OSHA Inspection: TAP RACK BANG INDOOR SHOOTING RANGE, LLC

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $3,696 · Current $1,848 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:    On or about August 17, 2018 and times prior thereto an effective hearing conservation program which included noise monitoring, audiometric testing of employees, training of employees, and retention of exposure measurements as detailed in the standard was not instituted by the employer.  Employee(s) required to work in the handgun and rifle ranges were exposed to sound levels in excess of the 8 hour Time Weighted Average Action Level of 85 decibels on an A-weighted scale (dBA). These conditions exposed employees to noise hazards:    a) Range worker(s) in the handgun range supervising customers using firearms were exposed to sound levels at an 8-hour Time Weighted Average (TWA) up to 575 percent noise dose, which is equivalent to approximately 102.6 dBA and over 5 times the Permissible Exposure Limit (PEL) of 90 dBA. The noise sampling was performed for 416 minutes with an exposure of zero assumed for the 64 minutes not sampled.      b) Range worker(s) working in the rifle range supervising customers using firearms were exposed to sound levels at an 8-hour TWA of 357 percent noise dose, or 99.1 dBA and over 3.5 times the PEL of 90 dBA. The noise sampling was performed for 431 minutes with an exposure of zero assumed for the 49 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $2,217 · Current $1,108 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):     On or about August 17, 2018, the employer did not conduct a workplace hazard assessment to determine if the use of corrosive cleaning chemicals to wipe down the front area and bathroom area necessitated the use of personal protective equipment, such as, but not limited to a face shield, goggles, gloves, or aprons.  This exposed employees to being splashed with corrosive chemicals.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1): Protective eye equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment:  On or about August 17, 2018 and times prior thereto, the employer did not require employees dispensing Signet Non Acid Bathroom Cleaner and Neutral Floor Cleaner to clean the bathrooms and floors to wear any type of eye protection, exposing employees to the hazards of corrosive chemical splashes.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  On or about August 17, 2018 and times prior thereto, employees used a corrosive cleaning agent, Signet Non-Acid Bathroom Cleaner, without any type of eye-wash station in the immediate area for emergency use, exposing employees to the hazards of corrosive chemical splashes.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $5,174 · Current $2,587 Reduced

General-duty citation text

29 CFR 1910.1025(e)(3)(i): The employer did not establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, solely by means of engineering and work practice controls.    On or about August 17, 2018 and times prior thereto, the employer had not implemented a written compliance program to reduce employee exposure to lead to at or below 50 microgram per cubic meter of air by engineering or work practices. These conditions exposed employees to inhalation hazards:    a) Range worker(s) in the rifle range to supervise customers using fire arms and perform range cleanup were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, over 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a breathing zone sample collected over 455 minutes and include a zero value for the 25 minutes not sampled.       b) Range worker(s) in the handgun range to supervise customers using fire arms and perform range cleanup were exposed Lead at an 8-hour TWA up to 1.151 milligrams per cubic meter of air, over 23 times the PEL of 50 micrograms per cubic meter of air. The exposure level is derived from a breathing zone sample collected over 413 minutes and include a zero value for the 67 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(4)(i): When ventilation was used to control exposure to lead, measurements of the system's effectiveness were not conducted within five days of a change in production, process, or control which could result in a change in employee exposure.  On or about August 17, 2018, and times prior thereto, the employer modified the ventilation system in the rifle range and did not take measurements of the ventilation system to ensure the control of airborne lead. These conditions exposed employees to inhalation hazards:  a) Range worker(s) in the rifle range to supervise customers using fire arms and perform range cleanup were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, which is over 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 455-minute period and the calculations include a zero value for the 25 minutes not sampled.     b) Range worker(s) in the handgun range to supervise customers using fire arms and perform range cleanup were exposed to Lead at an 8-hour TWA up to 1.151 milligrams per cubic meter of air, which is over 23 times the PEL of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 413-minute period and the calculations include a zero value for the 67 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(1)(ii): Respirators for protection against lead were not used or were not provided when engineering and/or work-practice controls were not sufficient to reduce employee exposures to or below the permissible exposure limit.  On or about August 17, 2018, and times prior thereto, Range worker(s) monitoring customers in the handgun range and rifle range were exposed to lead concentrations above 50 micrograms per cubic meter of air and were not required to use respirators while in the areas. This condition exposed employees to inhalation hazards:   a) Range worker(s) in the rifle range to supervise customers using fire arms and perform range cleanup were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, which is over 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 455-minute period and the calculations include a zero value for the 25 minutes not sampled.     b) Range worker(s) in the handgun range to supervise customers using fire arms and perform range cleanup were exposed to Lead at an 8-hour TWA up to 1.151 millirams per cubic meter of air, which is over 23 times the PEL of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 413-minute period and the calculations include a zero value for the 67 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(2)(i): The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1910.1025 to use a respirator.  On or about August 17, 2018, and at times prior thereto, for employees required to wear respirators during tasks such as cleaning the shooting range floors. The employer did not implement a written respiratory protection program to include items such as the following:  a) Ensuring employees were medically cleared to wear a respirator.  b) Ensuring respirators were stored to protect against contamination.  c) Prohibiting facial hair to ensure a good respirator to face seal.   d)Training on proper use and care of respirators .  These conditions exposed employees to inhalation hazards associated with Lead contaminated air.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $5,174 · Current $2,587 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(2)(i): Protective clothing required in 29 CFR 1910.1025(g)(1) was not provided in a clean and dry condition at least daily to employee(s) whose exposure levels, without regard to a respirator, exceeded two hundred micrograms per cubic meter as an 8-hour time weighted average (TWA).                                          On or about August 17, 2018, and times prior thereto, protective clothing such as, but not limited to, coveralls or similar full body clothing, were not provided daily and in a clean condition. This condition exposed employees to lead contamination and absorption hazards:    a) Range worker(s) in the rifle range to supervise customers and perform range cleanup were exposed to Lead at an 8-hour TWA up to 1.669 milligrams per cubic meter of air.      b) Range worker(s) in the handgun range to supervise customers and perform range cleanup were exposed to Lead at an 8-hour TWA up to 1.151 milligrams per cubic meter of air.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(2)(vii)(A): The employer did not ensure that labels of bags or containers of contaminated protective clothing and equipment include the following information:    DANGER: CLOTHING AND EQUIPMENT CONTAMINATED WITH LEAD. MAY DAMAGE FERTILITY OR THE UNBORN CHILD. CAUSES DAMAGE TO THE CENTRAL NERVOUS SYSTEM. DO NOT EAT, DRINK OR SMOKE WHEN HANDLING. DO NOT REMOVE DUST BY BLOWING OR SHAKING. DISPOSE OF LEAD CONTAMINATED WASH WATER IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, OR FEDERAL REGULATIONS.  On or about August 17, 2018, and at times prior thereto, the employer did not ensure labels were present on Tyvek Suit storage buckets to warn employees of the presence Lead. Surface samples collected on stored Tyvek Suits found Lead contamination. This condition exposed employees to inhalation and absorption hazards.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1025(l)(1)(ii): The employer did not train each employee who is subject to exposure to lead at or above the action level, or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of 29 CFR 1910.1025.  On August 17, 2018, and at times prior thereto, employees working in areas with exposure to airborne Lead were not informed of the hazards of lead and the content of Appendices A and B of 29 CFR 1910.1025 of the Occupational Safety and Health Standards, exposing employees to lead inhalation, absorption and ingestion hazards:  a) Range worker(s) in the rifle range to supervise customers using fire arms and perform range cleanup were exposed to concentrations of Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, which is 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air.    b) Range worker(s) in the handgun range to supervise customers using fire arms and perform range cleanup were exposed to concentrations of Lead at an 8-hour Time Weighted Average (TWA) up to 1.151 milligrams per cubic meter of air, which is 23 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $0 · Current $0

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. The program shall address and complete the elements described in this section including, but not limited to, the following:  a) Develop a written hazard communication program with a list of hazardous chemicals known to be present in the facility and methods the employer will use to inform employees of the hazards of the chemicals; b) Ensure labeling is maintained for each chemical container; c) Maintain Safety Data Sheets (SDS) for each hazardous chemical in the workplace; d) Train employees on hazardous chemicals in their workplace on the time of their initial assignment and whenever a new chemical hazard is introduced in the employees' workplace. Employees shall be trained on the requirements of this section, operations in their work area where hazardous chemicals are present, and the location and availability of the written hazard communication program including the list of hazardous chemicals and safety data sheets.  On or about August 17, 2018, and times prior thereto, the employer had not developed or implemented a written hazard communication program for employees using chemicals such as, but not limited to, Signet Neutral Floor Cleaner, Signet Heavy Duty Non-Acid Washroom Cleaner, Permatex White Lithium Grease and Lead, exposing employees to corrosive damage to body tissues and other health hazards.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $5,174 · Current $2,587 Reduced

General-duty citation text

29 CFR 1910.1025(j)(3)(i)(C): Medical examinations and consultations for lead were not conducted when notified by an employee that the employee had developed signs and/or symptoms commonly associated with lead intoxication.    On or about August 17, 2018, and at times prior thereto, the employer did not have a medical examination or consult performed for an employee that notified members of management of reports of elevated blood Lead levels and associated symptoms, exposing employees to lead inhalation, absorption and ingestion hazards.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $51,734 · Current $25,687 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(c)(1): Employee(s) were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air averaged over an eight-hour period.    On or about August 17, 2018, and at times prior thereto, range worker(s) required to work in the handgun and rifle ranges were exposed to airborne concentrations of Lead above 50 microgram per cubic meter of air. This condition exposed employees to inhalation hazards during customer supervision and range cleaning operations:     a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, which is over 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 455-minute period and the calculations include a zero value for the 25 minutes not sampled.       b) Range worker(s) were exposed to Lead at an 8-hour TWA up to 1.151 milligrams per cubic meter of air, which is approximately 23 times the PEL of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 413-minute period and the calculations include a zero value for the 67 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $44,342 · Current $22,171 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(g)(2)(iii): Where employee(s) are exposed to lead above the PEL, protective clothing and equipment against Lead were not repaired or replaced as needed to maintain their effectiveness and at no cost to the employee.     On or about August 17, 2018, employees exposed to Lead above the permissible exposure limit (PEL) were required to perform cleaning operations in the rifle and handgun ranges while re-using disposable Tyvek suits that were worn with holes and contaminated with lead dust, exposing employees to an inhalation, absorption and ingestion hazard.     a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, which is over 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 455-minute period and the calculations include a zero value for the 25 minutes not sampled.       b) Range worker(s) were exposed to Lead at an 8-hour TWA up to 1.151 milligrams per cubic meter of air, which is approximately 23 times the PEL of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 413-minute period and the calculations include a zero value for the 67 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $44,342 · Current $22,171 Reduced

General-duty citation text

29 CFR 1910.1025(h)(2)(ii): Shoveling, sweeping or brushing methods were used to remove lead accumulations where vacuuming or other equally effective methods were available and feasible.    On or about August 17, 2018, and at times prior thereto, range worker(s) required to clean the handgun and rifle ranges used brooms and dustpans to remove lead dust when vacuuming methods were feasible and available to the employer. The condition contributed to lead exposure concentrations above 50 micrograms per cubic meter of air, exposing employees to lead inhalation hazards.    a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, which is over 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 455-minute period and the calculations include a zero value for the 25 minutes not sampled.       b) Range worker(s) were exposed to Lead at an 8-hour TWA up to 1.151 milligrams per cubic meter of air, which is approximately 23 times the PEL of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 413-minute period and the calculations include a zero value for the 67 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $51,734 · Current $25,687 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(1)(i): A medical surveillance program was not instituted for all employee(s) who were, or could be exposed to lead above the action level for more that thirty days per year.    On or about August 17, 2018, and at times prior thereto, the employer did not institute a medical surveillance program for employees that were exposed to airborne concentrations of Lead at or above action level while working in the indoor firing ranges, exposing employees to an inhalation, absorption and ingestion hazards:    a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 1.669 milligrams per cubic meter of air, which is over 33 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 455-minute period and the calculations include a zero value for the 25 minutes not sampled.       b) Range worker(s) were exposed to Lead at an 8-hour TWA up to 1.151 milligrams per cubic meter of air, which is approximately 23 times the PEL of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 413-minute period and the calculations include a zero value for the 67 minutes not sampled.

Issued

Jan 18, 2019

Abate by

Mar 8, 2019

Penalty

Initial $800 · Current $400 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1904.7(a): 1904.7(a): The employer did not record workplace injuries and illnesses that would be considered to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. You must also consider a case to meet the general recording criteria if it involves a significant injury or illness diagnosed by a physician or other licensed health care professional, even if it does not result in death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness:    On or about August 17, 2018 and at times prior thereto, documents were not available for an employee who had a Lead illness case resulting in medical treatment.     a) For years 2018, an OSHA Form 301 (first report of injury or illness form) was not prepared for a Lead illness case resulting in treatment.    b) For years 2018, a Lead illness case was not logged on an OSHA Form 300 (log of injuries and illnesses) within 7 days of the injury or illness.

Issued

Oct 19, 2018

Abate by

Nov 7, 2018

Penalty

Initial $5,174 · Current $3,622 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level.    On or about August 17, 2018 and at times prior thereto, the employer did not perform initial air monitoring to determine if employees working at the indoor live firing range were exposed to Lead at or above action level. Sampling results obtained on or about September 22, 2018 behind the firing line areas found airborne concentrations of Lead exposures up to 15 times the Permissible Exposure Limit (PEL) over a 90 minute sampling period.

Issued

Oct 19, 2018

Abate by

Oct 31, 2018

Penalty

Initial $5,174 · Current $3,622 Reduced

Hazardous substances BWPB

General-duty citation text

29 CFR 1910.1025(h)(1): All surfaces were not maintained as free as practicable of accumulations of lead:    On or about August 17, 2018 and times prior thereto, the employer did not have an effective program to ensure all surfaces were kept free of lead to include, but not limited to, the main entry doors, front sales counter, gun smith room, and smoothie bar. Wipe samples taken throughout the facility showed multiple areas to be above the U.S. Department of Housing and Urban Development (HUD) guideline of 21.53 ug/100cm2. This condition exposed employees to inhalation and ingestion hazards.