OSHA Inspection: KESSLER THERMOMETER CORP.

Issued

Feb 27, 2023

Abate by

Apr 13, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.120(q)(1): The employer did not develop and implement an emergency response plan to handle anticipated emergencies prior to commencement of emergency response operations.  a) Facility, on or about September 9, 2022, employees cleaned up spilled mercury throughout the facility  and were exposed to mercury inhalation hazards from exposure to liquid mercury and mercury vapors. No emergency response plan was in place or had been implemented to handle mercury  cleanup.    Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 9, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.132(a): Protective equipment was not used when necessary, whenever hazards capable of causing injury and impairment were encountered.  a) Facility: On or after September 12, 2022, glass blowers, engravers and scalers handling contaminated equipment and exposed to surfaces contaminated with mercury were observed not wearing PPE to protect hands, arms and clothing from mercury contamination.   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 9, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.132(d)(1)(i): When the employer had assessed the workplace hazard(s) and determined that hazard(s) were present, the employer did not select and/or use the types of personal protective equipment that would protect the affected employee from the hazard.    On or after September 12, 2022, employees working with mercury during the mercury filling, calibration, engraving and etching process were provided with gloves and aprons. The PPE provided did not cover and protect arms, torso, legs, and feet from mercury contamination.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 22, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR 1910.132(f)(1): The employer did not provide training to each employee who is required by this section to use personal protective equipment:  (a)) Facility- On or after September 12, 2022, employees were observed wearing latex gloves and  polyethylene aprons. The employer did not provide training on when and what PPE is necessary,  and PPE limitations.   Note: In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Apr 13, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.134(a)(2): A respirator was not provided by the employer to each employee when such equipment was necessary to protect the health of the employee:  (a) On or about August 29th, 2022, at the worksite, employees who performed duties such as glass blowing, filling and calibration were working with mercury in open area without the use of a respirator to protect against mercury fumes/vapors.   Note: In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 9, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1631

General-duty citation text

29 CFR  1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):  (a)Worksite: On or about August 29th, 2022 at the Kessler Thermometer, in the mercury distillation/filling  area. Employees were working with mercury in open area without the use of a chemical fume hood or local ventilation to capture the mercury fumes/vapors generated during the process.  (b)Worksite: On or about August 29th, 2022 at the Kessler Thermometer, in the mercury  sealing area. Employees were working with mercury without the use of a chemical fume hood or local ventilation operating sufficiently to capture the mercury fumes/vapors generated during the process.  The required face velocity of a chemical fume hood is 200 feet per minute, the measured face velocity was 85 feet per minute.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Apr 13, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

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) On or about September 28th, 2022,  at the worksite, employees who performed duties such as glass blowing, filling and calibration were working with mercury in open area. Employees wore N95 filtering face-piece respirators to protect against mercury fumes/vapors. The employer had not developed or implemented a respiratory protection program.  (b) On or about 1/31/23 at the worksite employee performing etching using Hydrofluoric Acid wore a full-face elastomeric respirator to protect from Hydrofluoric Acid vapors. The employer had not developed or implemented a respiratory protection program.   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 9, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

General-duty citation text

29 CFR  1910.134(d)(1)(i):Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:  (a) On or about September 28th, 2022,  at the worksite, employees who performed duties such as glass blowing, filling and calibration were exposed to mercury vapor, employees wore N-95 filtering facepieces. The N-95 respirator was not suitable to protect against mercury vapors.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 16, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

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) On or about August 28th, 2022, at the worksite, employees who performed duties such as glass blowing, filling and calibration were working with mercury in open area with the use of a respirator to protect against mercury fumes/vapors. The employer did not provide medical evaluation.  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 16, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

General-duty citation text

29 CFR  1910.134(f)(1):The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):  (a)	On or about August 28th, 2022,  at the worksite, employees who performed duties such as glass blowing, filling and calibration were working with mercury in open area with the use of a respirator to protect against mercury fumes/vapors. Employees were not fit tested.   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 16, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

General-duty citation text

29 CFR  1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):   (a)	On or about August 28th, 2022, at the worksite, employees who performed duties such as glass blowing, filling and calibration were working with mercury in open area with the use of a respirator to protect against mercury fumes/vapors. The employer had not provided training.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 22, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.141(a)(3)(i): Places of employment were not kept clean to the extent that the nature of the work allowed:  (a) On or about September 12, 2022,  At the workplace, floors, tables, desks, storage areas, shelving were contaminated with mercury  , a toxic metal.   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 22, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.141(g)(2): Employees were permitted to consume food or beverage in area(s) exposed to toxic materials.  (a) On or about September 12, 2022,  At the workplace the employer designated the eating area for employees in the area where mercury is handled and processed. Detectable levels of mercury were measured in the eating area. On or about September 12, 2022.   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 22, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR 1910.141(g)(4): Food or beverages were stored in area(s) exposed to toxic material(s):  (a) On or about September, 12th 2022. At the workplace, food is prepared and heated and consumed in the eating area designated by the employer. Containers used by employees to bring food to work are stored at the individual's workstation. Levels of mercury were recorded in the eating area and workstations.  Note: In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 9, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

General-duty citation text

29 CFR  1910.151(b):First aid supplies approved by a consulting physician were not readily available:  (a) On or about January 31, 2023,  at the worksite, employee  etching  thermometer with  Hydrofluoric Acid  were not provided with appropriate First Aid supplies for Hydrofluoric Acid.  2.5% calcium gluconate gel is the recommended first aid  for Hydrofluoric Acid burns. Employer provided Silver Sulfadiazine Cream , USP 1% .   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 22, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

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:  (a) On or about January 31, 2023,  at the worksite, employee  etching  thermometers with  Hydrofluoric Acid. A quick drenching shower was not available in the work area for immediate use.   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Apr 13, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   (a) On or about September 12th, 2022. At the jobsite employees use and are exposed to hazardous materials including but not limited to mercury and hydrofluoric acid.   Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 9, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.1200(f)(6):The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein:  On or about September 12, 2022,  at  Kessler Thermometer shipping and receiving area. A thirty-gallon plastic drum containing the vacuum pump used in the thermometer mercury filling process and mercury contaminated water was mislabeled.  The drum label listed water as the contents. The vacuum pump and water were contaminated with mercury.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Apr 13, 2023

Penalty

Initial $6,250 · Current $3,125 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) At the workplace, on or about September 12, 2022. Employees working with Mercury were not trained on the hazards of Elemental Mercury. Employees working with Mercury and Hydrofluoric Acid  were not trained on how to safely handle,  identify, and  protect themselves from  exposure to Hydrofluoric Acid and Mercury.    Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 9, 2023

Penalty

Initial $78,130 · Current $39,065 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR 1910.1000(b)(1): Employee(s) were exposed to an airborne concentration of mercury listed in Table Z-2 in excess of the 8-hour Time Weighted Average concentration of .1 mg/m3:  On or about August 29th, 2022. Employees working at Kessler Thermometer Corp 41 Gleam Street, West Babylon NY 11704 involved in activities such as but not limited to the distillation/purifying of elemental mercury, filling of thermometers, glass blowing, calibration,  and engraving of thermometers and hydrometers were exposed to and seriously sickened by airborne concentration of elemental mercury in excess of the 8-hour Time Weighted Average concentration of .1 mg/m3 based on biological exposure indices of employees.    Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Abate by

Mar 16, 2023

Penalty

Initial $893 · Current $447 Reduced

General-duty citation text

29 CFR  1904.29(b)(1): A Log of all recordable work-related injuries and illnesses (OSHA Form 300 or equivalent), was not completed in the detail as required by the regulation:   On or about August 29th, 2022 the employer did not record all recordable work-related injuries and illnesses (OSHA Form 300 or equivalent), was not completed in the detail as required by the regulation  a) Entry number 1 :  The date of injury was 8/29/22, column (F) Stated Acute Trauma, and did not describe the injury and illness or substance that directly the employee. Column (H) Days Away from Work was recorded with a question mark.   b) Entry number 2:  The date of injury on the log was listed as 9/6/22  when the  date of injury was  8/29/22. Column (F) Stated Alleged absorption to a toxic substance, and did not  describe the injury or illness or substance that directly affected the employee. Column (H)Days Away from Work was recorded with a question mark. Section(M) had a checked mark in column (1)for injury and column (4)  poisoning was checked with a question mark.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

Issued

Feb 27, 2023

Penalty

Initial $4,465 · Current $2,233 Reduced

Hazardous substances 1631

General-duty citation text

29 CFR  1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye.     On or about 8/29/22; The employer did not report  within 24-hours work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye.  Note:  In addition to abatement certification the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.