OSHA Inspection: PHOENIX ENVIRONMENTAL LABORATORIES, INC.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $13052.00 · Current $9000.00 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to fire and explosion hazards when transferring Class 1A and Class 1B flammable liquids near electrical and/or potential static ignition sources in the following instances and areas:   a) New Prep - Hazardous Waste Storage rooms: On or about February 28, 2022, the employer did not prevent the generation of static electricity discharge when inappropriate containers were used for Class IA flammable liquids including, but not limited to, ethyl ether, that were dispensed from 20-liter plastic satellite containers into 55-gallon metal drums in the inside liquid storage area; moreover, the system that the 55-gal drums were placed on was not grounded to an earth source. Metal drums that did not have grounding cables attached to an earth source were stored on a metal plate with a plastic structure preventing a continuation of metal to ground. Consequently, employees were exposed to fire and explosion hazards from the potential ignition of flammable vapors that are caused by static and electrical spark during the waste disposal process.  b) Old Prep Area: On or about February 28, 2022, and at times thereafter, employees transferred Class IA and Class IB flammable liquids including, but not limited to, ethyl ether, hexane, and acetone, throughout the work shift, into 20-liter satellite containers that were located under the sink and in an "ether waste" cupboard, without adequate ventilation to remove vapors in close proximity to an ignition source.    c) New Prep Area: On or about March 04, 2022, and at times thereafter, employees transferred Class IA and Class IB flammable liquids including, but not limited to, ethyl ether, hexane, and acetone, throughout the work shift, into 20-liter satellite containers that were located under the table, without the required mechanical ventilation, in close proximity to ignition sources.   d) Wet Lab:  On or about April 19, 2022, and at times thereafter, employees transferred Class IB flammable liquids including, but not limited to, acetone, near ignition sources without adequate ventilation to prevent the accumulations of flammable vapors. Flammable liquids were transferred into four-liter containers in chemical fume hood #8, which did not have adequate ventilation and was located approximately two feet from hood #21V, which had wires that had short circuited causing it to spark.  In addition, employees also dispensed acetone in the unventilated sink located approximately five feet from hood #21V.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $13052.00 · Current $9000.00 Reduced

General-duty citation text

29 CFR  1910.106(d)(2)(iii): Flammable liquid containers were not in accordance with table H-12:  Prep Lab:  On or about February 28, 2022, containers of Category 1 flammable liquids including, but not limited to, ethyl ether that have flashpoints below 73.4 �F (23 �C) and boiling points at or below 95 �F (35 �C), were regularly transferred into five-gallon nonconductive plastic satellite containers. Category 1 flammable liquids were not stored in accordance with the maximum allowable container type and size of one pint for glass or approved plastic containers per Table H-12 of the standard; thereby, the escape of flammable vapors exposed employees to an increased risk of injury from burns in the event of a fire.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $13052.00 · Current $9000.00 Reduced

Hazardous substances 18602310

General-duty citation text

29 CFR  1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  Prep Lab - Tumbler Room:  On or about March 22, 2022, when employees were exposed to injurious corrosive chemical vapors and splashed liquids, which included, but were not limited to nitric acid and hydrochloric acid, a suitable facility for quick drenching or flushing of the eyes and body was not available in the work area for immediate emergency use.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $13052.00 · Current $9000.00 Reduced

General-duty citation text

29 CFR 1910.303(b)(1): Electrical equipment was not free from recognized hazards that were likely to cause death or serious physical harm to employees, in that the employer did not ensure the safety of the equipment pursuant to the considerations in sections (i) through (viii) of 29 CR 1910.303(b)(1):   a) Wet Lab: On or about April 21, 2022, employees were observed performing analytical procedures that included, but were not limited to, an Ammonia/TKN Phenate Method on a distillation block that short circuited in chemical fume hood 21V.  Defective cords connected to the rotating distillation block resulted in a short-circuit that caused sparks exposing employees, who were within close proximity, to risk of physical harm such as burns.   b) Prep Lab - New Prep Area: On or about March 04, 2022, employees performed analytical procedures in fume hoods near a dishwasher where glassware that used various chemicals such as methylene chloride, ethyl ether, and acetone were cleaned. The dishwasher was placed directly next to a sink where MC was primarily used to manually clean the glassware, which frequently splashed the chemical by and on the machine. The dishwasher's electrical wiring short-circuited resulting in a fire that had to be extinguished, exposing employees to the risk of physical harm such as burns.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $11188.00 · Current $8000.00 Reduced

General-duty citation text

29 CFR 1910.303(g)(1)(i): Workspace was less than 30 inches wide in front of electric equipment operating at 600 volts, nominal, or less:  Maintenance Room - First Floor:  On or about April 21, 2022, and at times thereafter, workspace was less than 30 inches wide when maintenance had to access the control panel and disconnect switch for the main exhaust, which were located on the second floor in the mechanical room. The equipment was obstructed by stacks of items that were adjacent to the panel and switch, which were approximately five inches in distance from the access points.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $7458.00 · Current $5000.00 Reduced

General-duty citation text

29 CFR 1910.305(b)(1)(i): Conductors entering cutout boxes, cabinets, or fittings were not protected from abrasion, and openings through which conductors enter were not effectively closed.   Maintenance Room - First Floor:  On or about April 21, 2022, conductors entering control circuit panel cabinets mounted on the wall, and blocked by a workstation and cabinet, were not protected from damage while hanging out of the open face of the cabinet doors that were not effectively closed; moreover, non-metallic sheathed cables passed through holes in metal cabinets that were not provided with listed grommets or listed bushings to cover metal edges that would protect the passing cables from abrasion. The cabinets contained power, control, and communication wiring that controlled equipment throughout the facility.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.305(b)(1)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:  Maintenance Room - First Floor:  On or about April 21, 2022, an unused opening in the top of the panel was not plugged, exposing technicians to potential electrical shock hazards directly below the opening inside the panel.

Issued

2022-08-26 00:00:00

Penalty

Initial $13052.00 · Current $9000.00 Reduced

General-duty citation text

29 CFR 1910.332(b)(2): Additional requirements for unqualified persons. Employees covered by paragraph (a) of this section, but who are not qualified persons, were not trained in and familiar with any electrically related safety practices that were not specifically addressed by 1910.331 through 1910.335 but were necessary for their safety:     Wet Chemistry Lab:  On or about April 21, 2022, an employee not qualified and not trained in and familiar with any electrically related safety practices, was exposed to potential shock or electrocution hazards when assigned to reenergize equipment with exposed electrical conductors that had detached and were arcing.

Issued

2022-08-26 00:00:00

Abate by

2022-10-14 00:00:00

Penalty

Initial $13052.00 · Current $0.00 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(d)(5)(i): The employer did not notify each affected employee of monitoring results in writing within 15 working days after receipt of monitoring results performed under 29 CFR 1910.1052, either individually or by posting the results in an appropriate location that is accessible to affected employees:  Prep Lab:  On or about June 06, 2022, employees whose exposures were representative of those employees who were overexposed during OSHA's exposure monitoring assessment on April 14, 2022, did not receive written notification from the employer about the results of methylene chloride monitoring. The results were not provided individually nor posted within the required timeframe. The employer was informed by OSHA on May 12, 2022, of the results that revealed employees were overexposed to dichloromethane (DCM or methylene chloride) in excess of OSHA's 25 ppm permissible exposure limit (PEL) over an 8-hr TWA.

Issued

2022-08-26 00:00:00

Abate by

2023-03-31 00:00:00

Penalty

Initial $13052.00 · Current $9000.00 Reduced

Hazardous substances 0040121013801730

General-duty citation text

29 CFR  1910.1450(e)(3)(ii): The Chemical Hygiene Plan did not include the criteria that the employer would use to determine and implement control measures to reduce employee exposure to hazardous chemicals including engineering controls, the use of personal protective equipment and hygiene practices:   Facility-wide:  On or about February 28, 2022, the employer's Chemical Hygiene Plan did not include standard operating procedures (SOPs) for chemicals used in the lab that described the conditions of their use in designated work areas with respect to specific control measures that were necessary to reduce employee exposure to the highly toxic chemicals used. Controls that were required included engineering controls, the appropriate personal protective equipment, and hygiene practices. Employees were regularly exposed to many of these highly toxic chemicals in the laboratory while handling methylene chloride, diethyl ether, acetone, chloroform, cyanide, ammonia, and hexane on a daily basis.

Issued

2022-08-26 00:00:00

Abate by

2023-03-31 00:00:00

Penalty

Initial $13052.00 · Current $9000.00 Reduced

Hazardous substances 00401210138017301860

General-duty citation text

29 CFR  1910.1450(f)(1): The employer did not provide laboratory employees with information and training to ensure that they were apprised of the hazards of chemicals present in their work area:  Company-wide:  On or about February 28, 2022, employees were not provided with the information and training on the hazards associated with the chemicals they used, which included, but were not limited to, methylene chloride and hexane. The chemicals were frequently used to analyze water and soil samples during non-production laboratory procedures including, but not limited to, herbicide extractions, separatory extractions, and accelerated solvent extractions (ASE). The employer did not ensure that employees who frequently used these highly toxic solvents were aware of the proper controls necessary, and that the acute and chronic toxic effects characterized by headaches, dizziness, and confusion--among other symptoms they often experienced while performing these job tasks--were associated with these chemical exposures. Locations in the lab where employees were not provided with training included:  a) Prep Lab b) Wet Lab

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $130524.00 · Current $100000.00 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(c)(1):The employer did not ensure that no employee(s) was exposed to an airborne concentration of methylene chloride in excess of twenty-five parts per million as an 8-hour TWA:  Prep Lab:  a) On or about April 14, 2022, and at times thereafter, employees who performed analytical procedures, including accelerated solvent extractions (ASE), were overexposed to dichloromethane (DCM or methylene chloride) at seventy-nine parts of DCM per million parts of air (79.3 ppm) as an eight-hour time-weighted average (8-hr TWA). These exposures were approximately 3.2 times the permissible exposure limit (PEL) of 25 ppm and were determined during a sample period of 435 minutes, using zero exposure for the unsampled portion of the 8-hour shift.   b) On or about April 14, 2022, and at times thereafter, employees who performed analytical procedures, including herbicide ultrasonic extractions were overexposed to DCM at thirty-nine parts of DCM per million parts of air (39.4 ppm) as an 8-hr TWA. These exposures were approximately 1.6 times the PEL of 25 ppm and were determined during a sampling period of 450 minutes, using zero exposure for the unsampled portion of the 8-hour shift.

Issued

2022-08-26 00:00:00

Abate by

2023-03-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(f)(1): The employer did not institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the permissible exposure limits:  Prep Lab:  a) On or about February 28, 2022, the employer did not maintain the effectiveness of multiple chemical fume hoods and failed to institute engineering controls where samples were processed in Buchi Concentrator machines resulting in dichloromethane (DCM) overexposures at 79.3 ppm and 39.4 ppm over an 8-hour time weighted average (TWA). Chemical fume hoods in the Tumbler Room, New Prep Area, and Old Prep Area were not maintained and environmental samples that were distilled with DCM in Buchi machines were not stored in fume hoods.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $130524.00 · Current $0.00 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(d)(2): The employer did not perform initial monitoring to determine each employee's exposure to methylene chloride:  Prep Lab:   On or about February 28, 2022, the employer did not make an initial determination of employee exposure to dichloromethane (DCM or methylene chloride) that was released, stored, handled, and used in the areas of the Prep Lab where employees performed analytical procedures that exposed them to the chemical. Employees performed extractions in the New Prep Area, Old Prep Area, Tumbler Room, and Soxhlet Area, and at times, would perform a method in more than one of the four sections in the Prep Lab depending on available space.  During OSHA's monitoring assessment on April 14, 2022, it was confirmed that employees in the Prep Lab were overexposed to DCM.  At that time, it was discovered that employees were exposed to DCM at approximately thirty-nine and seventy-nine parts of DCM per million parts of air (39.4 ppm and 79.3 ppm) as an eight-hour time-weighted average (8-hr TWA), which was in excess of OSHA's 25 ppm permissible exposure limit (PEL) over an 8-hr TWA.

Issued

2022-08-26 00:00:00

Abate by

2023-03-31 00:00:00

Penalty

Initial $130524.00 · Current $90000.00 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR 1910.1052(f)(3)(i):The employer did not implement procedures to detect leaks of methylene chloride in the workplace and did not make provisions to contain any spills and to safely dispose of any methylene chloride contaminated waste materials:  Prep Lab:  On or about February 28, 2022, and at times thereafter, the employer did not implement procedures to detect leaks of MC that were reoccurring from Buchi Concentrator machines located in various areas of the Prep Lab. Provisions to contain these spills and safely dispose of the waste from these leaks were not established by the employer.

Issued

2022-08-26 00:00:00

Abate by

2023-08-31 00:00:00

Penalty

Initial $130524.00 · Current $90000.00 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(h)(1): Where needed to prevent methylene chloride induced skin or eye irritation, the employer did not provide clean protective clothing and equipment resistant to methylene chloride, at no cost to the employee, and/or did not ensure that each affected employee used it:  Prep Lab:  On or about February 28, 2022, and at times thereafter, employees handling dichloromethane (DCM or methylene chloride) solvents were exposed to skin and/or eye irritation and chemical burns while performing analytical laboratory extraction and rinsing procedures without adequate protective equipment that was resistant to DCM.   a. Employees were not provided with adequate skin protection for their hands, in that, Kimberly-Clark Purple Nitrile Exam Gloves, which deteriorated in a minute or less, were used while analyzing environmental water and soil samples and while rinsing or washing glassware with DCM, a Category 2 skin and eye irritant.  b. Employees were not provided and required to wear appropriate eye protection, goggles, and/or face shields during tasks where the chemical splashed in their face and eyes.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $130524.00 · Current $90000.00 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(j)(1)(i): The employer did not make medical surveillance available for employees who were or potentially were  exposed to methylene chloride at or above the action level on 30 or more days per year, or above the 8-hour time weighted average permissible exposure limit or the short term exposure limit on 10 or more days per year:  Prep Lab:  On or about February 28, 2022, employees who may have and were exposed to methylene chloride (MC) above the action level on 30 or more days per year, or above the 8-hour time weighted average (TWA) permissible exposure limit (PEL), did not have medical surveillance made available to them by the employer. These exposures occurred while laboratory technicians performed analytical procedures using MC to extract organic compounds when analyzing environmental samples--including wastewater, soil, and sludge samples--and also happened during instances when employees were required to rinse glassware with the solvent to clean the items after the oven broke. This was all performed in areas that were either not ventilated, such as the sink and Buchi machines, or in poorly ventilated chemical fume hoods.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1450(g)(1)(i):Employees who had developed signs or symptoms associated with a hazardous chemical to which the employee could have been exposed in the laboratory, were not provided an opportunity to receive an appropriate medical examination:  On or about February 28, 2022, and at times thereafter, employees who exhibited symptoms associated with acute exposure to methylene chloride (MC) that included, but were not limited to, dizziness; light-headedness; headaches; and impaired gait, were not provided an opportunity to receive the appropriate medical examination when they were exposed to MC in the laboratory while performing extraction procedures with the solvent.  Employees presented with symptoms during the following instances:  a) February 23, 2022 - Dizziness and fatigue b) February 28, 2022 - Dizziness, fatigue, and tingling and numbness in their feet. c) February 28, 2022 - Nausea d) March 01, 2022- Impaired gait e) March 03, 2022 - Headaches, drowsiness, tingling and numbness in hands and fingers, fatigue f) March 04, 2022 - dizziness, headaches, nausea and fatigue, and respiratory irritation. g) March 04, 2022 - Impaired gait h) March 08, 2022 - Drowsiness and Fatigue i) March 10, 2022 - Impaired gait j) March 15, 2022 - Impaired gait k) April 06, 2022 - Light-headedness and respiratory distress  l) May 06, 2022 - Lightheadedness and headache m) May 06, 2022 - Lightheadedness and dizziness

Issued

2022-08-26 00:00:00

Abate by

2023-03-31 00:00:00

Penalty

Initial $130524.00 · Current $13000.00 Reduced

Hazardous substances 01700790172017301860

General-duty citation text

29 CFR 1910.1450(e)(1):  Where hazardous chemicals were used in the workplace, the employer did not carry out the provisions of a written Chemical Hygiene Plan which was capable of protecting employees from health hazards associated with hazardous chemicals:   The employer did not carry out the provisions of the Chemical Hygiene Plan in that they did not ensure fume hoods were functioning properly and did not implement specific measures to ensure proper and adequate performance of such equipment in the following locations:   a) Prep Lab: On or about March 22, 2022, and at times thereafter, the employer did not ensure that chemical fume hoods were functioning properly when hoods in the Tumbler Room failed to exhaust acidic vapors away from an employee's breathing zone resulting in a cloud of vapors becoming inhaled when the contents of water samples that were on a hot digestion block, which contained nitric acid, sulfuric acid, and hydrochloric acid, were opened.   b) Wet Lab: On or about April 21, 2022, and at times thereafter, ducting connected to chemical fume hoods frequently leaked over employees and their workstations when solvents including, but not limited to, sulfuric acid, ammonia, and chloroform were used.

Issued

2022-08-26 00:00:00

Abate by

2022-12-30 00:00:00

Penalty

Initial $1047.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1910.101(b): The in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tank cars, or motor vehicle cargo tanks were not in accordance with Compressed Gas Association Pamphlet P-1-1965, which is incorporated by reference as specified in CFR 1910.6:  Wet Lab:  On or about February 28, 2022, a highly pressurized oxygen gas cylinder was chained to a table near samples that were prepared with corrosive chemicals before it was analyzed in fume hood 21V. Also, the pure oxygen cylinder, that had a rusty presentation at the valve and cylinder collar, was exposed to continuous dampness when it was stored under ventilation ducting, connected to fume hood 21V, that was leaking from the ceiling. Per 3.3.7 of the Compressed Gas Association Pamphlet, compressed gas cylinder valves that are exposed to corrosive chemicals present a danger if the valves become corroded. This damage may result in struck-by injuries from a highly pressurized compressed gas cylinder such as oxygen. Analytical procedures performed in Fume Hood 21V included an Ammonia/TKN Phenate Method that used a Category 1B corrosive ammonia solution and a Category 1A corrosive solution of sulfuric acid, which was diluted in the rotating distillation block that was also stored in the hood.