OSHA Inspection: HAPPY SMILE LEARNING CENTER INC.

Issued

Apr 6, 2023

Penalty

Initial $15,625 · Current $2,600 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR 1910.1000(a)(2) - Employees were exposed to an airborne concentration of a contaminant listed in Table Z-1 in excess of the 8-hour time weighted average (TWA) concentration given for that contaminant:  a) Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 184.6  parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 3.69 times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 75 minute exposure period.     b)  Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 266.4 parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 5.33  times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 100 minute exposure period.    c) Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 189.3 parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 3.79  times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 85 minute exposure period.   d) Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 67.9  parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 1.36 times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 40 minute sampling period.

Issued

Apr 6, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0560C730

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) Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 184.6  parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 3.69 times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 75 minute exposure period. Feasible engineering or administrative controls were not implemented to reduce employee exposure below established limits.  b)  Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 266.4 parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 5.33  times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 100 minute exposure period. Feasible engineering or administrative controls were not implemented to reduce employee exposure below established limits.  c) Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 189.3 parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 3.79  times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 85 minute exposure period. Feasible engineering or administrative controls were not implemented to reduce employee exposure below established limits.  d) Happy Smile Learning Center - On or about October 11, 2022, an employee  performing the duties of a day care worker, was exposed to 67.9  parts carbon monoxide per million parts of air as an 8-hour time weighted average (TWA) from an improperly maintained natural gas boiler. The exposure concentration was determined by the employee's carboxyhemoglobin (%COHb) medical blood gas measurement following the employee's exposure.  This level is 1.36 times the permissible exposure limit (PEL) of 50 ppm.  This exposure occurred over a 40 minute sampling period. Feasible engineering or administrative controls were not determined and implemented to reduce employee exposure below established limits.  Among other methods, feasible and acceptable means of abatement include, but are not limited to:  The employer should implement a process-based approach to abate the cited hazard. As part of that process, multiple abatement measures from the menu below may be necessary to materially reduce the hazard. The following items are intended as part of an overall process and are not intended as alternatives which, standing alone, would each satisfy the employer's abatement obligations:

Issued

Apr 6, 2023

Abate by

May 2, 2023

Penalty

Initial $2,679 · Current $2,600 Reduced

Hazardous substances 05600640

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) Happy Smile Learning Center - On or about October 11, 2022, employees were exposed to hazardous chemicals, such as but not limited to, carbon monoxide and various cleaning products, such as Sodium Hypochlorite Solution, and 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.    ABATEMENT NOTE: A written program shall include descriptions of how the criteria for the following will be met: 1.  Labeling, pictograms, and other forms of warning; 2.  Safety Data Sheets; 3.  Employee information and training.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards, including a description of the labeling system used in the facility and of the availability of material safety data sheets, must also be addressed.  The written program must be made available upon request.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 6, 2023

Abate by

May 2, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 05600640

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) Happy Smile Learning Center - On or about October 11, 2022, employees were exposed to hazardous chemicals, such as but not limited to, carbon monoxide and various cleaning products, such as Sodium Hypochlorite Solution,  and the employer did not maintain in the workplace or provide access to copies of the required safety data sheets for each of the hazardous chemicals in the workplace in accordance with this section.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Apr 6, 2023

Abate by

May 2, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 05600640

General-duty citation text

29 CFR  1910.1200(h)(1):  The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area.  Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals.  Chemical-specific information must always be available through labels and safety data sheets.  a) Happy Smile Learning Center - On or about October 11, 2022, employees were exposed to hazardous chemicals, such as but not limited to, carbon monoxide and various cleaning products, such as Sodium Hypochlorite Solution, and the employer did not provide information and training on chemical hazards to include SDSs, labeling, and the health and safety precautions of the chemicals.  ABATEMENT NOTE: Employees shall be informed of the following: 1. The requirements of this section; 2. Any operations where hazardous chemicals are present; 3. The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and Safety Data Sheets.    Employee training shall include at least: 1. Methods and observations that may be used to detect the presence or release of hazardous chemical in the work area. 2. The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area. 3. The measures employees can take to protect themselves, such as specific procedures and personal protective equipment to be used. 4. The details of the employer's Hazard Communication Program including an explanation of the labels received on shipped containers and the workplace labeling system used by the employer; Safety Data Sheets, including the order of information and how employees can obtain and use the appropriate hazard information.  Abatement certification required within 10 days after abatement date.  The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.