OSHA Inspection: ELLIOTT PARTS & SERVICES, INC.

Issued

Jan 3, 2022

Abate by

Jan 28, 2022

Penalty

Initial $3,121 · Current $1,873 Reduced

Hazardous substances 0170D150

General-duty citation text

29 CFR  1910.120(q)(11):  If it is determined that it is necessary to remove hazardous substances and materials contaminated with them (such as contaminated soil or other elements of the natural environment) from the site of the incident, the employer conducting the clean-up shall comply with paragraphs (b) through (o) and shall complete appropriate safety and health training made necessary by the tasks they are expected to perform such as personal protection equipment and decontamination procedures:  (a)Elliott Parts & Services, Inc.  at 5301 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to August 27, 2021, the employer did not ensure employees  expected to participate in removing hazardous substances and materials including contaminated soil had completed appropriate safety and health training. . Employees were engaged in the removal of soil contaminated with diesel and ammonia without meeting the requirements of the standard to include training on the tasks expected  to be performed involving the use of personal protection equipment and decontamination procedures. Chemicals included but are not limited to diesel, oil and ammonia. The employer did not ensure that employees received hazardous materials training. This condition exposed employees to a chemical hazard.

Issued

Jan 3, 2022

Abate by

Jan 28, 2022

Penalty

Initial $3,121 · Current $1,873 Reduced

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 respirator(s) were necessary to protect the health of the employee or whenever respirator(s) were required by the employer:  (a)Elliott Parts & Services, Inc.  at 5301 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to August 27, 2021, the employer did not 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 a 3M N-95 (TC-84A-1299) particulate respirator during the excavation and removal of soil contaminated with hydrocarbons and ammonia. The employer had not developed a written respiratory program that included medical evaluations and fit-testing for employees using respiratory protection. This condition exposed employees to particulate and chemical hazards.     Abatement Note:  The requirements applicable to construction work under 29 CFR 1926.103 are identical to those set forth at 29 CFR 1910.134 of this chapter.  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.

Issued

Jan 3, 2022

Abate by

Jan 28, 2022

Penalty

Initial $0 · Current $0

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; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH:   (a)Elliott Parts & Services, Inc.  at 5301 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to August 27, 2021, the employer did not identify and evaluate the respiratory hazards in the workplace. Employees performed excavation and removal of soil saturated with hydrocarbons and ammonia.  The employer did not evaluate the respiratory hazards.  This condition exposed two employees to a respiratory hazards.

Issued

Jan 3, 2022

Abate by

Jan 28, 2022

Penalty

Initial $3,121 · Current $1,873 Reduced

Hazardous substances 0040

General-duty citation text

29 CFR  1910.1200(h)(1): Employers did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.   (a)Elliott Parts & Services, Inc.  at 5301 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to August 27, 2021, the employer did not  provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area such as but not limited to acetone.  Abatement Note:  (a)	Employees shall be informed of:  (1)	Any operation in their work area where hazardous chemicals are present; and,  (2)	The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.  (b)	Employee training shall 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 (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);  (2)	The physical and health hazards of the chemicals in the work area;  (3)	The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;  (4)	The details of the hazardous 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.