OSHA Inspection: RWE HOLDING COMPANY

Issued

Apr 20, 2020

Penalty

Initial $5,783 · Current $2,500 Reduced

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.) RWE Holding Company -  On or about December 13, 2019, and times prior thereto: employer did not provide medical evaluations for employees required to wear respirators. Employees were required to wear 3M brand, tight-fitting, air-purifying respirators and/or 3M brand N95 Particulate respirators during graphite crushing and bagging operations.      NO ABATEMENT CERTIFICATION OR DOCUMENATION REQUIRED

Issued

Apr 20, 2020

Penalty

Initial $0 · Current $0

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:   a.) RWE Holding Company - On or about December 13, 2019, and times prior thereto: employees had not been provided fit-testing prior to initial use of a respirator. Employees were required to wear 3M brand, tight-fitting, air-purifying respirators and/or 3M brand N95 Particulate respirators during graphite crushing and bagging operations.   NO ABATEMENT CERTIFICATION OR DOCUMENATION REQUIRED

Issued

Apr 20, 2020

Abate by

Jun 5, 2020

Penalty

Initial $0 · Current $0

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:  a.) RWE Holding Company -  On or about December 13, 2019, and times prior thereto: the seal between the tight-fitting respirator facepiece and an employee's face was compromised by facial hair. The employee was required to wear a 3M brand N 95 Particulate respirator during graphite crushing and bagging operations.  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 20, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:   a.) RWE Holding Company -  On or about December 13, 2019, and times prior thereto: employees had not been provided respiratory protection training prior to initial use of a respirator. Employees were required to wear 3M brand, tight-fitting, air-purifying respirators and/or 3M brand N95 Particulate respirators during graphite crushing and bagging operations.   NO ABATEMENT CERTIFICATION OR DOCUMENATION REQUIRED

Issued

Apr 20, 2020

Abate by

Jun 5, 2020

Penalty

Initial $7,711 · Current $4,200 Reduced

Hazardous substances 13669135

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of  Synthetic Graphite Dust, listed in Table Z-1, in excess of the 8 hour Time Weighted Average concentration of 15 mg/m³.    a.) RWE Holding Company -  On or about February 5, 2020, and times prior thereto:  A laborer, performing bagging operations, was exposed to total dust at an 8 hour Time-Weighted Average level of approximately  17.8 mg/m³, which is approximately 1.18 times the Permissible Exposure Limit of 15 mg/m³ for total dust. The exposure level is derived from a sample collected over 450 minutes; the calculations include a zero value for the 30 minutes not sampled.      Abatement certification is required within 10 days after the abatement date noted on the citation.  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement. IN ADDITION, abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic, or video evidence or abatement or other written records.

Issued

Apr 20, 2020

Abate by

Jun 5, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 13669135

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):   a.) RWE Holding Company -  On or about February 5, 2020, and times prior thereto:  A laborer, performing bagging operations, was exposed to total dust at an 8 hour Time-Weighted Average level of approximately  17.8 mg/m³, which is approximately 1.18 times the Permissible Exposure Limit of 15 mg/m³ for total dust. The exposure level is derived from a sample collected over 450 minutes; the calculations include a zero value for the 30 minutes not sampled. The employer did not determine and implement administrative and engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d).   Abatement certification is required within 10 days after the abatement date noted on the citation.  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement. IN ADDITION, abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic, or video evidence or abatement or other written records.

Issued

Apr 20, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 13669135

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:   a.) RWE Holding Company -  On December 13, 2019 and on dates prior thereto: employer did not determine employee exposure to graphite dust.  On or about February 5, 2020, a laborer, performing bagging operations, was exposed to synthetic graphite dust at an 8 hour Time-Weighted Average level of approximately 17.8 mg/m³, which is approximately 1.18 times the Permissible Exposure Limit of 15 mg/m³ for total dust. The exposure level is derived from a sample collected over 450 minutes; the calculations include a zero value for the 30 minutes not sampled.      NO ABATEMENT CERTIFICATION OR DOCUMENATION REQUIRED

Issued

Apr 20, 2020

Abate by

Jun 5, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 1366

General-duty citation text

29 CFR 1910.141(a)(3)(i): Places of employment were not kept clean to the extent that the nature of the work allowed:  a.) RWE Holding Company - On or about December 13, 2019,  graphite dust was observed covering various surfaces in the employee break room including, but not limited to, table, drinking fountains, interior and exterior surfaces of the microwave and refrigerator.  A cleaning schedule for the break room had not been developed and implemented.       Abatement Certification Required: Abatement Certification required within 10 days after abatement date.  The certification shall include a statement that the abatement is complete. The date and method of abatement, and state that employees and their representatives were informed of the abatement.