OSHA Inspection: SEISENBACHER INC.

Issued

Apr 28, 2020

Abate by

Jul 30, 2020

Penalty

Initial $5,398 · Current $3,210 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) Plant, line 3 - On or about 1/6/20, an employee wears a 3M half face elastomeric respirator with organic vapor cartridges when using SikaFast-3131 S (cartridge) Part A which contains hazardous chemicals such as, but not limited to, methyl methacrylate.    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.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 28, 2020

Abate by

Jul 30, 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) Plant, line 3 - On or about 1/6/20, an employee wears a 3M half face elastomeric respirator with organic vapor cartridges when using SikaFast-3131 S (cartridge) Part A which contains hazardous chemicals such as, but not limited to, methyl methacrylate.  The employer did not provide a medical evaluation to determine the employee's ability to use a respirator.    ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 28, 2020

Abate by

Jul 30, 2020

Penalty

Initial $4,048 · Current $2,470 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)  Plant, line 3 - On or about, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.  Employees use hazardous chemicals such as, but not limited to,SikaFast-3131 S (cartridge) Part A which contains hazardous chemicals such as methyl methacrylate,  Sikaflex-521 UV Normal which contains hazardous chemicals such as C13-C23, n-alkanes, isoalkanes, cyclics, <0.03% aromatic hydrocarbons, and Sikaflex-221 US which contains hazardous chemicals such as 4-4'-Methylenediphenyl diisocyanate.     A written program should include descriptions of how the criteria for:       1.   Labeling and other forms of warning;       2.   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

Apr 28, 2020

Abate by

Jul 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use:  a)  Plant, line 3 - On or about 1/6/20, employees use hazardous chemicals such as, but not limited to,SikaFast-3131 S (cartridge) Part A which contains hazardous chemicals such as methyl methacrylate.  The employer did not have a safety data sheet SikaFast-3131 S (cartridge) Part A.   NO ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 28, 2020

Abate by

Jul 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3)(iv): Employee training did not include the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information:  a)  Plant, line 3 - On or about 1/6/20, employees use hazardous chemicals such as, but not limited to,SikaFast-3131 S (cartridge) Part A which contains hazardous chemicals such as methyl methacrylate,  Sikaflex-521 UV Normal which contains hazardous chemicals such as C13-C23, n-alkanes, isoalkanes, cyclics, <0.03% aromatic hydrocarbons, and Sikaflex-221 US which contains hazardous chemicals such as 4-4'-Methylenediphenyl diisocyanate.     Employee training did not include the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information  ABATEMENT CERTIFICATION REQUIRED

Issued

Apr 28, 2020

Abate by

Jul 30, 2020

Penalty

Initial $8,096 · Current $5,020 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided information and training as specified in 29 CFR 1910.1200(h)(2) and (3) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area:  a) Plant, line 3 - On or about 1/6/20, where hazardous chemicals such as, but not limited to,  SikaFast-3131 S (cartridge) Part A which contains hazardous chemicals such as methyl methacrylate, Sikaflex-521 UV Normal which contains hazardous chemicals such as C13-C23, n-alkanes, isoalkanes, cyclics, <0.03% aromatic hydrocarbons, and Sikaflex-221 US which contains hazardous chemicals such as 4-4-Methylenediphenyl diisocyante are used, employees must 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 Safety Data Sheets.       Employee training must 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, Safety Data Sheets and how employees can obtain and use the appropriate hazard information.   ABATEMENT DOCUMENTATION REQUIRED   Seisenbacher Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard(29 CFR 1910.1200(h)(1), which was contained in OSHA inspection number 1236900, citation number 2, item number 2 and was affirmed as a final order on 6/28/17 with respect to a workplace located at 175 Humboldt Street Suite 250 Rochester, NY 14610.

Issued

Apr 28, 2020

Abate by

Jul 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:    (a) Plant, line 3 - On or about 1/6/20, an employee wears a 3M half face elastomeric respirator with organic vapor cartridges when using SikaFast-3131 S (cartridge) Part A which contains hazardous chemicals such as, but not limited to, methyl methacrylate.  This employee was not provided with the information contained in Appendix D to 29 CFR 1910.134.    ABATEMENT CERTIFICATION REQUIRED