OSHA Inspection: FREEDOM EQUIPMENT, LLC

Issued

Mar 10, 2020

Abate by

Mar 27, 2020

Penalty

Initial $3,278 · Current $3,278

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to crushing hazards, struck-by hazards and ejection hazards during the operation of powered industrial trucks:     (a) On or about February 18, 2020, and at times prior,  the employer did not ensure that employees operating forklifts such as but not limited to the Towmotor Forklift model no. 670SG12024, serial no. 670S670041 were protected from crushing, struck-by and ejection hazards by ensuring the use of a restraint system (seatbelts).      Abatement note: Abatement certification is required for this item (See Certification of Corrective Action Worksheet).

Issued

Mar 10, 2020

Abate by

Mar 27, 2020

Penalty

Initial $1,966 · Current $1,966

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section, was not established and implemented where respirators were necessary to protect the health of the employee or whenever respirators were required by the employer:    (a) On or about February 18, 2020, and at times prior, the employer did not have a written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section. The program was not established and implemented whenever respirators were required by the employer, in that the employer required the use of tight-fitting facepiece respirators for tasks such as but not limited to blasting operations. This hazard exposed the employee to the lack of knowledge of proper respirator use.    Abatement Note:  The employer shall include in the program the following provisions of this section, as applicable:    1.  Procedures for selecting respirators for use in the workplace;  2.  Medical evaluations of employees required to use respirators;  3.  Fit testing procedures for tight-fitting respirators;  4.  Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;  5.  Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;  6.  Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;  7.  Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;   8.  Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and  9.  Procedures for regularly evaluating the effectiveness of the program.    Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet")

Issued

Mar 10, 2020

Abate by

Jun 1, 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 February 18, 2020, and at times prior, the employer did not ensure that employees utilizing tight-fitting respirators were medically evaluated prior to usage. The employer did not provide each employee who wore a Gerson Half-Face tight-fitting respirators with a medical evaluation before respirator use or fit testing. This condition exposed employees to potential medical complications during respirator use.    Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet")

Issued

Mar 10, 2020

Abate by

Jun 1, 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 February 18, 2020, and at times prior, the employer did not provide information found in Appendix D to employees who voluntarily wore respirators such as, but not limited to, N95 particulate filtering facepiece respirators.    Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet")

Issued

Mar 10, 2020

Abate by

Mar 27, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(6): The certification did not include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation:  (a) On or about February 18, 2020, and at times prior,  the employer did not ensure that employees operating forklifts such as but not limited to a Towmotor Forklift model no. 670SG12024, serial no. 670S670041 were certified and evaluated prior to operating the forklifts.   Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

Mar 10, 2020

Abate by

Dec 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1026(d)(1): The employer with a workplace or work operation covered by this standard did not determine the 8-hour time-weighted average exposure for each employee exposed to chromium (VI):    (a) On or about February 18, 2020, and at times prior, the employer did not assess the exposure of employees who may have been exposed to hexavalent chromium at or above the action level while conducting stainless steel welding operations. This condition exposed employees to the physical hazards of hexavalent chromium that may result in an increased risk of developing occupational asthma, kidney damage, liver damage, pulmonary congestion and edema, and respiratory cancer.    Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet")

Issued

Mar 10, 2020

Abate by

Mar 27, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   (a) On or about February 18, 2020, and at times prior, the employer did not develop and implement a written hazard communication program which at least described how the criteria specified for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also included a hazardous chemicals list and methods used to inform employees of the hazards of non-routine tasks, had not been developed for employee exposures such as, but not limited to, the following chemicals: Black Diamond Coal Slag.  This exposed employees to the physical and chemical hazards of chemicals including iron oxide among others which may result in an increased risk of damage to the lungs through prolonged or repeated exposure.  Abatement Note:  The Written program should include descriptions of the criteria for: 1.  Labeling and other forms of warning, 2.  Safety Data Sheets, and 3.  Employee information and training.    Additionally, a list of hazardous chemicals known to be present in the workplace must be complied.  Methods used to inform employees of the hazards associated with non-routine tasks and the to inform contractors of workplace hazards must be addressed.  The written program must be made available upon request.      Abatement Note: Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet")