OSHA Inspection: HERITAGE SLEEP PRODUCTS, LLC

Issued

Oct 23, 2018

Abate by

Jan 31, 2019

Penalty

Initial $9,054 · Current $9,054

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 that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and, which identifies the document as a certification of hazard assessment:  On or about August 21, 2018, the employer failed to perform and certify a written workplace hazard assessment.

Issued

Oct 23, 2018

Abate by

Nov 9, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(h)(1): Where needed to prevent methylene chloride induced skin or eye irritation, the employer did not provide clean protective clothing and equipment resistant to methylene chloride, at no cost to the employee, and/or did not ensure that each affected employee used it:    On or about August 21, 2018, the employer failed to provide employees with adequate personal protective equipment to limit methylene chloride exposure to employees' hands, arms, face, and eyes.

Issued

Oct 23, 2018

Abate by

Nov 9, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(i)(1): It was reasonably foreseeable that employee's skin may contact solutions containing 0.1 percent or greater methylene chloride and the employer did not provide conveniently located washing facilities capable of removing the methylene chloride and did not ensure that affected employees use these facilities as needed:    On or about August 21, 2018, the employer failed to provide adequate washing facilities for employees who are exposed to methylene chloride via skin contact. Employees in the Foam and Case Department use AXIL 2449 glue which is comprised of 50-70% methylene chloride; these employees have direct skin contact/exposure with the AXIL 2449 glue.

Issued

Oct 23, 2018

Abate by

Jan 31, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(i)(2): It was reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater methylene chloride and the employer did not provide appropriate eyewash facilities within the immediate work area for emergency use:    On or about August 21, 2018, the employer failed to provide emergency eye-washing facilities for employees who work with and are exposed to methylene chloride. Employees in the Foam and Case Department use AXIL 2449 glue which is comprised of 50-70% methylene chloride; these employees have direct contact/exposure with the AXIL 2449 glue and are not provided safety glasses/face shields.

Issued

Oct 23, 2018

Abate by

Dec 26, 2018

Penalty

Initial $9,054 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1052(c)(1): The employer did not ensure that no employee(s) was exposed to an airborne concentration of methylene chloride in excess of twenty-five parts per million as an 8-hour TWA:    a) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 400 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (80 minutes).     b) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 397 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (83 minutes).

Issued

Oct 23, 2018

Abate by

Nov 26, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(d)(1)(i): Where methylene chloride was present in the workplace, the employer did not determine each employee's exposure:    a) On or about August 21, 2018, the employer failed to determine employee exposure to methylene chloride as prescribed in the standard.  An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm.     b) On or about August 21, 2018, the employer failed to determine employee exposure to methylene chloride as prescribed in the standard. An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm.

Issued

Oct 23, 2018

Abate by

Dec 26, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(f)(1): The employer did not institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the permissible exposure limits:    a) On or about August 21, 2018, feasible engineering or work-practice controls were not adequately implemented to keep employee exposure to air contaminants within the limits prescribed in the standard. An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 400 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (80 minutes).     b) On or about August 21, 2018, feasible engineering or work-practice controls were not adequately implemented to keep employee exposure to air contaminants within the limits prescribed in the standard. An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 397 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (83 minutes).

Issued

Oct 23, 2018

Abate by

Nov 26, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(d)(2): The employer did not perform initial monitoring to determine each employee's exposure to methylene chloride:    a) On or about August 21, 2018, the employer failed to conduct air monitoring to determine employee exposure to methylene chloride at initial assignment.  An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm.     b) On or about August 21, 2018, the employer failed to conduct air monitoring to determine employee exposure to methylene chloride at initial assignment.  An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm.

Issued

Oct 23, 2018

Abate by

Nov 19, 2018

Penalty

Initial $9,054 · Current $9,054

General-duty citation text

29 CFR 1910.1052(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of methylene chloride exceeded or could reasonably be expected to exceed either the 8-hour Time Weighted Average Permissible Exposure Limit or the Short Term Exposure Limit:  a) On or about August 21, 2018, the employer failed to establish a regulated area where employee exposure to methylene chloride is above/ could be reasonably expected to be above the exposure limit(s).  An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm.   b) On or about August 21, 2018, the employer failed to establish a regulated area where employee exposure to methylene chloride is above/ could be reasonably expected to be above the exposure limit(s).  An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm.

Issued

Oct 23, 2018

Abate by

Nov 9, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(e)(4): The employer did not ensure that within a regulated area, that employees did not engage in non-work activities which increased dermal or oral methylene chloride exposure:    On or about August 21, 2018, the employer failed to ensure that employees within the regulated area do not engage in non-work activities which could increase dermal or oral methylene chloride exposure. Employees within the regulated area keep and routinely use drinking containers, as well as, eat food.

Issued

Oct 23, 2018

Abate by

Nov 19, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(e)(6): The employer did not demarcate regulated areas from the rest of the workplace in any manner that adequately established and alerted employees to the boundaries of the area and minimized the number of authorized employees exposed to methylene chloride within the regulated area:  On or about August 21, 2018, the employer failed to demarcate regulated areas to reduce the number of employees exposed to methylene chloride. Employees routinely came into the area in which methylene chloride containing glue, AXIL 2449, was applied.

Issued

Oct 23, 2018

Abate by

Nov 19, 2018

Penalty

Initial $9,054 · Current $0 Reduced

General-duty citation text

29 CFR 1910.1052(j)(1)(i): The employer did not make medical surveillance available for employees who were or potentially were  exposed to methylene chloride at or above the action level on 30 or more days per year, or above the 8-hour time weighted average permissible exposure limit or the short term exposure limit on 10 or more days per year:    a) On or about August 21, 2018, the employer failed to make medical surveillance available to employees whose exposure to methylene chloride is above/ could be reasonably expected to be above the exposure limit(s).  An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm.     b) On or about August 21, 2018, the employer failed to make medical surveillance available to employees whose exposure to methylene chloride is above/ could be reasonably expected to be above the exposure limit(s).  An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm.

Issued

Oct 23, 2018

Abate by

Nov 19, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(k)(1)(iii): The employer did not include methylene chloride in the hazard communication program and did not ensure that each employee had access to labels on containers of methylene chloride and to safety data sheets:    On or about August 21, 2018, the employer failed to ensure that information and training specific to the hazards associated with methylene chloride were part of the employer's hazard communication program. The employer failed to ensure that employees who work directly with methylene chloride understand or comprehend container labels and safety data sheets.      a) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 400 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (80 minutes).     b) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 397 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (83 minutes).

Issued

Oct 23, 2018

Abate by

Nov 19, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(l)(1): The employer did not provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to methylene chloride:    On or about August 21, 2018, the employer failed to provide information and training specific to the hazards associated with methylene chloride to employees who work directly with methylene chloride.       a) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 400 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (80 minutes).     b) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 397 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (83 minutes).

Issued

Oct 23, 2018

Abate by

Nov 19, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1052(l)(3)(ii): Where an employee(s) exposed to airborne concentrations of methylene chloride exceeded or can reasonably be expected to exceed the action level the employer did not inform each affected employee of the quantity, location, manner of use, release, storage, and/or specific operations that could result in exposure to methylene chloride particularly noting where exposures may be above the 8-hour time weighted average permissible exposure limit or the short term exposure limit:    On or about August 21, 2018, the employer failed to provide employees who work with methylene chloride with adequate information regarding those operations in which it would be reasonably expected that employees would be exposed to methylene chloride above the action level, permissible exposure limit, or short term exposure limit.        a) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 91.392 parts of methylene chloride per million parts of air (ppm) which is 3.656 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 400 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (80 minutes).     b) An employee operating the glue spraying equipment in the Foam and Case Department was exposed to an 8-hour time weighted average concentration of 141.872 parts of methylene chloride per million parts of air (ppm) which is 5.675 times the permissible exposure limit of 25.00 ppm. The sampling was performed for 397 minutes during one shift on August 21, 2018. Zero exposure was assumed for the un-sampled period of time (83 minutes).