OSHA Inspection: W.Y. INDUSTRIES INC.

Issued

Jan 20, 2022

Abate by

Apr 4, 2022

Penalty

Initial $10,151 · Current $7,000 Reduced

Hazardous substances 81108111

General-duty citation text

29 CFR  1910.95(c)(1):  The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:  a) WY Industries Inc. 2500 Secaucus Rd, North Bergen, NJ  Employees performing packaging, cooking, and injection molding activities were exposed to continuous noise levels that were equivalent to 155.6%, 128.4%, 124.6%, 107.7%, 99.63%, 91.91%, 90.90%, 69.64%, and 45.68% of the allowable dose of 100%, or 90dBA for a 12 hour Time Weighted Average. These exposures, which are equivalent to a 12 hour Time Weighted Average of 93.2dBA, 91.8dBA, 91.6dBA, 90.5dBA, 89.9dBA, 89.3dBA, 89.3dBA, 87.4dBA, and 84.3dBA respectively, exceeded the Action Level of 82.1dBA. The sample times were 582 minutes, 586 minutes, 615 minutes, 603 minutes, 640 minutes, 617 minutes, 592 minutes, 608 minutes, and 598 minutes respectively. Zero exposure was assumed for the unsampled time periods of 138 minutes, 134 minutes, 105 minutes, 117 minutes, 80 minutes, 103 minutes, 128 minutes, 112 minutes, and 122 minutes respectively.  Violation occurred on or about 11/09/2021.

Issued

Jan 20, 2022

Abate by

Apr 4, 2022

Penalty

Initial $10,151 · Current $7,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(g)(5)(ii): Where mobile test vans were used to meet the audiometric testing obligation, the employer did not obtain a valid baseline audiogram within 1 year of an employee's first exposure at or above the action level and where baseline audiograms were obtained more than 6 months after the employee's first exposure at or above the action level, employees did not wear hearing protectors for any period exceeding six months after first exposure until the baseline audiogram was obtained:   a) WY Industries Inc. 2500 Secaucus Rd, North Bergen, NJ  The employer did not obtain a valid baseline audiogram within a year of employees' first exposure at or above the action level of 82.1 dBA as an 12 hour time-weighted average. Employees did not wear hearing protectors for any period exceeding six months after first exposure until the baseline audiogram was obtained.  An employee whose first exposure to noise above the action level was approximately 8 years prior to 11/09/21 and working in the paper carton packaging room was exposed to continuous noise up to 90.90% of the action level (AL) twelve hour time-weighted average sound level of 82.1 dBA.  The equivalent sound level of the measured dose is 89.3 dBA.  Sampling was performed for 592 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.  An employee whose first exposure to noise above the action level was approximately 7 years prior to 11/09/21 and working in the injection molding room was exposed to continuous noise up to 99.63% of the action level (AL) twelve hour time-weighted average sound level of 82.1 dBA.  The equivalent sound level of the measured dose is 89.9 dBA.  Sampling was performed for 640 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.  An employee whose first exposure to noise above the action level was approximately 5 years prior to 11/09/21 and working in the injection molding room was exposed to continuous noise up to 91.91% of the action level (AL) twelve hour time-weighted average sound level of 82.1 dBA.  The equivalent sound level of the measured dose is 89.3 dBA.  Sampling was performed for 617 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.  An employee whose first exposure to noise above the action level was approximately 1 year prior to 11/09/21 and working in the paper carton packaging room was exposed to continuous noise up to 124.6% of the action level (AL) twelve hour time-weighted average sound level of 82.1 dBA.  The equivalent sound level of the measured dose is 91.6 dBA.  Sampling was performed for 617 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.  An employee whose first exposure to noise above the action level was approximately 7 months prior to 11/09/21 and working in the kitchen was exposed to continuous noise up to 155.6% of the action level (AL) twelve hour time-weighted average sound level on 82.1 dBA.  The equivalent sound level of the measured dose is 93.2 dBA.  Sampling was performed for 582 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.  Violation occurred on 11/09/21.

Issued

Jan 20, 2022

Abate by

Apr 4, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 8111

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 :   WY Industries Inc. 2500 Secaucus Rd, North Bergen, NJ   The employer did not obtain annual audiograms for all employees at or above the action level of 82.1 dbA as a 12 hour time-weighted average.   a) An employee (not provided 2019 and 2020 audiometric exam) working in the packaging room was exposed to continuous noise up to 107.7% of the action level (AL) twelve hour time-weighted average sound level of 82.1 dbA. The equivalent sound level of the measured dose is 90.5 dBA.  Sampling was performed for 603 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.    b) An employee (not provided 2019 and 2020 audiometric exam) working in the kitchen was exposed to continuous noise up to 128.4% of the action level (AL) twelve hour time-weighted average sound level of 82.1 dbA. The equivalent sound level of the measured dose is 91.8 dBA.  Sampling was performed for 586 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.   c) An employee (not provided 2019 and 2020 audiometric exam) working in the packaging room was exposed to continuous noise up to 45.68% of the action level (AL) twelve hour time-weighted average sound level of 82.1 dbA. The equivalent sound level of the measured dose is 84.3 dBA.  Sampling was performed for 598 minutes on 11/09/21, with the unsampled portion of time considered to represent zero for the exposure calculation.  Violation occurred on or about 11/09/21.

Issued

Jan 20, 2022

Abate by

Apr 4, 2022

Penalty

Initial $10,151 · Current $7,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(k)(1):The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  a) WY Industries Inc. 2500 Secaucus Rd, North Bergen, NJ  The employer did not train employees exposed to noise at or above the action level of 82.1 dBA as a 12 hour time-weighted average. The employer did not institute a training program and ensure employee participation in the program.  Employees performing packaging, cooking, and injection molding activities were exposed to continuous noise levels that were equivalent to 155.6%, 128.4%, 124.6%, 107.7%, 99.63%, 91.91%, 90.90%, 69.64%, and 45.68% of the allowable dose of 100%, or 90dBA for a 12 hour Time Weighted Average. These exposures, which are equivalent to a 12 hour Time Weighted Average of 93.2dBA, 91.8dBA, 91.6dBA, 90.5dBA, 89.9dBA, 89.3dBA, 89.3dBA, 87.4dBA, and 84.3dBA respectively, exceeded the Action Level of 82.1dBA. The sample times were 582 minutes, 586 minutes, 615 minutes, 603 minutes, 640 minutes, 617 minutes, 592 minutes, 608 minutes, and 598 minutes respectively. Zero exposure was assumed for the unsampled time periods of 138 minutes, 134 minutes, 105 minutes, 117 minutes, 80 minutes, 103 minutes, 128 minutes, 112 minutes, and 122 minutes respectively.  Violation occurred on or about 11/09/2021.

Issued

Jan 20, 2022

Abate by

Mar 10, 2022

Penalty

Initial $7,252 · Current $2,000 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) W.Y. Industries Inc. 2500 Secaucus Rd., North Bergen, NJ      The employer did not develop and implement a written hazard communication program for employees exposed to hazardous materials such as, but not limited to cornstarch which is a combustible dust.  Violation occurred on or about 11/09/2021.

Issued

Jan 20, 2022

Abate by

Mar 10, 2022

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) W.Y. Industries Inc. 2500 Secaucus Rd., North Bergen, NJ  The employer did not have a safety data sheet for each hazardous material they use such as, but not limited to, cornstarch which is combustible.  Violation observed on or about 11/09/2021.

Issued

Jan 20, 2022

Abate by

Mar 10, 2022

Penalty

Initial $0 · Current $0

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) W.Y. Industries Inc. 2500 Secaucus Rd., North Bergen, NJ  The employer did not provide information and training for employees exposed to hazardous materials such as, but not limited to, cornstarch, a combustible dust, used to make sauces.    Violation occurred on or about 11/09/2021.