OSHA Inspection: PORT JERVIS LABORATORIES, INC.

Issued

Dec 19, 2022

Abate by

Dec 23, 2022

Penalty

Initial $10,360 · Current $7,770 Reduced

General-duty citation text

29 CFR  1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:    (a) On or about 6/20/2022, at facility, for the compounders weighing and milling batches of powders containing chemicals such as, but not limited to, iron oxide, talc, mica, calcium silicate, and carmine (sensitizer).  The employer did not enforce the requirement to use eye protection.

Issued

Dec 19, 2022

Abate by

Jan 6, 2023

Penalty

Initial $14,502 · Current $10,877 Reduced

General-duty citation text

29 CFR  1910.134(e)(3)(i): The employer did not provide a follow-up medical examination for employees who gave a positive response to any question among questions 1 through 8 in Section 2, Part A of Appendix C, or whose initial medical evaluation demonstrated a need for a follow-up medical examination:   (a) On or about 6/20/2022, at facility, for the compounders weighing and milling batches of powders containing chemicals such as, but not limited to, iron oxide, talc, mica, calcium silicate, and carmine (sensitizer) and required to wear 3M 8210 N95 filtering face piece respirators and half face elastomeric respirator with P100 cartridges.  The employer did not provide follow-up medical examinations to the four employees who gave positive responses to any question 1 through 8 in Section 2, Part A of Appendix C (OSHA Respirator Medical Evaluation Questionnaire).

Issued

Dec 19, 2022

Abate by

Jan 6, 2023

Penalty

Initial $145,027 · Current $108,770 Reduced

General-duty citation text

29 CFR  1910.134(e)(7)(i): The employer did not provide additional medical evaluations that complied with the requirements of 29 CFR 1910.134 when an employee reported medical signs or symptoms that were related to ability to use a respirator:  (a) On or about 6/20/2022, at facility, a compounder weighing and milling batches of powders containing chemicals such as, but not limited to, iron oxide, talc, mica, calcium silicate, and carmine (sensitizer) and required to wear 3M 8210 N95 filtering face piece respirator and half face elastomeric respirator with P100 cartridges reported medical signs and symptoms to the employer including shortness of breath and asthma. He died later that day. The employee was previously hospitalized after reporting shortness of breath and asthma to the employer in May 2021.  The employer did not provide additional medical evaluation after the employee reported medical signs or symptoms that affected his ability to use a respirator.

Issued

Dec 19, 2022

Abate by

Jan 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(4)(i): The medical questionnaire and examinations were not administered confidentially during the employee's normal working hours or at a time and place convenient to the employee:    (a) On or about 6/20/2022, at facility, for the compounders weighing and milling batches of powders containing chemicals such as, but not limited to, iron oxide, talc, mica, calcium silicate, and carmine (sensitizer) and required to wear 3M 8210 N95 filtering face piece respirators and half face elastomeric respirator with P100 cartridges.  The employer did not ensure that completed medical questionnaires were kept in a manner that only authorized medical personnel could access. Documents were kept in an unlocked drawer, not in secure sealed envelopes to maintain confidentiality.

Issued

Dec 19, 2022

Abate by

Jan 23, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(m)(1): Records of medical evaluations required by 29 CFR 1910.134 were not retained and made available in accordance with 1910.1020:  a) On or about 6/20/2022, at facility, for the compounder weighing and milling batches of powders containing chemicals such as, but not limited to, iron oxide, talc, mica, calcium silicate, and carmine (sensitizer) and required to wear 3M 8210 N95 filtering face piece respirators and half face elastomeric respirator with P100 cartridges.  The records of the medical evaluations conducted and required to ensure employees are capable of wearing such respirators were not kept by the employer.