OSHA Inspection: ADM LABS LLC

Issued

Dec 6, 2019

Abate by

Mar 10, 2020

Penalty

Initial $3,789 · Current $2,273 Reduced

General-duty citation text

29 CFR 1910.106(h)(4)(iv)(a):  Equipment was not designed and arranged to prevent the unintentional escape of liquids and vapors and to minimize the quantity escaping in the event of accidnetal release:    (a)  On or about July 30, 2019, and at times prior, employees were exposed to fire hazards due to the escape of ethanol vapors during open-top transfers of denatured alcohol solutions, releasing flammable vapors into the lab. Transfers include but were not limited to, from open 5-10 gallon buckets to DrainDroyds, and the open gravity transfer of ethanol from rotary evaporators after processing.  Spills of the ethanol and ethanol solution would occur on occasion as well.      Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Mar 10, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(h)(7)(i)(a): Precautions were not taken to prevent the ignition of flammable vapors. Sources of ignition include but are not limited to open flames; lightning; smoking; cutting and welding; hot surfaces; frictional heat; static, electrical, and mechanical sparks; spontaneous ignition, including heat-producing chemical reactions; and radiant heat:  (a)  On or about July 30, 2019, and at times prior, ADM Labs LLC, as the creating and exposing employer, did not ensure that its employees and employees of Western Acceptance LLC, co-located employer, were protected from flash fire and fire hazards in that ethanol vapors were not prevented from escaping containers during processing in the lab.  Processing included but was not limited to, open-top transfers of denatured alcohol solutions and open gravity transfer of ethanol from rotary evaporators after processing.  Nor were measures taken to ensure sparks were prevented in the areas where processing occurred such as by using non-static producing buckets, bonding containers during transfers, and ensuring only explosion proof equipment in the area.  The electrical installations including outlets, switches, panel boxes, and conduit were not explosion proof, nor was the box fan used in the area.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $3,789 · Current $2,273 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):    (a)  On or about July 30, 2019, and at times prior, employees were exposed to hazards during processing and cleaning activities in the lab area, and the employer had not conducted an assessment to determine the required personal protective equipment.  Potential hazards included but were not limited to, irritating and corrosive chemicals requiring specific gloves, eye protection, and face shields; flammable liquids potentially requiring flame-resistant clothing; and volatile organic compounds in the air requiring respiratory protection. An employee wearing safety glasses instead of goggles, was splashed in the eyes with denatured alcohol and required water flushing.      Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $2,273 · Current $1,300 Reduced

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) On or about July 30, 2019, and at times prior, the employer did not ensure employees were safe and healthy while wearing voluntarily-use respirators while performing work tasks, by documenting and implementing a respiratory protection program.  The program must include medical evaluations, and respiratory cleaning, storage, and maintenance.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $0 · Current $0

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 or about July 29, 2019, and at times prior, employees who voluntarily wore respirators while performing work tasks, were exposed to the hazards of wearing a respirator without having a medical evaluation in advance to ensure that they were medically able to use the respirator.      Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(1): Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:  (a) On or about July 30, 2019, and at times prior, employees who voluntarily wore respirators while performing work tasks involving solvent (ethanol) vapors and potentially other contaminants such as pesticide vapors, did not properly clean and disinfect respirators.  The full face elastomeric respirator was placed on a general PPE rack without being in a protective bag, and had expired cartridges with contaminants on them.        Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $0 · Current $0

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) On or about July 30, 2019, and at times prior, employees who voluntarily wore respirators while performing work tasks involving solvent (ethanol) vapors and potentially other contaminants such as pesticide vapors, were exposed to the hazards of wearing a respirator without having been advised of the hazards of improper use and cleaning.      Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $3,789 · Current $2,273 Reduced

General-duty citation text

29 CFR 1910.178(c)(2)(iv): Power-operated industrial trucks designated as DY, EE, or EX were not used in locations where volatile flammable liquids or flammable gases were  handled, processed or used, but in which the hazardous liquids, vapors or gases were normally confined within closed containers or closed systems from which they could have escaped only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment:    (a)  On or about August 18, 2019, and at times prior, ADM Labs LLC, as the creating and exposing employer, did not ensure that its employees and the employees of Western Acceptance LLC, co-located employer, were protected from flash fire hazards while using an E rated forklift to transport containers of ethanol, and operate the forklift in an area where ethanol vapors were released.  The Toyota Electric Forklift Truck, Model SFBDLI25, is owned by Western Acceptance LLC.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Mar 10, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.307(c)(2)(i): Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location:  (a) On or about July 30, 2019, and at times prior, ADM Labs LLC, as creating and exposing employer, did not ensure that its employees and the employees of Western Acceptance LLC, co-located employer, were protected from flash fire hazards in that the equipment and electrical installations including outlets, switches, panels, and conduit, in hazardous (classified) locations, were not approved for the hazards in the lab.  Employees used denatured alcohol (ethanol) in the Cannabidiol (CBD) extraction process in the lab.  An ethanol solution was regularly transferred from an open-top bucket to an open-top draindroyd allowing vapors in the air during transfer and processing; ethanol was removed from rotary evaporates through an open gravity transfer.  These condition exposed employees to a flash fire hazard due to the potential for an ignition source in an area where flammable vapors were, or could have been, present.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $2,273 · Current $881 Reduced

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)  On or about July 30, 2019, and at times prior, employees were exposed to hazardous chemicals and did not have a hazard communication program to reference or follow to ensure their safety while handling and using the chemicals.  Chemicals on site include, but are not limited to, denatured alcohol (serious eye irritation, CNC depressant, skin irritation, flammable), bleach (serious eye irritation, skin irritation), ammonia (skin corrosion, serious eye damage, inhalation acute toxicity), and degreaser (corrosive liquid).    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(i): The employee training did not include the methods and observations used to detect the presence or release of a hazardous chemical in the work area:  (a)  On or about July 30, 2019, and at times prior, employees were exposed denatured alcohol vapors during open-top transfer and processing operation and were not trained in any system or method to detect the presence of hazardous concentrations of the vapors in the work area.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet"

Issued

Dec 6, 2019

Abate by

Jan 10, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  (a)  On or about August 18, 2019, and at times prior, the employer did not ensure that employees were safe during forklift operations in that the employees were not trained.  Hazards include tipping, ejection, and flash fires related to handling flammable liquid with the forklift.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").