OSHA Inspection: MILLENNIUM ROADS, LLC

Issued

Dec 6, 2021

Abate by

Dec 29, 2021

Penalty

Initial $13,653 · Current $13,000 Reduced

General-duty citation text

29 CFR  1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:   a)  On or about 06/08/2021, at Millennium Roads, LLC, located at 12118 East Yates Center Road in Lyndonville, NY, the employer required employees to enter and clean permit required confined spaces, including semi-tanker trailers used to transport and deliver Lignin (Ammonium Lignosulfate), a plant-based organic material subject to bacterial decomposition capable of producing toxic gases such as, but not limited to Hydrogen Sulfide (H2S).  The employer had not conducted an evaluation of the de-icing agents manufacturing operation to determine if permit-required confined spaces existed.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Dec 6, 2021

Abate by

Dec 21, 2021

Penalty

Initial $13,653 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:   a)  On or about 06/08/2021, at Millennium Roads, located on 12118 East Yates Center Road, in Lyndonville, New York,  the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by permit-required confined spaces such as, but not limited to, semi tankers used to store and transport Lignin and other de-icing materials and silos used for the storage of de-icing product ingredients.   ABATEMENT DOCUMENTATION REQUIRED

Issued

Dec 6, 2021

Abate by

Dec 29, 2021

Penalty

Initial $13,653 · Current $12,000 Reduced

General-duty citation text

29 CFR  1910.146(c)(4):When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:  a)  On or about 06/08/2021, at Millennium Roads, located on 12118 East Yates Center Road, in Lyndonville, New York, the employer did not have a written permit-required confirmed space entry program that provided specific information to ensure compliance with all of the applicable elements under 1910.146(d) such as, but not limited to:  a. Procedures to prevent unauthorized entry. b. Procedures to identify and evaluate the hazards of permit spaces. c. Procedures necessary for safe permit space entry operations (acceptable conditions for entry, providing entrants  with the opportunity to  test permit spaces, ventilating the permit space as necessary to eliminate or control atmospheric hazards and verifying that conditions are acceptable for entry throughout the duration of entry). d. Procedures for providing testing and monitoring equipment, ventilating equipment, and rescue and emergency equipment. e. Procedures for evaluating permit space conditions when entry operations are conducted (testing and monitoring). f. Procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue.  The employer assigned employees to enter inside semi-tankers (permit-required confined spaces) to clean and  remove Lignin buildup and residue.  Lignin (Ammonium Lignosulfate), is a plant-based organic material subject to bacterial decomposition capable of producing toxic gases such as, but not limited to Hydrogen Sulfide (H2S).   ABATEMENT DOCUMENTATION REQUIRED

Issued

Dec 6, 2021

Abate by

Dec 29, 2021

Penalty

Initial $13,653 · Current $12,000 Reduced

General-duty citation text

29 CFR  1910.146(g)(1):The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:   a) On or about 06/08/2021, at Millennium Roads, located on 12118 East Yates Center Road, in Lyndonville, New York,  the employer did not implement a Permit Required Confined Space (PRCS) training program or provide PRCS training to employees entering semi-tankers to perform cleaning tasks. Employees were exposed to toxic gases such as, but not limited to: Hydrogen Sulfide (H2S) when working inside a semi-tanker containing Lignin residue. Lignin (Ammonium Lignosulfate), is a plant-based organic material subject to bacterial decomposition capable of producing toxic gases such as, but not limited to Hydrogen Sulfide (H2S).    ABATEMENT DOCUMENTATION REQUIRED

Issued

Dec 6, 2021

Abate by

Dec 29, 2021

Penalty

Initial $4,096 · Current $4,000 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)  On or about 06/08/2021, at Millennium Roads, located on 12118 East Yates Center Road, in Lyndonville, New York,  the employer did not develop and implement a written hazard communication program for employees who work with materials such as, but not limited to lubricants (containing petroleum oils), WD 40 (containing LVP aliphatic hydrocarbon and carbon dioxide), Mineral Well Brine (containing Calcium chloride), and Lignin (Ammonium Lignosulfonate).  ABATEMENT CERTIFICATION REQUIRED

Issued

Dec 6, 2021

Abate by

Jan 6, 2022

Penalty

Initial $4,096 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(h)(1):Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) On or about 06/08/2021, at Millennium Roads, located on 12118 East Yates Center Road, in Lyndonville, New York, employee(s) were not informed through effective training methods of the hazards associated with cleaning semi-tankers containing Lignin (Ammonium Ligno-Sulfonate), a plant-based organic material subject to bacterial decomposition capable of producing toxic gases such as, but not limited to Hydrogen Sulfide (H2S).  Employees were exposed to toxic gases such as, but not limited to: Hydrogen Sulfide (H2S) when entered into a semi-tanker to clean it.   ABATEMENT DOCUMENTATION REQUIRED

Issued

Dec 6, 2021

Abate by

Dec 21, 2021

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) On or about 06/08/2021, at Millennium Roads, located on 12118 East Yates Center Road, in Lyndonville, New York, the employer did not ensure that employees voluntarily wearing respirators in the work place were provided with the information contained in Appendix D of 29 CFR 1910.134(c)(2)(i).  The employer provided respirators which were made available for employee voluntary use during various painting projects.  ABATEMENT DOCUMENTATION REQUIRED