour Time Weighted Average for that substance.  One employees sorting wood char and working in the bagging area was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than 15.0 mg/m3 of air averaged over an eight hour period.  The employee was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration of 17.808 mg/m3 as an 8 hour Time Weighted Average.  This is 1.19 times the Permissible Exposure Limit (PEL).  Air monitoring was conducted for 379 minutes.  This condition exposed the employee to a respiratory hazard.

Issued

Apr 2, 2018

Abate by

Feb 25, 2019

Penalty

Initial $0 · Current $0

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) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not ensure that feasible administrative or engineering controls were determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d). One employees sorting wood char was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than 15.0 mg/m3 of air averaged over an eight hour period.  The employee was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration of 15.879 mg/m3 as an 8 hour Time Weighted Average.  This is 1.06 times the Permissible Exposure Limit (PEL).  Air monitoring was conducted for 304 minutes.  This condition exposed the employee to a respiratory hazard.      (b) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not ensure that feasible administrative or engineering controls were determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d). One employees sorting wood char was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than 15.0 mg/m3 of air averaged over an eight hour period.  The employee was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration of 23.514 mg/m3 as an 8 hour Time Weighted Average.  This is 1.57 times the Permissible Exposure Limit (PEL).  Air monitoring was conducted for 373 minutes.  This condition exposed the employee to a respiratory hazard.    (c) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not ensure that feasible administrative or engineering controls were determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d). One employees sorting wood char and working in the bagging area was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration greater than 15.0 mg/m3 of air averaged over an eight hour period.  The employee was exposed to Particulates Not Otherwise Regulated (total dust) at a concentration of 17.808 mg/m3 as an 8 hour Time Weighted Average.  This is 1.19 times the Permissible Exposure Limit (PEL).  Air monitoring was conducted for 379 minutes.  This condition exposed the employee to a respiratory hazard.    Abatement Note:  Feasible engineering controls include, but are not limited to:  1) Thorough initial cleaning, using water or HEPA vacuums, of all surfaces, including floors, walls, and equipment, to remove settled dust.   2) Daily removal, using water or HEPA vacuums, of generated dust.  3) Local exhaust ventilation in the sorting area.  4) Improved local exhaust ventilation at the base of the belt auger.    Abatement Note:  Abatement of this item will normally be multi-step as follows:    STEP 1    1. Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.    STEP 1 ABATEMENT DATE (15 DAYS): 7/15/2018    STEP 2    2. Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and /or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:  a. Evaluation of the extent and location of the hazard source;  b. Evaluation of control measure options;  c. Selection of optimum control measures;  d. Determination of control measure design;  e. Ordering and delivery of equipment;  f. Installation of control measures;  g. Training of employees in proper operation and maintenance of newly implemented control measures; and  h. Assurance of the effective performance of control measures.    All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.    STEP 2 ABATEMENT DATE (60 DAYS): 8/1/2018    STEP 3    3. Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.    FINAL ABATEMENT (120 DAYS): 10/1/2018

Issued

Apr 2, 2018

Abate by

Jan 3, 2022

Penalty

Initial $0 · Current $1,260

General-duty citation text

29 CFR 1910.141(d)(2)(ii): Lavatories were not provided with hot and cold, or tepid running water:    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not provide hot and cold or tepid running water. Employees work on a permanent but undeveloped site and have no access to running water for washing. Employees have access to one port-a-potty onsite and hand sanitizer. This condition exposes employees to adverse health effects.

Issued

Apr 2, 2018

Penalty

Initial $3,696 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not establish an energy control program consisting of an energy control procedure, employee training and periodic inspections. This condition exposed employees to hazardous energy.

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(7)(i): The employer did not provide adequate training to ensure that the purpose and function of the energy control program was understood by employees:    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not provide training in energy control procedures to employees who would be servicing or maintaining equipment. This condition exposed employees to hazardous energy.

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $3,696 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.219(f)(3): Sprocket wheels and chains which were seven feet or less above floors or platforms were not enclosed:    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not protect employees from injury in that sprocket wheels and chains less than seven feet above the floor were not enclosed. Sprocket wheels and chains are used on the belt augers in the wood char processing area were not enclosed. This condition exposed employees to pinch point, caught in and ingoing nip point hazards.    (b) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not protect employees from injury in that sprocket wheels and chains less than seven feet above the floor were not enclosed. Sprocket wheels and chains are powering the chain conveyor in the wood char processing area were not enclosed. This condition exposed employees to pinch point, caught in and ingoing nip point hazards.

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $3,696 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.219(e)(3)(i): Vertical or inclined belt(s) were not enclosed by guard(s) conforming to the requirements specified at 29 CFR 1910.219(m) and (o):    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not protect employees from injury in that the yellow belt auger running between the sorting conveyor to the hammer mill was not guarded on its underside. Employees work and walk around the belt during operation. This condition exposed employees to pinch point, caught in and ingoing nip point hazards.      (b) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not protect employees from injury in that the red belt auger running between the hammer mill to the sorting screen was not guarded on its underside. Employees work and walk around the belt during operation and one was observed tugging the belt when the machine was energized. This condition exposed employees to pinch point, caught in and ingoing nip point hazards.

Issued

Apr 2, 2018

Abate by

Oct 1, 2018

Penalty

Initial $3,696 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.307(c): Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location:    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not protect employees from injury in that intrinsically safe equipment, approved for the classified location was not used in the production area where explosive wood char (Kst 36.48) is sorted, milled and bagged. This condition exposed employees to dust explosion hazards.

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $3,696 · Current $2,100 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):     (a) (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not develop and implement a written hazard communication program with the required elements. This condition exposed employees to chemical hazards including but not limited to:  -wood dust  -wood char dust  -welding fumes  -paint (used to paint new metal machine guard)

Issued

Apr 2, 2018

Abate by

Oct 1, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(1): The chemical manufacturer, importer, or distributor did not ensure that each container of classified hazardous chemicals leaving the workplace was labeled, tagged or marked with the information required in 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(vi):    (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the manufacturer of Biochar did not ensure that the containers of Biochar were properly labeled in accordance with this standard. Biochar is considered explosive. This condition exposes users to respiratory and explosion hazards.

Issued

Apr 2, 2018

Abate by

Jul 31, 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:    (a) (a) BioChar Now at 19500 CR 7 Berthoud, CO 80513: On or before 1/19/2018, the employer did not provide employees with effective information and training on hazardous chemicals in the workplace. This condition exposed employees to chemical hazards including but not limited to:  -wood dust  -wood char dust  -welding fumes

Issued

Apr 2, 2018

Abate by

Jul 31, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification which included the requirements as outlined in 29 CFR 1910.132(d)(1):    (a) BioChar Now at 1950 CR 7 Berthoud, CO 80513: On or before 1/19/2018 the employer did not verify through a written certification that the required workplace assessment had been performed.