OSHA Inspection: DISTILLATA CO

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $6,467 · Current $3,880 Reduced

General-duty citation text

29 CFR 1910.23(c)(1): Open sided floor(s) or platform(s) 4 feet or more above the adjacent floor or ground level were not guarded by standard railings (or the equivalent as specified in 29 CFR 1910.23(e)(3)(i) through (v)), on all open sides:    On or about February 28, 2018, the employer failed to ensure that employees who were accessing various stationary tanks and tanker trucks were protected from a fall from height of approximately 8 feet or higher.  Employees are accessing these tanks via fixed or portable attachable ladders for tasks, such as but not limited to, cleaning, sanitizing and other tasks.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards were present, or were likely to be present, which necessitated the use of personal protective equipment:    On or about February 28, 2018, the employer failed to ensure that employees who were accessing various stationary tanks and tanker trucks were protected from a fall from height of approximately 8 feet or higher.  Employees are accessing these tanks via fixed or portable attachable ladders for tasks, such as but not limited to, cleaning, sanitizing and other tasks and are not wearing a personal fall protection harness or have any other means of protection from a fall.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $3,880 · Current $2,328 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): The respiratory protection program was not updated as necessary to reflect those changes in workplace conditions that affected respirator use:    On or about February 28, 2018, the employer failed to ensure that their written respiratory program was site specific and updated to include information for all employees who use respirators within the scope of their employ.  Updates to include but not limited to:  inclusion of the two employees who are wearing half face respirators to enter various confined spaces for cleaning, the actual selection process of the respirators being worn, training involved as well as the medical evaluation and fit testing information on all applicable employees.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:    On or about February 28, 2018, the employer failed to ensure that employees who were wearing half face respirators were wearing the appropriate filters for the potential hazards they may be exposed to.  Employees were choosing their own respirators and/or cartridges and/or bringing their own in from home to use.  Employees were wearing cartridges to include but not limited to:  carbon, paint and particulates instead of the appropriate organic vapor/acid gas cartridges.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(1)(ii): 29 CFR 1910.134(c)(1)(ii):  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:    On or about February 28, 2018, the employer failed to ensure that employees who were wearing tight fitting respirators had been medically evaluated and cleared to wear such.  Employees who clean and disinfect the various tanks and tankers are wearing half face respirators during the scope of their cleaning activities.

Issued

Jun 27, 2018

Abate by

Nov 7, 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):    On or about February 28, 2018, the employer failed to ensure that employees who were wearing half face respirators were fit tested prior to wearing the respirators.  Employees were choosing their own respirators and/or cartridges and/or bringing their own in from home to use.  Cartridges for the half face respirators the employees were wearing were rated for carbon, paint and particulates.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:    On or about February 28, 2018, the employer failed to ensure that employees who were wearing half face respirators were trained in all elements of the respiratory program, such as but not limited to:  fit testing, medical evaluation, donning and doffing a respirator, cleaning, storage and proper cartridges selection for their tasks.  Employees are wearing respirators when entering confined spaces to clean and disinfect various tanks/tankers.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $3,880 · Current $2,328 Reduced

General-duty citation text

29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:    On or about February 28, 2018, the employer failed to evaluate the workplace to determine if there were confined spaces that required a permit prior to allowing employees to enter such spaces.  Employees are entering confined spaces to include but not limited to fixed tanks and tanker trucks where some tanks were marked as permit required but the employer did not actually test and determine this to be the case.  chemicals being used to clean and sanitize the tanks include, but are not limited to:  Tri San Acid Sanitizer and Enviroguard Sanitizer.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(3): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations:    On or about February 28, 2018, the employer failed to develop and implement a complete written confined space program.  The employer has a generic and incomplete program in place which has not been fully implemented.  Employees enter various confined spaces (tanks and tankers) at least quarterly in order to clean and sanitize the tanks.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(e)(1): Before entry is authorized, the employer shall document the completion of measures required by paragraph (d)(3) of this section by preparing an entry permit:    On or about February 28, 2018, the employer failed to evaluate the confined spaces marked permit required, create a permit and post it on the confined space while employees were actively working inside the space.  Employees enter various confined spaces (tanks and tankers) at least quarterly in order to clean and sanitize the tanks.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:    On or about February 28, 2018, the employer failed to ensure that employees who were tasked with entering a permit required confined space as indicated on the sign posted on the tank and/or tanker, were trained in performing work with these spaces.  Employees enter various confined spaces (tanks and tankers) of which some are marked as permit required, at least quarterly in order to clean and sanitize the tanks.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $3,880 · Current $2,328 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:    On or about February 28, 2018, the employer failed to develop and implement a written hazard communication program.  Employees are working with chemicals such as but not limited to Tri San Acid Sanitizer.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet:    On or about February 28, 2018, the employer failed to develop and implement a written chemical inventory list for the chemicals that they have in the workplace.  Employees are working with chemicals such as but not limited to Tri San Acid Sanitizer.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): At this establishment, the employer had not provided employees with effective information and training, to include pictograms, on hazardous chemicals in their work area as specified in the Revised 2012 Hazard Communication Standard:    On or about February 28, 2018, the employer failed to provide employees with training on the various chemicals they work with or encounter in the workplace, to include but not limited to Tri San Acid Sanitizer.

Issued

Jun 27, 2018

Abate by

Nov 7, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(g)(1): Where the employer has provided portable fire extinguishers for employee use in the workplace, the employer shall also provide an educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting:    On or about February 28, 2018, the employer failed to provide employees with training on the safe use of portable fire extinguishers on the workplace.  Employees are allowed too and expected to use a portable fire extinguisher with incipient stage fires.