OSHA Inspection: NITREX INC.

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $7,813 · Current $4,640 Reduced

General-duty citation text

29 CFR  1910.23(b): General requirements for all ladders. The employer must ensure: 29 CFR  1910.23(b)(8):  Ladders are used only for the purposes for which they were designed.  (a): On or about November 22, 2022, the employer did not ensure that ladders are used only for the purposes for which they were designed.  Employees used a broken extension ladder to enter and exit the N33 furnace to retrieve product.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $10,938 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.146(c)(2): If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces.  NOTE: A sign reading DANGER -- PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER or using other similar language would satisfy the requirement for a sign.  (a): On or about September 12, 2022, the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces. Employees would descend inside of the N33 Nitrider furnace without knowledge of the respiratory hazards.  (b): On or about November 22, 2022, the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces. Employees would descend inside of the N33 Nitrider furnace without knowledge of the respiratory hazards.  (c): On or about November 26, 2022, the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence, location, and the danger posed by the permit spaces. Employees would descend inside of the N8 Nitrider pit without knowledge of the hazards.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $10,151 · Current $6,500 Reduced

General-duty citation text

29 CFR  1910.146(d): Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall: 29 CFR  1910.146(d)(3)(vi): Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry.   (a): On or about September 12, 2022, under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered and remained. Employees would descend inside of the N33 Nitrider furnace without evaluating the atmospheric hazards.  (b): On or about November 22, 2022, under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered and remained. Employees would descend inside of the N33 Nitrider furnace without evaluating the atmospheric hazards.  (c): On or about November 26, 2022, under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered and remained. Employees would descend inside of the N8 Nitrider pit without evaluating the atmospheric hazards.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d): Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall: 29 CFR  1910.146(d)(5): Evaluate permit space conditions as follows when entry operations are conducted: 29 CFR  1910.146(d)(5)(i): Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system (such as a sewer), pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working.   (a): On or about September 12, 2022, the employer did not evaluate permit space conditions by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin. Employees would descend inside of the N33 Nitrider furnace for repairs without an evaluation of the hazards.  (b): On or about November 22, 2022, employer did not evaluate permit space conditions by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin.  Employees would descend inside of the N33 Nitrider furnace to deliver or retrieve product without an evaluation of the hazards.  (c): On or about November 26, 2022, employer did not evaluate permit space conditions by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin.  Employees would descend inside of the N8 nitriding pit without an evaluation of the hazards.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d): Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall: 29 CFR  1910.146(d)(5): Evaluate permit space conditions as follows when entry operations are conducted: 29 CFR  1910.146(d)(5)(ii): Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during the course of entry operations.    (a): On or about September 12, 2022, the employer did not adequately monitor the space to ensure that conditions for entry into a permit required confined space remained acceptable throughout the duration of the entry, exposing employees to chemical and explosion hazards.  Employees would descend inside of the N33 Nitrider furnace to conduct repairs.  (b): On or about November 22, 2022, the employer did not adequately monitor the space to ensure that conditions for entry into a permit required confined space remained acceptable throughout the duration of the entry, exposing employees to chemical and explosion hazards.  Employees would descend inside of the N33 Nitrider furnace to retrieve product.  (c): On or about November 26, 2022, the employer did not adequately monitor the space to ensure that conditions for entry into a permit required confined space remained acceptable throughout the duration of the entry, exposing employees to chemical and explosion hazards.  Employees would descend inside of the N8 Nitrider pit to retrieve product.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $10,938 · Current $0 Reduced

General-duty citation text

29 CFR  1910.134(d)(1)(iii):The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH.  (a): On or about September 12, 2022, the employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form, including (but not limited to) the N33 Nitrider furnace.  Employees would conduct repairs to the inside of the N33 Nitrider furnace without an evaluation of the respiratory hazards.  (b): On or about November 22, 2022, the employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form, including (but not limited to) the N33 Nitrider furnace.  Employees would enter the furnace to retrieve product without an evaluation of the respiratory hazards.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $10,938 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.146(d): Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall: 29 CFR  1910.146(d)(2): Identify and evaluate the hazards of permit spaces before employees enter them;   (a): On or about September 12, 2022, the employer did not identify and evaluate the hazards of permit spaces before employees entered, exposing employees to chemical and explosion hazards.  Employees would descend inside of the N33 Nitrider furnace.  (b): On or about November 22, 2022, the employer did not identify and evaluate the hazards of permit spaces before employees entered, exposing employees to chemical and explosion hazards. Employees would descend inside of the N33 Nitrider furnace.  (c): On or about November 26, 2022, the employer did not identify and evaluate the hazards of permit spaces before employees entered, exposing employees to chemical and explosion hazards.  Employees would descend inside of the N8 Nitrider pit.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(e)(1): Before entry is authorized, the employer shall document the completion of measures required by paragraph (d)(3) of this section by preparing an entry permit.  NOTE: Appendix D to section 1910.146 presents examples of permits whose elements are considered to comply with the requirements of this section.  (a): On or about September 12, 2022, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit before entry was authorized. Employees would descend inside of the N33 Nitrider furnace without completing an entry permit.  (b): On or about November 22, 2022, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit before entry was authorized. Employees would descend inside of the N33 Nitrider furnace without completing an entry permit.  (c): On or about November 26, 2022, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit before entry was authorized. Employees would descend inside of the N8 Nitrider pit without completing an entry permit.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $10,938 · Current $7,000 Reduced

General-duty citation text

29 CFR 1910.146(d): Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall: 29 CFR 1910.146(d)(8): Designate the persons who are to have active roles (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by paragraph (g) of this section.    (a): On or about September 12, 2022, the employer did not designate and provide training for each employee who had active roles in permit confined space procedures, such as but not limited to attendants, entrants and the entry supervisor.  Employees would descend inside of the N33 Nitrider furnace for repairs.  (b): On or about November 22, 2022, the employer did not designate and provide training for each employee who had active roles in permit confined space procedures, such as but not limited to attendants, entrants and the entry supervisor.  Employees would descend inside of the N33 Nitrider furnace to deliver or retrieve product.  (c): On or about November 26, 2022, the employer did not designate and provide training for each employee who had active roles in permit confined space procedures, such as but not limited to attendants, entrants and the entry supervisor.  Employees would descend inside of the N8 Nitrider pit to deliver and retrieve fixtures.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $10,938 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.146(g)(1): The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.   (a): On or about September 12, 2022, the employer did not provide training so that all employees whose work was regulated by this section acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146.  Employees would descend inside of the N33 Nitrider furnace for repairs without the entrant or attendant being trained as necessary.  (b): On or about November 22, 2022, the employer did not provide training so that all employees whose work was regulated by this section acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146.  Employees would descend inside of the N33 Nitrider furnace to deliver or retrieve product without the entrant or attendant being trained as necessary.  (c) On or about November 26, 2022, the employer did not provide training so that all employees whose work was regulated by this section acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146.  Employees would descend inside of the N8 Nitrider pit to deliver or retrieve fixture without the attendant being designated or trained as necessary.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Jun 1, 2023

Penalty

Initial $10,938 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.146(k)(1): An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall: 29 CFR  1910.146(k)(1)(i): Evaluate a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;  Note to paragraph (k)(l)(i): What will be considered timely will vary according to the specific hazards involved in each entry. For example, ��1910.134, Respiratory Protection, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) wearing respiratory protection while in work areas defined as IDLH atmospheres.    (a): On or about September 12, 2022, the employer had not evaluated a rescue and emergency service's ability to respond to a rescue summons in a timely manner for N33 Nitriding furnace on prior to entry into those spaces. An employee descended inside of the N33 Nitrider furnace for repairs.  (b): On or about November 22, 2022, the employer had not evaluated a rescue and emergency service's ability to respond to a rescue summons in a timely manner for N33 Nitriding furnace on prior to entry into those spaces. An employee descended inside of the N33 Nitrider furnace to retrieve product.  (c) On or about November 26, 2022, the employer had not evaluated a rescue and emergency service's ability to respond to a rescue summons in a timely manner for N33 Nitriding furnace on prior to entry into those spaces. An employee descended inside of the N8 Nitrider pit to retrieve a fixture.  (d) On or about December 16, 2022, the employer had not evaluated a rescue and emergency service's ability to respond to a rescue summons in a timely manner for N33 Nitriding furnace on prior to entry into those spaces. An employee entered the "Super 2" furnace to conduct alloy repairs.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Jun 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(1) An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall:  29 CFR  1910.146(k)(1)(ii): Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified;    (a): On or about September 12, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9), the employer did not evaluate the prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments. Employees would descend inside of the N33 Nitrider furnace for repairs without evaluating if 911 emergency services had the ability to respond in a timely manner.  (b): On or about November 22, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9), the employer did not evaluate the prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments. Employees would descend inside of the N33 Nitrider furnace to deliver or retrieve product without evaluating if 911 emergency services had the ability to respond in a timely manner.  (c) On or about November 26, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9), the employer did not evaluate the prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments. Employees would descend inside of the N8 Nitrider pit to deliver or retrieve fixture without evaluating if 911 emergency services had the ability to respond in a timely manner.  (d) On or about December 16, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9), the employer did not evaluate the prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments.  Employees entered the "Super 2" furnace to conduct alloy repairs without evaluating if 911 emergency services had the ability to respond in a timely manner.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Jun 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(1): An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall: 29 CFR  1910.146(k)(1)(iv): Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and  (a): On or about September 12, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9), the employer did not inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments. Employees would descend inside of the N33 Nitrider furnace for repairs without informing 911 emergency services of the hazards before entry.  (b): On or about November 22, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9),  the employer did not inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments. Employees would descend inside of the N33 Nitrider furnace to deliver or retrieve product without informing 911 emergency services of the hazards before entry.  (c) On or about November 26, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9),  the employer did not inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments. Employees would descend inside of the N8 Nitrider pit to deliver or retrieve fixture without informing 911 emergency services of the hazards before entry.  (d) On or about December 16, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9),  the employer did not inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site.  The hazards include (but not limited to) cracked endo gas, anhydrous ammonia, and nitrogen leaks or hazardous environments.  Employees entered the "Super 2" furnace to conduct alloy repairs without informing 911 emergency services of the hazards before entry.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Jun 1, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(1): An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall:    29 CFR  1910.146(k)(1)(v): Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations.  Note to paragraph (k)(1): Non-mandatory Appendix F contains examples of criteria which employers can use in evaluating prospective rescuers as required by paragraph (k)(l) of this section.  (a): On or about September 12, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9), the employer did not provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service could develop appropriate rescue plans and practice rescue operations.  Employees would descend inside of the N33 Nitrider furnace for repairs without having 911 emergency services access the spaces before entry by employees.  (b): On or about November 22, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9),  the employer did not provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service could develop appropriate rescue plans and practice rescue operations.  Employees would descend inside of the N33 Nitrider furnace for repairs without having 911 emergency services access the spaces before entry by employees.  (c) On or about November 26, 2022, when designating rescue and emergency services pursuant to 29 CFR 1910.146(d)(9),  the employer did not provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service could develop appropriate rescue plans and practice rescue operations.  Employees would descend inside of the  N8 Nitrider pit to deliver or retrieve fixtures without having 911 emergency services access the spaces before entry by employees.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Oct 2, 2023

Penalty

Initial $10,938 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements.   (a): On or about September 12, 2022, Non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space.  Employees would descend inside of the N33 Nitrider furnace for repairs without the ability to conduct a non-entry rescue.  (b): On or about November 22, 2022, Non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space.   Employees would descend inside of the N33 Nitrider furnace for repairs without the ability to conduct a non-entry rescue.   (c) On or about November 26, 2022, Non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space.  Employees would descend inside of the N8 Nitrider pit to deliver or retrieve fixtures without the ability to conduct a non-entry rescue.   (d) On or about December 16, 2022, Non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space.   Employees would enter the "Super 2" furnace to conduct alloy repairs without the ability to conduct a non-entry rescue.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Oct 2, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements. 29 CFR  1910.146(k)(3)(i): Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, above the entrant's head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative.   (a): On or about September 12, 2022,  the employer did not ensure that employees utilize chest or full body harness with a retrieval line attached when they entered the N33 Nitrider furnace for repairs.  (b): On or about November 22, 2022, the employer did not ensure that employees utilize chest or full body harness with a retrieval line attached when they entered the N33 Nitrider furnace to retrieve product.   (c) On or about November 26, 2022, the employer did not ensure that employees utilize chest or full body harness with a retrieval line attached when they entered the N8 Nitrider pit to deliver or retrieve fixtures.   (d) On or about December 16, 2022, the employer did not ensure that employees utilize chest or full body harness with a retrieval line attached when they entered the "Super 2" furnace to conduct alloy repairs.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $10,938 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(d): Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall: 29 CFR 1910.146(d)(4):Provide the following equipment (specified in paragraphs (d)(4)(i) through (d)(4)(ix) of this section) at no cost to employees, maintain that equipment properly, and ensure that employees use that equipment properly:  (a): On or about September 12, 2022, The employer did not provide or maintain the equipment specified in 29 CFR 1910.146(d)(4)(i)-(d)(4)(ix) to employees, and/or did not ensure that employees use that equipment properly.  Equipment that the employer did not provide included (but not limited to): testing and monitoring equipment needed; ladders needed for safe ingress and egress by authorized entrants; and rescue and emergency equipment needed.  Employees would descend inside of the N33 Nitrider furnace for repairs without an evaluation of the hazards.  (b): On or about November 22, 2022, The employer did not provide or maintain the equipment specified in 29 CFR 1910.146(d)(4)(i)-(d)(4)(ix) to employees, and/or did not ensure that employees use that equipment properly.  Equipment that the employer did not provide included (but not limited to): testing and monitoring equipment needed; ventilating equipment needed to obtain acceptable entry conditions; ladders needed for safe ingress and egress by authorized entrants; and rescue and emergency equipment needed.  Employees would descend inside of the N33 Nitrider furnace to deliver or retrieve product without an evaluation of the hazards.  (c): On or about November 26, 2022, The employer did not provide or maintain the equipment specified in 29 CFR 1910.146(d)(4)(i)-(d)(4)(ix) to employees, and/or did not ensure that employees use that equipment properly.  Equipment that the employer did not provide included (but not limited to): testing and monitoring equipment needed; ventilating equipment needed to obtain acceptable entry conditions; ladders needed for safe ingress and egress by authorized entrants; and rescue and emergency equipment needed.  Employees would descend inside of the N8 Nitrider pit to deliver or retrieve product without an evaluation of the hazards.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Penalty

Initial $7,813 · Current $3,500 Reduced

General-duty citation text

29 CFR  1910.1200(f)(6): Workplace labeling. Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked in accordance with this section.  (a): On or about October 26, 2022, the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged and/or marked as required.  Two (2) unmarked containers of a Category 4 flammable liquid, used to clean machine parts, were located in the tool building.  (b): On or about October 26, 2022, the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged and/or marked as required.  Three (3) unmarked containers of a Category 4 flammable liquid, used to clean machine parts, were located in the blasting/receiving building.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.106(d)(3)(ii): "Fire resistance." Storage cabinets shall be designed and constructed to limit the internal temperature to not more than 325 deg. F. when subjected to a 10-minute fire test using the standard time-temperature curve as set forth in Standard Methods of Fire Tests of Building Construction and Materials, NFPA 251-1969, which is incorporated by reference as specified in Sec. 1910.6. All joints and seams shall remain tight and the door shall remain securely closed during the fire test. Cabinets shall be labeled in conspicuous lettering, "Flammable - Keep Fire Away."   (a): On or about October 26, 2022, the employer did not ensure that flammable liquid storage cabinets were maintained as required.  Flammable liquid storage cabinet(s) were not labeled in conspicuous lettering, "Flammable - Keep Fire Away".  The cabinet was used to store a category 4 flammable liquid.  (b): On or about November 22, 2022, the employer did not ensure that flammable liquid storage cabinets were maintained as required.  Flammable liquid storage cabinet(s) were not labeled in conspicuous lettering, "Flammable - Keep Fire Away".  The cabinet was used to store a category 4 flammable liquid.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.106(d)(3)(ii)(a): Metal cabinets constructed in the following manner shall be deemed to be in compliance. The bottom, top, door, and sides of cabinet shall be at least No. 18 gage sheet iron and double walled with 1 1/2 - inch air space. Joints shall be riveted, welded or made tight by some equally effective means. The door shall be provided with a three-point lock, and the door sill shall be raised at least 2 inches above the bottom of the cabinet.   (a): On or about October 26, 2022, the employer did not ensure that flammable liquid metal storage cabinets were constructed as required.  The door of the metal storage cabinet(s) for flammable and combustible liquids was not provided with a three point lock. The cabinet was used to store a category 4 flammable liquid.  (b): On or about November 22, 2022, the employer did not ensure that flammable liquid metal storage cabinets were constructed as required.  The door of the metal storage cabinet(s) for flammable and combustible liquids was not provided with a three point lock. The cabinet was used to store a category 4 flammable liquid.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Abate by

Apr 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(2)(i): An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in Appendix D to this section ("Information for Employees Using Respirators When Not Required Under the Standard").   (a): On or about September 12, 2022, The employer did not ensure that respirator users were provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible.  Employees would voluntarily wear dust masks within the workplace without the information contained in Appendix D.  (b): On or about October 26, 2022, The employer did not ensure that respirator users were provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible.  Employees would voluntarily wear dust masks within the workplace without the information contained in Appendix D.  Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Mar 3, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)   (a): On or about October 26, 2022, The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical on site, including (but not limited to) Garnet.  Employees were exposed to chemicals and were unable to reference the safety data sheets.