OSHA Inspection: EXCEL COLOR CORPORATION

Issued

2019-02-06 00:00:00

Penalty

Initial $3789.00 · Current $1600.00 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) On October 9, 2018, Excel Color Corporation did not ensure that a written respiratory protection program was established for employees required to use 3M half face tight-fitting negative pressure respirators when preparing pigment dispersion batches and cleaning mixing blades in the production room.

Issued

2019-02-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) On October 9, 2018, Excel Color Corporation did not provide medical evaluations to determine employees' ability to use 3M half face tight-fitting negative pressure respirators before they were required to be used in the production room.

Issued

2019-02-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) On October 9, 2018, Excel Color Corporation did not ensure that employees were fit tested prior to requiring them to use 3M half face tight-fitting negative pressure respirators in the production room.

Issued

2019-02-06 00:00:00

Abate by

2019-03-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or were not packed or stored to prevent deformation of the facepiece and exhalation valve:  a) On October 9, 2018, Excel Color Corporation did not ensure that employees working in the production room stored their 3M half face tight-fitting negative pressure respirators in a manner that protected them from contamination, dust and sunlight.   Respirators were left on work benches or hung by their straps in the locker.

Issued

2019-02-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide respirator training that ensured that each employee could demonstrate knowledge of at least the following elements: why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; what the limitations and capabilities of the respirator are; How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; how to inspect, put on and remove, use, and check the seals of the respirator; what the procedures are for maintenance and storage of the respirator, and how to recognize medical signs and symptoms that may limit or prevent the effective use of respirators:  a) On October 9, 2018, Excel Color Corporation required its employees working in the production room to use 3M half face tight-fitting negative pressure respirators without ensuring that they demonstrated knowledge why the respirator was necessary and how improper fit, usage, storage or maintenance can compromise the protective effect of the respirator.

Issued

2019-02-06 00:00:00

Penalty

Initial $5304.00 · Current $2700.00 Reduced

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 October 9, 2018, Excel Color Corporation did not perform initial monitoring to determine each employees exposure to methylene chloride when required to use non-diluted Chlorinated, which contained 50-75% methylene chloride, in the production room and in the QC lab.

Issued

2019-02-06 00:00:00

Penalty

Initial $5304.00 · Current $2700.00 Reduced

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:    a) On October 9, 2018, Excel Color Corporation did not provide proper hand protection, resistant to methylene chloride, to an employee cleaning mixing blades with Chlorinated in the production room. The employee used Choice Premium Blue Vinyl Gloves that did not provide protection when working with methylene chloride.    b) On October 9, 2018, Excel Color Corporation did not provide proper hand protection, resistant to methylene chloride, to an employee cleaning tools with Chlorinated in the QC Lab. The employee used Emerald Latex Examination Gloves that did not provide protection when working with methylene chloride.

Issued

2019-02-06 00:00:00

Penalty

Initial $5304.00 · Current $2700.00 Reduced

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:    a) On October 9, 2018, Excel Color Corporation did not provide washing facilities in the production room where employees used non-diluted Chlorinated, which contains 50-75% methylene chloride, to clean pigments off mixing equipment and to transfer the chemical into smaller containers.

Issued

2019-02-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 and did not ensure that affected employees use those facilities when necessary:  a) On October 9, 2018, Excel Color Corporation did not provide eyewash facilities in the production room where employees used non-diluted Chlorinated, which contains 50-75% methylene chloride, to clean pigments off mixing equipment and to transfer the chemical into smaller containers.

Issued

2019-02-06 00:00:00

Penalty

Initial $3031.00 · Current $1700.00 Reduced

General-duty citation text

29 CFR 1910.1052(k)(1)(iii): The employer did not include methylene chloride in the hazard communication program established to comply with hazard communication standard (HCS) (1910.1200) and did not ensure each employee was trained in accordance with the requirements of HCS and paragraph (l) of this section:    a) On October 9, 2018, Excel Color Corporation did not include methylene chloride in its hazard communication program. Employees were exposed to methylene chloride when working in the production room and QC lab.

Issued

2019-02-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1052(l)(3)(i): The employer did not inform each affected employee of the requirements of 29 CFR 1910.1052 and the information available in its appendices and/or how to access or obtain a copy of it in the workplace:  a) On October 9, 2018, Excel Color Corporation did not inform employees working with methylene chloride in the production room and QC lab of the requirements of 29 CFR 1910.1052. and how to obtain a copy of it.

Issued

2019-02-06 00:00:00

Abate by

2019-03-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

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) On October 9, 2018, Excel Color Corporation did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling and other forms of warning; 2) Safety data sheet (SDS) availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.    Employees working in the production room and QC lab were exposed to chemicals including, but not limited to, Cabot Carbon Black Monarch 120, Titanium Dioxide R996, Tallicin K-2 (trade secret), Epikure Curing Agent 3270 (phenol, n-(aminoethyl)piperazine, diethylenetriamine) and Joncryl 60 (acrylic acid, ammonia, ammonium salt).

Issued

2019-02-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  a) On October 9, 2018, Excel Color Corporation did not ensure that each spray bottle of Chlorinated (50-75% methylene chloride) located in the production room was properly labeled, tagged or marked.   b) On October 9, 2018, Excel Color Corporation did not ensure that each plunger can of Chlorinated (50-75% methylene chloride) located in the QC lab was properly labeled, tagged or marked.  The plunger cans did not include the address and telephone number of the manufacturer, signal words, hazard and precautionary statements.

Issued

2019-02-06 00:00:00

Abate by

2019-04-05 00:00:00

Penalty

Initial $2273.00 · Current $1600.00 Reduced

General-duty citation text

29 CFR 1910.1200(f)(1)(iv): 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 pictogram(s):    a) On October 9, 2018, Excel Color Corporation did not ensure that a container of pigment UX-868 Custom Gray leaving the workplace was labeled, tagged or marked with the pictogram.

Issued

2019-02-06 00:00:00

Abate by

2019-04-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(f)(1)(ii): 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 signal word:    a) On October 9, 2018, Excel Color Corporation did not ensure that a container of pigment UX-868 Custom Gray leaving the workplace was labeled, tagged or marked with the signal word.

Issued

2019-02-06 00:00:00

Abate by

2019-04-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1200(d)(3)(i): Chemical manufacturers, importers or employers evaluating chemicals did not follow the procedures described in Appendices A and B to 29 CFR 1910.1200 to classify the hazards of the chemicals, including determinations regarding when mixtures of the classified chemicals are covered by 29 CFR 1910.1200    a) On October 9, 2018, Excel Color Corporation did not follow the procedures described in Appendices A and B to 29 CFR 1910.1200 to classify the hazards of pigment UX-868 Custom Gray, which is a mixture of titanium dioxide (50-80%) and carbon black (<10%).