OSHA Inspection: LMSRI, INC.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $2,486 · Current $1,740 Reduced

General-duty citation text

29 CFR  1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  (a) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, where the use of respiratory protection, including but not limited to 3M half faced elastomeric respirators with OV P-100 cartridges, was required for employees applying pesticides, including but not limited to Martin's Permethrin 10% Multi-Purpose Insecticide, the employer did not establish and implement a written respiratory protection program to protect employees from inhalation hazards of nasal or respiratory irritation.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit-tested or required to use the respirator in the workplace:  (a) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, where the use of respiratory protection, including but not limited to 3M half faced elastomeric respirators with OV P-100 cartridges, was required for employees applying pesticides, including but not limited to Martin's Permethrin 10% Multi-Purpose Insecticide, the employer did not provide a medical evaluation before employees were fit-tested or required to use the respirator in the workplace.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  (a) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, where the use of respiratory protection, including but not limited to 3M half faced elastomeric respirators with OV P-100 cartridges, was required for employees applying pesticides, including but not limited to Martin's Permethrin 10% Multi-Purpose Insecticide, the employer did not ensure employees were fit-tested prior to using the respirators to protect employees from inhalation hazards of nasal or respiratory irritation.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that it interfered with valve function:  (a) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, where the use of respiratory protection, including but not limited to 3M half faced elastomeric respirators with OV P-100 cartridges, was required for employees applying pesticides, including but not limited to Martin's Permethrin 10% Multi-Purpose Insecticide, the employer did not ensure that employees did not have facial hair that came between the sealing surface of the facepiece to protect employees from inhalation hazards of nasal or respiratory irritation.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $2,486 · Current $1,740 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) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, the employer did not develop a written hazard communication program for employees using pesticides and flammable liquids, including but not limited to Martin's Permethrin 10% Multi-Purpose Insecticide and gasoline, to protect employees from skin and eye irritation and burn hazards.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.  (a) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, the employer did not develop a written hazard communication program to include a list of the hazardous chemicals present in the workplace, including but not limited to, pesticides and flammable liquids, including but not limited to Martin's Permethrin 10% Multi-Purpose Insecticide and gasoline.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s):  (a) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, the employer did not maintain safety data sheets for each hazardous chemical in the workplace for employees using pesticides and flammable liquids, including but not limited to Martin's Permethrin 10% Multi-Purpose Insecticide and gasoline.

Issued

Oct 25, 2022

Abate by

Dec 12, 2022

Penalty

Initial $465 · Current $326 Reduced

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and, which identifies the document as a certification of hazard assessment:  (a) Facility at 15D Enterprise Lane in Smithfield:  On or about July 15, 2022, the employer did not certify in writing that a PPE workplace hazard assessment had been conducted that identifies the workplace evaluated, the person certifying that the evaluation has been performed, the date(s) of the hazard assessment, and, which identifies the document as a certification of hazard assessment.