OSHA Inspection: FS VAIL EMPLOYMENT, INC.

Issued

Feb 27, 2020

Penalty

Initial $5,205 · Current $3,644 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) FS Vail Employment, Inc. at 1 Vail Road, Vail, CO: On and around November 19, 2019, the employer did not assess the workplace to determine if hazards were present or likely to be present , which necessitated the use of personal protective equipment (PPE) in that housekeepers and bartenders used hazardous cleaning chemicals but hazards were not assessed to determine PPE requirements for tasks. Lack of a PPE hazard assessment may prevent employees from choosing and using the correct PPE for a task.      Abatement Note:  When then employer has determined that hazards are present, or likely to be present, the employer shall:  (1)  Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;  (2)  Communicate selection decisions to each affected employee; and,  (3)  Select PPE that properly fits each affected employee.  (4)  The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.  (5)  Defective and damaged equipment. Defective or damaged personal protective equipment shall not be used.   (6)  The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following:        (a)  When PPE is necessary;        (b)  What PPE is necessary;        (c)  How to properly don, doff, adjust, and wear PPE;        (d)  The limitations of the PPE; and,   (7)  Each affected employee shall demonstrate an understanding of the training specified in paragraph (1) of this section, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.   (8)  When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (2) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:        (a)  Changes in the workplace render previous training obsolete; or        (b)  Changes in the types of PPE to be used render previous training obsolete; or        (c)  Inadequacies in an affected employee's knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.  (9)  The employer shall verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subject of the certification.  (10) Paragraphs (d) and (f) of this section apply only to 1910.133, 1910.135, 1910.136, and 1910.138. Paragraphs (d) and (f) of this section do not apply to 1910.134 and 1910.137.    Note: Non-mandatory Appendix B contains an example of procedures that would comply with the requirement for a hazard assessment.

Issued

Feb 27, 2020

Abate by

Apr 17, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:    (a) FS Vail Employment, Inc. at 1 Vail Road, Vail, CO: On and around November 19, 2019, the employer did not require that the housekeeper or bartenders use protective eye equipment, while using hazardous chemicals including, but not limited to 14 Plus Antibacterial All Purpose Cleaner, 66 Heavy Duty Alkaline Bathroom Cleaner and Disinfectant, and Oasis Morning Breeze Room Refresher. This condition exposed employees to chemical liquid eye hazards.

Issued

Feb 27, 2020

Penalty

Initial $5,205 · Current $3,643 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) FS Vail Employment, Inc. at 1 Vail Road, Vail, CO: On and around November 19, 2019, the employer did not develop, implement, and maintain at the workplace a site specific written hazard communication program.  Employees are potentially exposed to hazardous chemicals, including but not limited to the following:    1) 14 Plus Antibacterial All Purpose Cleaner  2) 66 Heavy Duty Alkaline Bathroom Cleaner and Disinfectant  3) Oasis Morning Breeze Room Refresher

Issued

Feb 27, 2020

Abate by

Apr 17, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(6): Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with either the information specified under paragraphs (f)(1)(i) through (v) of this section for labels on shipped containers; or product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:    (a) FS Vail Employment, Inc. at 1 Vail Road, Vail, CO: On and around November 19, 2019, the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemicals contained within. Plastic secondary spray bottles were filled from bulk containers of hazardous chemicals but the spray bottles did not have globally harmonized labels identifying the chemical within. The chemicals in the secondary containers included but were not limited to 14 Plus Antibacterial All Purpose Cleaner, 66 Heavy Duty Alkaline Bathroom Cleaner and Disinfectant, and Oasis Morning Breeze Room Refresher.

Issued

Feb 27, 2020

Abate by

Apr 17, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical:    (a) FS Vail Employment, Inc. at 1 Vail Road, Vail, CO: On and around November 19, 2019, the employer did not ensure that material safety data sheets were updated to safety data sheets for each hazardous chemical in the workplace, including, but not limited to, 14 Plus Antibacterial All Purpose Cleaner, 66 Heavy Duty Alkaline Bathroom Cleaner and Disinfectant, and Oasis Morning Breeze Room Refresher. This condition exposed employees to chemical hazards.

Issued

Feb 27, 2020

Abate by

Apr 17, 2020

Penalty

Initial $0 · Current $0

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) FS Vail Employment, Inc. at 1 Vail Road, Vail, CO: On and around November 19, 2019, the employer did not provide employees with effective information and training on hazardous chemicals in their work area.  Employees did not know the hazards of the chemicals in their work areas. This condition exposed employees to chemical hazards, including but not limited to, 14 Plus Antibacterial All Purpose Cleaner, 66 Heavy Duty Alkaline Bathroom Cleaner and Disinfectant, Oasis Morning Breeze Room Refresher, and SHER-WOOD Hi-Bid Precat Lacquer Bright Rubbed Effect.

Issued

Feb 27, 2020

Abate by

Apr 17, 2020

Penalty

Initial $1,735 · Current $0 Reduced

General-duty citation text

29 CFR 1904.29(a): A Log of all Work-Related Injuries and Illnesses (OSHA Form 300), and/or the Summary of Work-Related Injuries and Illnesses, (OSHA Form 300-A), and/or the Injury and Illness Incident Report (OSHA Form 301) or equivalent forms were not kept by the establishment:    (a) FS Vail Employment, Inc. at 1 Vail Road, Vail, CO: On and around November 19, 2019, the employer did not maintain a Log of all Work-Related Injuries and Illnesses (OSHA Form 300), and/or the Summary of Work-Related Injuries and Illnesses, (OSHA Form 300-A), and/or the Injury and Illness Incident Report (OSHA Form 301) or equivalent forms for 2016.