OSHA Inspection: LEE MILLER USED CARS & TRUCKS, INC.

Issued

Apr 24, 2019

Abate by

Jun 24, 2019

Penalty

Initial $1,705 · Current $1,200 Reduced

Hazardous substances 24602590

General-duty citation text

29 CFR 1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:     a) Lee Miller Used Cars & Trucks - On or about March 21, 2019, an employee was permitted to wear a half-face elastomeric respirator to protect themself from inhalation hazards associated with spray painting, and the employer did not develop a written respiratory protection program with the required elements related to voluntary elastomeric respirator use.      Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 24, 2019

Abate by

Jun 24, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 24602590

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 employer permitted the employee to use the respirator in the workplace:    a) Lee Miller Used Cars & Trucks - On or about March 21, 2019, an employee was permitted to wear a half-face elastomeric respirator to protect them self from inhalation hazards associated with spray painting, and the employer did not provide a medical evaluation as required.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 24, 2019

Abate by

Jun 24, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 24602590

General-duty citation text

29 CFR 1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:    a) Lee Miller Used Cars & Trucks - On or about March 21, 2019, an employee was permitted to wear a half-face elastomeric respirator to protect themself from inhalation hazards associated with spray painting, and was not provided basic advisory information on respirator use.   Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 24, 2019

Abate by

Jun 24, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 0070

General-duty citation text

29 CFR 1910.253(b)(4)(iii): Oxygen cylinders in storage were not separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fire-resistance rating of at least one-half hour:  a) Lee Miller Used Cars & Trucks - On or about March 8, 2019, Oxygen cylinders in storage were not separated from fuel-gas cylinders, such as acetylene, at a minimum distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fire-resistance rating of at least one-half hour.     Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 24, 2019

Abate by

Jun 24, 2019

Penalty

Initial $1,705 · Current $1,200 Reduced

Hazardous substances 215022602460

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:     a) Lee Miller Used Cars & Trucks - On or about March 8, 2019, employees were exposed to hazardous chemicals, such as but not limited to, aerosol spray paints and TEC258 wheel cleaner, 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.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.      ABATEMENT NOTE: A written program shall include descriptions of how the criteria for the following will be met:  1.  Labeling, pictograms, and other forms of warning;  2.  Safety Data Sheets;  3.  Employee information and training.      Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and of the availability of material safety data sheets, must also be addressed.  The written program must be made available upon request.

Issued

Apr 24, 2019

Abate by

Jun 24, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 215022602460

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area, as required in sections (h)(2)(Information) and (h)(3)(Training):  a) Lee Miller Used Cars & Trucks - On or about March 8, 2019, employees were exposed to hazardous chemicals, such as but not limited to, aerosol spray paints and TEC258 wheel cleaner, and the employer did not provide effective information and training on hazards of such chemicals as required.    Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.    ABATEMENT NOTE: A written program shall include descriptions of how the criteria for the following will be met: 1.  Labeling, pictograms, and other forms of warning; 2.  Safety Data Sheets; 3.  Employee information and training.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and of the availability of material safety data sheets, must also be addressed.  The written program must be made available upon request.