OSHA Inspection: ECK INDUSTRIES, INC.

Issued

Oct 3, 2022

Penalty

Initial $7,458 · Current $0 Reduced

Hazardous substances 0640

General-duty citation text

29 CFR 1910.101(b): "Compressed gases." The in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks shall be in accordance with Compressed Gas Association Pamphlet P-1-1965, which is incorporated by reference as specified in Sec. 1910.6.  Safe Handling of Compressed Gases Pamphlet P-1-1965 Section 3.3.8 Protect cylinders from any object that will produce a cut or other abrasion in the surface of the metal. Do not store cylinders near elevators or gangways, or in locations where heavy moving objects may strike or fall on them. Where caps are provided for valve protection, such caps should be kept on cylinders in storage.   a) On or about August 17, 2022, at the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer stored compressed gas cylinders containing chlorine were in an area where a heavy moving object may strike or fall on them, exposing employees to the hazards associated with chlorine. Four compressed gas cylinders containing chlorine gas were stored in the Cylinder Storage where they could be struck by forklifts.

Issued

Oct 3, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 2150X100

General-duty citation text

29 CFR  1910.253(b)(4)(iii):Oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fire-resistance rating of at least one-half hour.  On or about August 17, 2022, at the facility located at 1602 N 8th Street, Manitowoc, WI 54220, in the Cylinder Storage area, the employer did not ensure that fuel-gas cylinders (Propane and Acetylene) and Oxygen cylinders were stored at a minimum distance of 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least on-half hour, exposing employees to potential fire and explosive hazards.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $11,188 · Current $7,832 Reduced

General-duty citation text

29 CFR  1910.135(a)(1):The employer shall ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects.  On or about August 16, 2022, and August 17, 2022, at the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that each employee exposed to overhead hazards at West Pepset wore head protection while working with a jib crane carrying mold boxes at West Pepset.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $13,052 · Current $9,136 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i): Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section.  Note: Exception: The employer need not document the required procedure for a particular machine or equipment, when all of the following elements exist: (1) The machine or equipment has no potential for stored or residual energy or reaccumulation of stored energy after shut down which could endanger employees; (2) the machine or equipment has a single energy source which can be readily identified and isolated; (3) the isolation and locking out of that energy source will completely deenergize and deactivate the machine or equipment; (4) the machine or equipment is isolated from that energy source and locked out during servicing or maintenance; (5) a single lockout device will achieve a locker-out condition; (6) the lockout device is under the exclusive control of the authorized employee performing the servicing or maintenance; (7) the servicing or maintenance does not create hazards for other employees; and (8) the employer, in utilizing this exception, has had no accidents involving the unexpected activation or reenergization of the machine or equipment during servicing or maintenance.  a) At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not develop a machine specific lockout tag out procedure for SO2 #1 (ID# 501-004), to protect employees performing servicing and maintenance work from multiple sources of energies.  b) a) At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not develop a machine specific lockout tag out procedure for SO2 #2 (ID# 501-011), to protect employees performing servicing and maintenance work from multiple sources of energies.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(c)(6)(i): The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed.  On or about August 16, 2022, at the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that a periodic inspection of the energy control procedures for the SO2 #1 (ID# 501-004) and SO2 #2 (ID# 501-011) was conducted at least annually to ensure that the procedures and requirements of this standard were being followed.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $13,052 · Current $9,136 Reduced

General-duty citation text

29 CFR  1910.147(d): The established procedures for the application of energy control (the lockout or tagout procedures) shall cover the following elements and actions and shall be done in sequence as required by 29 CFR 1910.147(d)(1)-(6).  a) On or about August 16, 2022, at the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that an employee performing maintenance or service tasks, including but not limited to changeovers on the SO2 #1 (ID# 501-004), had isolated all energy sources, including but not limited to electrical, gravity, and pneumatic, exposing an employee to hazardous energies.  b)  On or about August 16, 2022, at the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that an employee performing maintenance or service tasks, including but not limited to changeovers on the SO2 #2 (ID# 501-011), had isolated all energy sources, including but not limited to electrical and pneumatic, exposing an employee to hazardous energies.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $13,052 · Current $0 Reduced

General-duty citation text

29 CFR  1910.212(a)(1): One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are-barrier guards, two-hand tripping devices, electronic safety devices, etc.  a) At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the pneumatic platform on the SO2 #1 (ID# 501-004) was not guarded during operation to prevent entry into the machine when it raises or lowers, exposing employees to caught in hazards. b) At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the SO2 #2 (ID# 501-011) carriage was not guarded during operation to prevent entry into the machine, exposing employees to caught in hazards. c) At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the sides of the SO2 #2 (ID# 501-011) were not adequately guarded during operation with the moveable plexiglass guards to prevent entry into the machine, exposing employees to caught in hazards.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $9,324 · Current $6,527 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(2)(i): The employer shall demarcate regulated areas from the rest of the workplace in a manner that minimizes the number of employees exposed to respirable crystalline silica within the regulated area.  The employer did not ensure that regulated areas in areas such as but not limited to, East Knockout and West Pepset, were demarcated from the rest of the workplace in a manner that minimized the number of employees exposed to respirable crystalline silica.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(i)(C): The employer shall establish and implement a written exposure control plan that contains at least the following elements: A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that housekeeping measures taken to reduce exposure to respirable crystalline silica contained in the written exposure control plan. The employer did not describe in the written exposure control plan a power-operated cleaning machine (Tennant Company SN S20-7500) that was used to clean floors.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(ii): The employer shall review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary, exposing employees to the hazards associated with respirable crystalline silica. Multiple deficiencies found during the inspection, such as but not limited to demarcating regulated areas, housekeeping measures (Tennant Power-Operated Cleaning Machine SN S20-7500) in the exposure control plan, dry sweeping, and respiratory protection, indicate inadequate evaluation or updating. The most recent employee exposure monitoring from October 2020 and December 2021 indicated that employees exceeded the action level and PEL and no updates to the exposure control plan were made.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(h)(1): The employer shall not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer allowed dry sweeping of silica sand where such activity could contribute to employee exposure to respirable crystalline silica, exposing employees to the hazards associated with respirable crystalline silica in the following instances:  a) On or about August 16, 2022, an employee at East Knockout was observed using a push broom to dry sweep silica sand on the floor containing up to 90.0% silica (quartz, total). b) On or about August 16, 2022, an employee at West Pepset was observed using a bench brush to sweep silica sand on a workstation containing up to 90.0% silica (quartz, total).

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $9,324 · Current $6,527 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(g)(2): Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not institute a respiratory protection program in accordance with 29 CFR 1910.134, where respirator use was required, exposing employees to the hazards associated with respirable crystalline silica. The employer did not not fully institute medical evaluations, fit testing, training, program evaluations, and include all provisions in the written respiratory protection program as required by 29 CFR 1910.134.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1)(ii): The employer shall include in the written respiratory protection program the following provisions of this section, as applicable: Medical evaluations of employees required to use respirators.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that the provision for medical evaluations of employees required to use respirators that was included in the written respiratory protection program facilitated the requirements of this section, exposing employees to the hazards associated with inadequate physical/physiological capability.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1)(vii): The employer shall include in the written respiratory protection program the following provisions of this section, as applicable: Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that the provision for training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations was included in the written respiratory protection program, exposing employees to the hazards associated with respirable crystalline silica.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1)(viii): The employer shall include in the written respiratory protection program the following provisions of this section, as applicable: Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that the provision for training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance was included in the written respiratory protection program, exposing employees to the hazards associated with respirable crystalline silica.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(c)(1)(ix): The employer shall include in the written respiratory protection program the following provisions of this section, as applicable: Procedures for regularly evaluating the effectiveness of the program.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that the provision for procedures for regularly evaluating the effectiveness of the program was included in the written respiratory protection program, exposing employees to the hazards associated with respirable crystalline silica.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(e)(2)(ii): The medical evaluation shall obtain the information requested by the questionnaire in Sections 1 and 2, Part A of Appendix C of 29 CFR 29 CFR 1910.134.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not provide medical evaluations to employees that contained the information requested by the questionnaire in Sections 1 and 2, Part A of Appendix C of 29 CFR 1910.134, exposing employees to the hazards associated with inadequate physical/physiological capability. Employees were provided and required to use respirators, such as but not limited to filtering facepiece respirators, while performing tasks, such as but not limited to tasks and in areas as noted in the Silica Exposure Control Plan.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(k):This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not provide training to each employee that were required to use a respirator such as but not limited to filtering facepiece respirators, while performing tasks, such as but not limited to tasks and in areas as noted in the Silica Exposure Control Plan, exposing employees to the hazards associated with respriable crystalline silica.  All provisions of 29 CFR 1910.134(k)(1) through (k)(6) shall be provided to employees wearing respirators. Key elements include, but are not limited to the following:  1) Reason for respirators use 2) Respirator limitations and capabilities 3) Effective respirator inspection and use 4) Procedures for maintenance, care and storage of respirators 5) Recognition of signs/symptoms that may limit respirator use

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $18,648 · Current $0 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(f)(2):The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter.  At the facility located at 1602 N 8th Street, Manitowoc, WI 54220, the employer did not ensure that each employee required to wear a tight-fitting half-face respirator while performing work with silica sand containing up to 90.0% silica (quartz, total) passed a qualitative fit test (QLFT) or quantitative fit test (QNFT) annually, exposing each employee to the hazards associated with respirable crystalline silica.  The employer required employees to wear filtering facepiece respirators to protect employees from respirable crystalline silica.  Eck Industries, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.134(f)(2), which was contained in OSHA inspection number 1304681, citation number 1, item number 1b and was affirmed as a final order on May 22, 2018, with respect to a workplace located at 1602 North 8th Street, Manitowoc, WI 54220.

Issued

Oct 3, 2022

Abate by

Nov 1, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Unless specifically permitted, flexible cords and cables may not be used as a substitute for the fixed wiring of a structure.  a) On or about August 16, 2022, at the facility located at 1602 N 8th Street, Manitowoc, WI 54220, at the Mullor, the employer did not ensure that a flexible cord was not used as a substitute for the fixed wiring of a structure exposing employees to electrical hazards. A flexible cord in use was affixed to stationary materials and wired into a floor fan.

Issued

Aug 30, 2022

Penalty

Initial $3,730 · Current $3,730

General-duty citation text

29 CFR  1904.41(a)(2): Annual electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries. If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form.  At the establishment located at 1602 North 8th Street, Manitowoc, WI 54220, the employer failed to electronically submit information from the OSHA Form 300A Summary of Work-Related Injuries and Illnesses for the preceding calendar year by March 2, 2022 to OSHA or the OSHA Injury Tracking Application system.  Eck Industries, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1904.41(a)(1), which was contained in OSHA inspection number 1304681, citation number 2, item number 1 and was affirmed as a final order on May 22, 2018, with respect to a workplace located at 1602 North 8th Street, Manitowoc, WI 54220.