OSHA Inspection: A.P. NONWEILER

Issued

Oct 15, 2018

Abate by

Feb 15, 2019

Penalty

Initial $9,054 · Current $6,337 Reduced

Hazardous substances 1380217024602590

General-duty citation text

29 CFR 1910.119(c)(2): Employers shall consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this standard.    a.  On or about April 24, 2018 the employer located at 3321 Cty Rd A Oshkosh, WI 54901 did not consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this standard.  The employer manufactures paints and industrial coatings and has multiple processes that are covered by the process safety management standard because of the use of flammable liquids such as Hexane, n-Propyl Alcohol, Toluene, and Xylene.

Issued

Oct 15, 2018

Abate by

Mar 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1380217024602590

General-duty citation text

29 CFR 1910.119(d): Process safety information. In accordance with the schedule set forth in paragraph (e)(1) of this section, the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.    a.  On or about April 24, 2018 the employer located at 3321 Cty Rd A Oshkosh, WI 54901 did not complete a compilation of written process safety information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.  The employer uses flammable liquids such as Hexane, n-Propyl Alcohol, Toluene, and Xylene in the manufacturing of paints and industrial coatings.    All provisions of 29CFR 1910.119(d)(1) through (d)(3) must be covered in a process safety management of highly hazardous materials program.  Key elements include, but are not limited to the following:            1.  Information pertaining to the hazards of the highly hazardous chemicals in the process.      2.  Information pertaining to the technology of the process.      3.  Information pertaining to the equipment in the process.

Issued

Oct 15, 2018

Abate by

Mar 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1380217024602590

General-duty citation text

29 CFR 1910.119(e)(1): The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule:    On or about April 24, 2018 the employer located at 3321 Cty Rd A Oshkosh, WI 54901 had not performed a PHA for covered processes producing flammable paints and industrial coatings in quantities greater than 10,000 pounds.    All provisions of 29CFR 1910.119(e)(1) through (d)(7) must be covered in a process hazard analysis.  Key elements include, but are not limited to the following:            1.  All initial process hazard analyses shall be completed by May 26, 1997.      2.  One or more appropriate methodologies shall be used to determine and evaluate the hazards of the process being analyzed.      3.  The process hazard analysis shall address the hazards of the process, engineering and administrative controls, consequences of failure of engineering and administrative controls, facility siting, and human factors.      4.  The process hazards analysis shall be performed by a team with expertise in engineering and process operations, and at least one employee with experience and knowledge specific to the process.      5.  The employer shall establish a system to promptly address the team's findings.      6.  Be reviewed at least every five years.      7.  Process hazard analyses and updates shall be retained for each process covered by this section.

Issued

Oct 15, 2018

Abate by

Feb 15, 2019

Penalty

Initial $9,054 · Current $0 Reduced

Hazardous substances 1380217024602590

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information.    a.  On or about April 24, 2018 the employer located at 3321 Cty Rd A Oshkosh, WI 54901 did not provide written operating procedures for covered processes producing flammable paints and industrial coatings.    All provisions of 29CFR 1910.119(f)(1) through (f)(4) must be covered in a process safety management of highly hazardous materials program.  Key elements include, but are not limited to the following:            1.  Steps for each operating phase of the process.      2.  Operating procedures shall be readily accessible to employees who work in or maintain a process.      3.  Operating procedures shall be reviewed as often as necessary to assure they reflect current operating practice.      4.  The employer shall develop and implement safe work practices to provide for the control of hazards during operations.

Issued

Oct 15, 2018

Abate by

Feb 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1380217024602590

General-duty citation text

29 CFR 1910.119(j)(2): Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment.    a.  On or about April 24, 2018 the employer located at 3321 Cty Rd A Oshkosh, WI 54901 did not provide copies of written procedures to maintain the on-going integrity of process equipment.  Process equipment used by the employer in the production of flammable paints and industrial coatings include blending vessels, valves, emergency shutdown systems, and pumps.

Issued

Oct 15, 2018

Abate by

Feb 15, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1380217024602590

General-duty citation text

29 CFR 1910.119(l)(1): The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process.    a.  On or about April 24, 2018 the employer located at 3321 Cty Rd A Oshkosh, WI 54901 did not provide copies of written procedures to manage changes to the process chemicals, technology, equipment, procedures, and the facilities that affect a covered process.  The employer manufactures paints and industrial coatings and has multiple processes that are covered by the process safety management standard because of the use of flammable liquids such as Hexane, n-Propyl Alcohol, Toluene, and Xylene.

Issued

Oct 15, 2018

Abate by

Feb 15, 2019

Penalty

Initial $6,467 · Current $0 Reduced

Hazardous substances 1380217024602590

General-duty citation text

29 CFR 1910.119(n): Emergency planning and response. The employer shall establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).    On or about April 24, 2018 the employer located at 3321 Cty Rd A Oshkosh, WI 54901 did not include a procedure in its EAP that instructs employees how to distinguish between small releases and spills and large releases and spills and what employee actions are required in both instances.

Issued

Oct 15, 2018

Abate by

Nov 13, 2018

Penalty

Initial $6,467 · Current $4,526 Reduced

General-duty citation text

29 CFR 1910.134(f)(2): The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.    a.  On or about April 24, 2018, the employer did not ensure that an employee using a tight-fitting facepiece respirator while performing their duties in the "Mirror Backing Department" was fit tested prior using a respirator.  The employee changed from a medium to a large respirator and was not fit tested in the new size.

Issued

Oct 15, 2018

Abate by

Nov 13, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(m)(1): Medical evaluation. Records of medical evaluations required by this section must be retained and made available in accordance with 29 CFR 1910.1020.  a.  On or about May 13, 2018, the employer could not provide records of employee medical evaluations as required for an employee that wore a tight-fitting facepiece respirator as part of their PPE.