OSHA Inspection: WHEELER TANK MANUFACTURING, INC.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $5,304 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.106(d)(5)(i): Flammable liquids were stored so as to limit use of exits, stairways, or areas normally used for the safe egress of people:    (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure employees were protected from hazards associated with emergency egress in that a cylinder of compressed dissolved acetylene was stored near the south east exit door of the small shop that was labeled as an emergency exit door. The dissolved acetylene cylinder was secured to the building wall. This condition exposed employees to hazards associated with emergency egress.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(e)(6)(ii): Category 1 or 2 flammable liquids or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), shall not be dispensed into containers unless the nozzle and container are electrically interconnected:  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure an employee was protected from static ignition sources associated with transferring butan-2-one (methyl ethyl ketone) from a 55-gallon steel drum to a 5-gallon drum for use in cleaning. This condition exposed employees to fire hazards.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.107(e)(2): The quantity of flammable liquids or liquids with a flashpoint greater than 199.4 °F (93 °C) kept in the vicinity of spraying operations were greater than the minimum required for operations for 1 day or one shift:  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure employees were protected from fire hazards in that the company stored flammable paints and solvents in the paint booth in quantities greater than used in one workday. This condition exposed employees to fire hazards.

Issued

May 16, 2019

Abate by

Jul 12, 2019

Penalty

Initial $5,304 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:    (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not implement the company's written respiratory protection program covering employees required to use respiratory protection when performing work. This condition exposed employee to chemical hazards and hazards related to respirator use.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employees required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure employees had passed an appropriate fit test prior to being required to wear a respirator when performing work. This condition exposed employee to chemical hazards.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): The employer did not ensure employees wearing respirators with tight-fitting facepieces did not have facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure employees required to wear respirators when performing work were clean shaven to allow for an appropriate seal between the facepiece and the face. This condition exposed employees to chemical hazards.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(1)(iii): Employee(s) did not perform a user seal check each time they put on a tight-fitting respirator using the procedure in Appendix B-1 of 29 CFR 1910.134 or procedures recommended by the respirator manufacturer that the employer demonstrated were as effective as those in Appendix B-1:  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure employees required to wear respirators when performing work performed a seal check prior to performing work when wearing a respirator. This condition exposed employee to chemical hazards.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

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:  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure respirators were stored appropriately. This condition exposed employee to chemical hazards.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to employees who were required to use respirators:   (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did ensure employees received training covering respirator use on an annual basis. This condition exposed employees to chemical hazards and hazards associated with respirator use.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $5,304 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:    (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not implement the company's permit required confined space program for employees entering capped tanks to perform welding and grinding. This condition exposed employees to hazards associated with entry into permit required confined spaces.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(5)(ii)(C): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but before an employee entered the space, the internal atmosphere was not tested with a calibrated direct-reading instrument:  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure employees required to entered capped tanks to perform work tested the internal atmosphere of the tank prior to entry. This condition allowed employees to be exposed to hazards that may be present in the capped tanks due to welding, grinding and other process that may affect the internal air quality of the tank.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(5)(ii)(F): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but the atmosphere within space was not periodically tested to ensure that the continuous forced air ventilation was preventing development of a hazardous atmosphere:   (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure the internal atmosphere was periodically tested during when employee performed work in permit required confined spaces when using forced air ventilation. This condition exposed employees to hazards associated with entry into permit required confined spaces.

Issued

May 16, 2019

Abate by

Jun 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(5)(ii)(H): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i), but the employer did not verify that the space was safe for entry:    (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not create a written certification to verify entry conditions were met prior to employees entering each permit required confined space. This condition exposed employees to hazards associated with entry into permit required confined spaces.

Issued

May 16, 2019

Abate by

Jul 12, 2019

Penalty

Initial $9,282 · Current $7,000 Reduced

General-duty citation text

29 CFR 1910.1026(c): The employer did not ensure that employees were not exposed to an airborne concentration of chromium (VI) in excess of 5 micrograms per cubic meter of air, calculated as an 8-hour time-weighted average (TWA).    (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019,  the employer did not ensure that employees were not exposed to an airborne concentration of chromium (VI) in excess of five micrograms per cubic meter of air (5ug/m3), calculated as a eight-hour time-weighted average (TWA).  Employees performed welding and grinding on stainless steel in the stainless steel tank shop. Welding and grinding on stainless steel generated chromium (VI) dust. On January 17, 2019 one employee was exposed to chromium (VI) at a concentration greater than the eight-hour time-weighted average (TWA) permissible exposure limit (PEL) of 0.005 mg/m3. The employee was exposed to chromium (VI) at a concentration of 0.183 mg/m3 as an 8 hour TWA. This is 36.6 times the PEL. Air monitoring was conducted for 316 minutes.      (b) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019,  the employer did not ensure that employees were not exposed to an airborne concentration of chromium (VI) in excess of five micrograms per cubic meter of air (5ug/m3), calculated as a eight-hour time-weighted average (TWA).  Employees performed welding and grinding on stainless steel in the stainless steel tank shop. Welding and grinding on stainless steel generated chromium (VI) dust. On January 17, 2019 one employee was exposed to chromium (VI) at a concentration greater than the eight-hour time-weighted average (TWA) permissible exposure limit (PEL) of 0.005 mg/m3. The employee was exposed to chromium (VI) at a concentration of 0.014 mg/m3 as an 8 hour TWA. This is 2.8 times the PEL. Air monitoring was conducted for 286 minutes.

Issued

May 16, 2019

Abate by

Nov 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1026(f)(1)(i): Feasible engineering controls and work practices were not instituted to reduce and maintain employee exposures to chromium (VI) at or below the permissible exposure limit:  (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019,  the employer did not implement engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) at or below the PEL.  Employees performed welding and grinding on stainless steel in the stainless steel tank shop. Welding and grinding on stainless steel generated chromium (VI) dust. On January 17, 2019 one employee was exposed to chromium (VI) at a concentration greater than the eight-hour time-weighted average (TWA) permissible exposure limit (PEL) of 0.005 mg/m3. The employee was exposed to chromium (VI) at a concentration of 0.183 mg/m3 as an 8 hour TWA. This is 36.6 times the PEL. Air monitoring was conducted for 316 minutes.    (b) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019,  the employer did not implement engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) at or below the PEL.  Employees performed welding and grinding on stainless steel in the stainless steel tank shop. Welding and grinding on stainless steel generated chromium (VI) dust. On January 17, 2019 one employee was exposed to chromium (VI) at a concentration greater than the eight-hour time-weighted average (TWA) permissible exposure limit (PEL) of 0.005 mg/m3. The employee was exposed to chromium (VI) at a concentration of 0.014 mg/m3 as an 8 hour TWA. This is 2.8 times the PEL. Air monitoring was conducted for 286 minutes.

Issued

May 16, 2019

Abate by

Jul 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1026(k)(1)(i): The employer did not make medical surveillance for chromium (VI) exposures available at no cost to the employees, and/or at a reasonable time and place:    (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019,  the employer did not ensure that employees were not exposed to an airborne concentration of chromium (VI) in excess of five micrograms per cubic meter of air (5ug/m3), calculated as a eight-hour time-weighted average (TWA).  Employees performed welding and grinding on stainless steel in the stainless steel tank shop. Welding and grinding on stainless steel generated chromium (VI) dust. On January 17, 2019 one employee was exposed to chromium (VI) at a concentration greater than the eight-hour time-weighted average (TWA) permissible exposure limit (PEL) of 0.005 mg/m3. The employee was exposed to chromium (VI) at a concentration of 0.183 mg/m3 as an 8 hour TWA. This is 36.6 times the PEL. Air monitoring was conducted for 316 minutes. Medical surveillance for exposure to chromium (VI) was not made available at no cost to the employees, and/or at a reasonable time and place.    (b) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019,  the employer did not ensure that employees were not exposed to an airborne concentration of chromium (VI) in excess of five micrograms per cubic meter of air (5ug/m3), calculated as a eight-hour time-weighted average (TWA).  Employees performed welding and grinding on stainless steel in the stainless steel tank shop. Welding and grinding on stainless steel generated chromium (VI) dust. On January 17, 2019 one employee was exposed to chromium (VI) at a concentration greater than the eight-hour time-weighted average (TWA) permissible exposure limit (PEL) of 0.005 mg/m3. The employee was exposed to chromium (VI) at a concentration of 0.014 mg/m3 as an 8 hour TWA. This is 2.8 times the PEL. Air monitoring was conducted for 286 minutes. Medical surveillance for exposure to chromium (VI) was not made available at no cost to the employees, and/or at a reasonable time and place.

Issued

May 16, 2019

Abate by

Jul 12, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1026(l)(1)(iii): The employer had not included chromium (VI) (Cr(VI)) in the hazard communication program, established to comply with the Hazard Communication Standard, 29 CFR 1910.1200, ensured that each employee had access to labels on containers of chromium (VI) and to safety data sheets, and was trained in accordance with the requirements of the Hazard Communication Standard and 29 CFR 1910.1026(l)(2), including the contents of the Hexavalent Chromium Standard, the purpose and a description of the medical surveillance program, and made copies of this standard available to all affected employees:    (a) Wheeler Tank Manufacturing, Inc. at 4001 North 4th Avenue, Sioux Falls, SD 57104: On or about and at times prior to January 17, 2019, the employer did not ensure that Cr(VI) was included in the company's hazard communication program. Employees had not received training on hazards associated with Cr(VI) or the Hexavalent Chromium Standard, the purpose and a description of the medical surveillance program, and made copies of this standard available to all affected employees This condition exposed employees to hazards associated with exposure to Cr(VI).