OSHA Inspection: THE ESTATE OF CHEMETCO, INC. ; DIVERSIFIED MINERALS OF TEXAS, LLC

Issued

2020-05-26 00:00:00

Abate by

2020-07-13 00:00:00

Penalty

Initial $5398.00 · Current $4049.00 Reduced

Hazardous substances 81108111

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 (TWA) sound level of 85 decibels measured on the A scale (dBA), or equivalently a dose of fifty percent:    On or about December 4th, 2019, the employer did not administer a continuing, effective hearing conservation program per the requirements of 29 CFR 1910.95 (c) through (o) whenever employee noise exposures equaled or exceeded an 8-hour TWA sound level of 85 dBA, or equivalently a dose of fifty percent, in the following instances:    a) An employee attending the Didion crushing unit on or about March 11th, 2020, was exposed to noise at 194.5% of the permissible daily dose of 50%, or an average sound level of 96.6 dBA, as measured over 374 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 94.8 dBA, accounting for the period of 106 minutes unmonitored.    b) An employee attending the Didion crushing unit on or about March 11th, 2020, was exposed to noise at 184.5% of the permissible daily dose of 50%, or an average sound level of 96.2 dBA, as measured over 372 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 94.4 dBA, accounting for the period of 108 minutes unmonitored.

Issued

2020-05-26 00:00:00

Abate by

2020-07-13 00:00:00

Penalty

Initial $3856.00 · Current $2506.00 Reduced

Hazardous substances 0260049007301591

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:    On or about December 4th, 2019, the employer did not establish and implement a written respiratory program with worksite-specific procedures that included the provisions in 29 CFR 134(c)(1)(i) - (ix) at the Chemetco, Inc. work site, located at 3754 Chemetco Lane in Hartford, IL, where employees were required to wear 1/2-mask elastomeric respirators.  Such provisions include, but are not limited to:    1.  Procedures for selecting respirators in the workplace;   2.  Medical evaluations of employees required to use the respirators;   3.  Fit-testing procedures for tight-fitting respirators;    4.  Procedures for the proper use of respirators;   5.  Procedures and schedules for cleaning, disinfecting, storing, inspecting, discarding, and otherwise maintaining respirators;   5.  Training of employees in respiratory hazards to which they are potentially exposed;  6.  Training employees in the proper use of respirators, and procedures for regularly evaluating the effectiveness of the program, and;   7.  Procedures for regularly evaluating the effectiveness of the program.

Issued

2020-05-26 00:00:00

Abate by

2020-07-13 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:  On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that employees required to wear 1/2 mask, elastomeric respirators had been medically evaluated for their fitness to wear the respirator prior to being required to do so in the workplace.

Issued

2020-05-26 00:00:00

Abate by

2020-07-13 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0260049007301591

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that employees required to wear 1/2 mask, elastomeric respirators had been fit-tested with the respirator prior to being required to wear it in the workplace.

Issued

2020-05-26 00:00:00

Abate by

2020-06-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0260049007301591

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:  On or about December 4th, 2019, at the Chemetco, Inc. site located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that employees required to wear 1/2 mask, elastomeric respirators at the worksite did not have facial hair that came between the sealing surface of the facepiece and the employee's face.

Issued

2020-05-26 00:00:00

Abate by

2020-06-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 026007301591C141

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 or were not packed or stored to prevent deformation of the facepiece and exhalation valve:  On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that employees were storing 1/2 mask, elastomeric respirators required for use at the worksite in a manner that protected them from damage, contamination, dust, or sunlight in areas that include, but are not limited to, the Maintenance Department and the locker rooms.

Issued

2020-05-26 00:00:00

Penalty

Initial $3856.00 · Current $1928.00 Reduced

Hazardous substances 0730F104Z102

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:    On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer had not identified and evaluated the respiratory hazards present in the Didion processing area, Maintenance Shop, and Excavation areas, to include a reasonable estimate of employee exposures to respiratory hazards and the identification of the contaminant's chemical state and physical form.  Such hazards include, but are not limited to, copper, iron, and zinc.

Issued

2020-05-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

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:    On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that initial monitoring for lead had been performed to accurately determine the airborne concentration of inorganic lead to which employees may be exposed to in the Didion processing area, Maintenance Shop, and Excavation areas.

Issued

2020-05-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0490

General-duty citation text

29 CFR 1910.1027(d)(1)(i): The employer did not determine whether any employee was exposed to cadmium at or above the action level:    On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not determine if any employee was exposed to cadmium at or above the action limit in areas that include, but are not limited to, the Didion processing area, Maintenance Shop, and Excavation areas.

Issued

2020-05-26 00:00:00

Penalty

Initial $3856.00 · Current $2506.00 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:    On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that one or more methods of machine guarding were provided on work equipment to protect the operator and other employees in the machine area from hazards such as those created by the point of operation, in-going nip points, and rotating parts.      At the Didion processing unit, the employer did not ensure that employees were protected from contact with the rotating body of the Didion unit, nor from the exposed springs that facilitate the shaking motion of the unit or the gears underneath the body of the unit that facilitate the rotating motion.

Issued

2020-05-26 00:00:00

Penalty

Initial $5398.00 · Current $3509.00 Reduced

Hazardous substances 0260

General-duty citation text

29 CFR 1910.1018(k)(1): All surfaces were not maintained as free as practicable of accumulations of inorganic arsenic:    On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that surfaces were maintained as free as practicable of accumulations of inorganic arsenic:    a) Arsenic was found to be present on the surface of a break table in the secondary administrative building.   b) Arsenic was found to be present on the surface of a bench in the "clean side" locker room.   c) Arsenic was found to be present on the surface of a bench in the locker room storage area.   d) Arsenic was found to be present on the surface of a bench in the "dirty side" locker room.

Issued

2020-05-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(h)(1): All surfaces were not maintained as free as practicable of accumulations of lead:  On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that surfaces were maintained as free as practicable of accumulations of inorganic lead:  a) Lead was found to be present on the surface of microwave buttons in the employee kitchen area.  b) Lead was found to be present on the counter surface of the employee kitchen area.  c) Lead was found to be present on the handle of the refrigerator in the employee kitchen area.  d) Lead was found to be present on the surface of the main employee break table.  e) Lead was found to be present on the surface of a break table in the administrative office building.  f) Lead was found to be present on the surface of a bench in the "clean side" locker room.  g) Lead was found to be present on the surface of a bench in the locker room storage area.  h) Lead was found to be present on the surface of a bench in the "dirty side" locker room.

Issued

2020-05-26 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0490

General-duty citation text

29 CFR 1910.1027(k)(1): Surfaces were not maintained as free as practicable of accumulations of cadmium:  On or about December 4th, at the Chemetco worksite located at 3754 Chemetco Lane in Hartford, IL, the employer did not ensure that surfaces were maintained as free as practicable of accumulations of cadmium:  a) Cadmium was found to be present on the handle of the refrigerator located in the employee kitchen area.  b) Cadmium was found to be present on the surface of a break table in the administrative office building.  c) Cadmium was found to be present on the surface of a bench in the "clean side" locker room.  d) Cadmium was found to be present on the surface of a bench in the locker room storage area.  e) Cadmium was found to be present on the surface of a bench in the "dirty side" locker room.

Issued

2020-05-26 00:00:00

Abate by

2020-07-13 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0260049007301591

General-duty citation text

29 CFR 1910.1200(e)(1): The employer had not developed, implemented, or maintained a written hazard communication program that at least described how the criteria specified in paragraphs (f), (g), and (h) of this section would be met, and that included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   On or about December 4th, 2019, at the Chemetco, Inc. worksite located at 3754 Chemetco Lane in Hartford, IL, the employer had not developed or implemented a written hazard communication that included at least the following provisions:  1.  How the criteria for labels and other forms of warning (paragraph f), safety data sheets (paragraph g) and employee information & training (paragraph h) will be met;  2.  A list of the hazardous chemicals known to be present at the workplace, and;  3.  The methods the employer will use to inform employees of the hazards of non-routine tasks.