OSHA Inspection: BOWERY INC.

Issued

Apr 25, 2019

Penalty

Initial $6,630 · Current $5,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees exposed to fire/explosion hazards while dispensing flammable liquids:    Worksite, 1 Eastern Road, Kearny, NJ    a) Employees dispense flammable liquids to include Alpet D2 and Biomist D2 containing approximately 55% Isopropyl Alcohol from a 55 gallon drums to smaller 5 gallon carboy containers.  The employees that dispense this flammable liquid do not bond and ground the containers to prevent a static spark and possible fire.     Violation occurred  on or around 12-13-18

Issued

Apr 25, 2019

Abate by

May 22, 2019

Penalty

Initial $9,282 · Current $5,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees  from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to eye and skin burns when using corrosive:    Worksite, 1 Eastern Road, Kearny, NJ    a) Harvesting Room employees dilute and work with corrosive liquid chemicals including but not limited to Sanidate 5.0 (23% Hydrogen Peroxide, pH of 1.56) and Green Klean Alkaline cleaner (pH of 13.6).  There was a gravity eyewash in this room near the chemical storage and work station, however an employee suffered burns to the body requiring a body wash or shower as the nearest shower was approximately 50 feet.  There were also eye and face shields available to employees, but employees did not always use them and were not trained in when they should use what type of personal protective equipment (PPE).      b) Receiving Room employees receive and store 55 gallon drums of corrosive liquid chemicals including but not limited to Sanidate 5.0 (23% Hydrogen Peroxide, pH of 1.56) and Green Klean Alkaline cleaner (pH of 13.6).  The employees also dispense these chemicals from the drums into 5 gallon containers for use in the farm operations. There is no body wash or shower nor eyewash in this Receiving Room.        Violation occurred  on or about  12-13-18

Issued

Apr 25, 2019

Penalty

Initial $9,282 · Current $5,194 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1) as referenced by 29 CFR 1928.21(a)(5): 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:    Employees dilute and work with corrosive liquid chemicals including but not limited to Sanidate 5.0 (23% Hydrogen Peroxide, pH of 1.56), Green Klean Alkaline cleaner (pH of 13.6) and flammable liquids Alpet D2 and Biomist D2 that contain approximately 55% Isopropyl Alcohol.  The employer failed to develop and implement a written hazard communication program for employees using such chemicals.     Violation occurred on or about 12-12-18 to 1-30-19

Issued

Apr 25, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(ii) as referenced by 29 CFR 1928.21(a)(5): Employee training did not include the physical and health hazards of the chemicals in the work area:  a) Worksite, 1 Eastern Road, Kearny, NJ  Employees dilute and work with corrosive liquid chemicals including but not limited to Sanidate 5.0 (23% Hydrogen Peroxide, pH of 1.56), Green Klean Alkaline cleaner (pH of 13.6) and flammable liquids Alpet D2 and Biomist D2 that contain approximately 55% Isopropyl Alcohol.  Workers using such chemicals were not trained in their the physical and health hazards.    Violation occurred 12-12-18 to 1-30-19

Issued

Apr 25, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(iii) as referenced by 29 CFR 1928.21(a)(5):  Employee training did not include the measures employees can take to protect themselves from chemical hazards, including specific procedures the employer had implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures and personal protective equipment to be used:  a) Worksite, 1 Eastern Road, Kearny, NJ  Employees dilute and work with corrosive liquid chemicals including but not limited to Sanidate 5.0 (23% Hydrogen Peroxide, pH of 1.56), Green Klean Alkaline cleaner (pH of 13.6) and flammable liquids Alpet D2 and Biomist D2 that contain approximately 55% Isopropyl Alcohol.  Workers were not trained in specific procedures to follow, such as dispensing the concentrated Sanidate 5.0 in a manner to avoid splashing through the 2nd air port, using eye protection while working with the chemical, and dispensing the flammable Alpert into smaller containers using bonding and grounding to avoid static sparks and fire.   Violation occurred 12-12-18 to 1-30-19