OSHA Inspection: BUFFALO NIAGARA GUN RANGE, INC.

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $2842.00 · Current $2842.00

Hazardous substances 8111

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:  a)  50-yard indoor gun firing range - On or about 04/18/2019, range employees assisting rental customers were exposed to continuous noise at approximately 124.6% of the permissible daily noise level (8-hour time-weighted average sound level of 90 dBA) or an equivalent sound level of approximately 91.58 dBA during the 129 minute sampling period on April 18, 2019; exposure calculations included a zero increment for the 351 minutes not sampled.  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.  ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a)  50-yard indoor gun firing range - On or about 04/18/2019, range employees assisting rental customers were exposed to continuous noise at approximately 124.6% of the permissible daily noise level (8-hour time-weighted average sound level of 90 dBA) or an equivalent sound level of approximately 91.58 dBA during the 129 minute sampling period on April 18, 2019; exposure calculations included a zero increment for the 351 minutes not sampled.  The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels.  ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:   a)  50-yard indoor gun firing range - On or about 04/18/2019, range employees assisting rental customers were exposed to continuous noise at approximately 124.6% of the permissible daily noise level (8-hour time-weighted average sound level of 90 dBA) or an equivalent sound level of approximately 91.58 dBA during the 129 minute sampling period on April 18, 2019; exposure calculations included a zero increment for the 351 minutes not sampled.  The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program.  ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $2273.00 · Current $2273.00

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)  50-yard indoor gun firing range - On or about 04/18/2019, range employees cleaning the range at the completion of the day required to don a half-face, negative pressure, air purifying respirator (NORTH) when 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.  b)  50-yard indoor gun firing range - On or about 04/18/2019, range employees assisting rental customers required to don a filtering facepiece, negative pressure, air purifying respirator (3M) when 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.  ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 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:  (Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.)  a)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before range employees were required to don a half-face, negative pressure, air purifying respirator (NORTH) when cleaning the range.  b)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before range employees were required to use a filtering face piece (3M) when assisting rental customers on the range.   ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  a)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not ensure that range employee(s) required to don a half-face, negative pressure, air purifying respirator (NORTH) to clean the range at the completion of the day, passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) .  b)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not ensure that range employee(s) required to don a filtering facepiece, negative pressure, air purifying respirator (3M) to clean the range at the completion of the day, passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) .  ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k): The employer did not provide comprehensive, understandable, and effective annual training to employees who were required to use respirators.  a)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not provide comprehensive, understandable, and effective annual training to range employees who were required to use half-face, negative pressure, air purifying respirator (NORTH) to clean the range.  b)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not provide comprehensive, understandable, and effective annual training to range employees who were required to use filtering facepiece respirators (3M) when assisting rental customers on the range.  ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Penalty

Initial $2842.00 · Current $2842.00

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:  a)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not make an initial determination to determine if range employees assisting rental customers on the range may be exposed to lead at or above the action level from using lead bullets and/or lead-containing primers.  b)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not make an initial determination to determine if range employees performing clean-up operations may be exposed to lead at or above the action level from residue left from use of lead bullets and/or lead-containing primers.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1025(l)(1)(i): Employee(s) working in an area where there is potential exposure to airborne lead at any level were not informed of the content of Appendices A and B of 29 CFR 1910.1025:  a)  50-yard indoor gun firing range - On or about 04/18/2019, range employees assisting rental customers where there was potential exposure to airborne levels of lead from using lead bullets and/or lead-containing primers were not informed of the content of Appendices A and B of 29 CFR 1910.1025.    b)  50-yard indoor gun firing range - On or about 04/18/2019, range employees performing clean-up operations where there was potential exposure to airborne levels of lead from using lead bullets and/or lead-containing primers were not informed of the content of Appendices A and B of 29 CFR 1910.1025.    ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 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)  50-yard indoor gun firing range - On or about 04/18/2019, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.  Employees working in the range use chemicals such as but not limited to which contains D-Lead Soap, an eye irritant containing sodium chloride.  A written program should include descriptions of how the criteria for: 1.      Labeling and other forms of warning; 2.      Material Safety Data Sheets AND 3.      Employee information and training will be met.  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 hazard must also be addressed.  The written program must be made available upon request.  ABATEMENT CERTIFICATION REQUIRED

Issued

2019-08-28 00:00:00

Abate by

2019-09-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:  a)  50-yard indoor gun firing range - On or about 04/18/2019, 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.  Employees working in the range use chemicals such as but not limited to which contains D-Lead Soap, an eye irritant containing sodium chloride.  Employees shall be informed of:  1.      The requirements of this section: 2.      Any operations where hazardous chemicals are present; AND  3.      The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and Material Safety Data Sheets.       Employee training shall include at least:  1.      Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area. 2.      The physical and health hazards of the chemicals in the work area.  3.      The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used.  4.      The details of the employers Hazard Communication Program including an explanation of labeling systems, Material Safety Data Sheets and how employees can obtain and use the appropriate hazard information.  ABATEMENT CERTIFICATION REQUIRED