OSHA Inspection: LEE'S COLOR STUDIO

Issued

Jan 13, 2023

Abate by

Feb 13, 2023

Penalty

Initial $3,315 · Current $1,864 Reduced

General-duty citation text

29 CFR 1910.134(c)(2)(ii): In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).  At an establishment located at  3401 Dewey Street Manitowoc, WI; the employer did not implement a written respiratory protection program when tight-fitting half-face elastomeric respirators were used voluntary by employees.  Appropriate provisions of 29 CFR 1910.134(c) through (m) shall be contained in a written respiratory protection program. Key elements for a voluntary respiratory use program include, but are not limited to the following:  1) Medical evaluations 2) Training on maintenance, use, and care of respirators 3) Program evaluation 4) Recordkeeping

Issued

Jan 13, 2023

Abate by

Feb 13, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1):General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  At an establishment located at  3401 Dewey Street Manitowoc, WI; the employer did not provide medical evaluations to employees to determine the employee's ability to use a respirator prior to employees voluntarily using half-face tight-fitting elastomeric respirators.

Issued

Jan 13, 2023

Abate by

Feb 13, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k):Training and information. 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 an establishment located at  3401 Dewey Street Manitowoc, WI;  the employer did not provide the basic information on respirators in Appendix D of this section to employees prior to employees voluntarily wearing respirators while spraying paint.

Issued

Jan 13, 2023

Abate by

Feb 13, 2023

Penalty

Initial $4,144 · Current $1,864 Reduced

General-duty citation text

29 CFR  1926.1153(d)(2)(i):General. The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section.  On or about August 29-30, 2022, at the jobsite located at  1980 Dufec Drive, Manitowoc, Wisconsin; the employer failed to determine the exposure to Respirable Crystalline Silica for an Abrasive Blaster and two employees assisting with the abrasive blasting operations.

Issued

Jan 13, 2023

Abate by

Feb 13, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1926.57(f)(5)(i):Employers must use only respirators approved by NIOSH under 42 CFR part 84 for protecting employees from dusts produced during abrasive-blasting operations.  On or about August 29-30, 2022, at the jobsite located at  1980 Dufec Drive, Manitowoc, Wisconsin; the employer failed to provide an approved respirator for abrasive blasting dusts for two employees assisting with the abrasive blasting operations.  The employees were working in an abrasive blasting area while wearing a 3M filtering facepiece respirator.