OSHA Inspection: RUBBERCYCLE, LLC

Issued

Nov 19, 2021

Abate by

Mar 4, 2022

Penalty

Initial $9,557 · Current $5,700 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR  1910.95(g)(5)(i): The employer did not establish, within 6 months of an employee's first exposure at or above the action level, a valid baseline audiogram against which subsequent audiograms could be compared:   An audiometric testing program was not established for employees with the following exposures:  a) Tire Shredder Area:  An employee operating  a forklift near automated tire shredding activities was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit).  The employee's dosimeters dBA level was 250.7% of the permissible level (90dBA) and was equivalent to approximately 96.6 dBA. The sampling was performed for 411 minutes during one shift on 11/03/2021. Zero exposure was assumed for all unsampled time periods.   b) Tire Shredder Area:   An employee operating  a forklift near automated tire shredding activities was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit).  The employee's dosimeters dBA level was 209.7% of the permissible level (90dBA) and was equivalent to approximately 95.4 dBA. The sampling was performed for 408 minutes during one shift on 11/03/2021. Zero exposure was assumed for all unsampled time periods.   c) Tire Shredder Area:   An employee operating  a forklift near automated tire shredding activities was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit).  The employee's dosimeters dBA level was 162.7% of the permissible level (90dBA) and was equivalent to approximately 93.5 dBA. The sampling was performed for 324 minutes during one shift on 11/03/2021. Zero exposure was assumed for all unsampled time periods.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Nov 19, 2021

Abate by

Mar 4, 2022

Penalty

Initial $9,557 · Current $5,700 Reduced

Hazardous substances 8110

General-duty citation text

29 CFR  1910.95(g)(6): At least annually after obtaining the baseline audiogram, the employer did not obtain a new audiogram for each employee exposed at or above an 8-hour time-weighted average of 85 decibels :   The employer did not obtain an annual audiogram for an employee with the following exposures:  a) Tire Shredder Area:   An employee operating  a forklift  near automated tire shredding activities was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit).  The employee's dosimeters dBA level was 156.7% of the permissible level (90dBA) and was equivalent to approximately 93.2 dBA. The sampling was performed for 414 minutes during one shift on 11/03/2021. Zero exposure was assumed for all unsampled time periods.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Nov 19, 2021

Abate by

Mar 4, 2022

Penalty

Initial $9,557 · Current $5,700 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(k)(1) : A training program was not instituted for all employees who were exposed to noise at or above an 8 hour time weighted average (TWA) of 90 dBA:   A training program was not established for  employees with the following exposures:  a) Tire Shredder Area:   An employee operating  a forklift near  automated tire shredding activities was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit).  The employee's dosimeters dBA level was 250.7% of the permissible level (90dBA) and was equivalent to approximately 96.6 dBA. The sampling was performed for 411 minutes during one shift on 11/03/2021. Zero exposure was assumed for all unsampled time periods.   b) Tire Shredder Area:   An employee operating  a forklift  near automated tire shredding activities was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit).  The employee's dosimeters dBA level was 209.7% of the permissible level (90dBA) and was equivalent to approximately 95.4 dBA. The sampling was performed for 408 minutes during one shift on 11/03/2021. Zero exposure was assumed for all unsampled time periods.   c) Tire Shredder Area:  An employee operating  a forklift  near  automated tire shredding was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit).  The employee's dosimeters dBA level was 162.7% of the permissible level (90dBA) and was equivalent to approximately 93.5 dBA. The sampling was performed for 324 minutes during one shift on 11/03/2021. Zero exposure was assumed for all unsampled time periods.   NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Nov 19, 2021

Abate by

Jan 31, 2022

Penalty

Initial $5,461 · Current $3,300 Reduced

General-duty citation text

29 CFR  1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):   a) At the facility, Rubberecycle LLC located in Lakewood, NJ: The Employer did not ensure that powered industrial truck operators who drove a Hyster Model: S40F H187V15008U forklift were provided with formal instruction prior to forklift operation on or about on 5/27/2021.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Nov 19, 2021

Abate by

Jan 31, 2022

Penalty

Initial $5,461 · Current $3,300 Reduced

General-duty citation text

29 CFR 1910.178(l)(4)(iii):  The employer did not ensure that an evaluation of each powered industrial truck operator's performance was conducted at least once every three years:   a)  At the facility, Rubberecycle LLC located in Lakewood, NJ:  Employees operating a Hyster Model: S40F H187V15008U  forklift have not received an evaluation every three years.    Observed on/or about 5/27/2021.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Nov 19, 2021

Abate by

Jan 31, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(6): The employer did not certify that each operator has been trained and evaluated as required by this paragraph (l):   a) At the facility, Rubberecycle LLC located in Lakewood, NJ: The Employer failed to certify in writing that each powered industrial truck operator was evaluated every three years prior to use of the vehicle on or about  5/27/2021.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.