OSHA Inspection: TONY'S AUTO BODY II, INC.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $6250.00 · Current $3750.00 Reduced

General-duty citation text

29 CFR  1910.106(e)(2)(iii): "Separation and protection." Areas in which flammable liquids are transferred from one tank or container to another container shall be separated from other operations in the building by adequate distance or by construction having adequate fire resistance. Drainage or other means shall be provided to control spills. Adequate natural or mechanical ventilation shall be provided.   a) Paint Shop, prep area: On or about December 14, 2022, employees transferred waste Value Works general purpose thinner, a Category 2 flammable liquid, between five-gallon metal cans to consolidate the waste, exposing them to a fire hazard. This was done is within the same room as the mixing area, distillation unit, spray area and spray booth.

Issued

2023-06-07 00:00:00

Penalty

Initial $4465.00 · Current $2679.00 Reduced

Hazardous substances 1660

General-duty citation text

29 CFR  1910.106(e)(2)(iv)(a):  Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), were not kept in covered containers when not actually in use:  a) Paint Shop, prep area: On or about December 14, 2022, employees worked within 10 feet of 21 five-gallon cans of Value Works general purpose thinner, a Category 2 flammable liquid, which were stored and not kept in covered containers when not in use.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $6250.00 · Current $3750.00 Reduced

Hazardous substances 0040166024602590

General-duty citation text

29 CFR  1910.106(e)(6)(i): Adequate precautions were not taken to prevent the ignition of flammable vapors:   a) Solvent distillation unit: On or about March 30, 2023 and continuing thereafter, the painter operated the unit to recycle Value Works general purpose thinner, a Category 2 flammable liquid, in the event of a spill, malfunction or improper operation therefore flammable vapor-air mixtures could exist. Precautions were not taken to prevent the ignition of flammable vapors.  b) Paint mixing area: On or about December 14, 2022 and continuing thereafter, the painter mixed paints and other coatings and cleaned the spray gun using Value Works general purpose thinner, a Category 2 flammable liquid. Flammable vapor-air mixtures could exist during normal operations. Precautions were not taken to prevent the ignition of flammable vapors.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $6250.00 · Current $3750.00 Reduced

Hazardous substances 0040166024602590

General-duty citation text

29 CFR  1910.107(c)(6):  Wiring type approved. Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area as herein defined shall be of explosion-proof type approved for Class I, group D locations and shall otherwise conform to the provisions of subpart S of this part, for Class I, Division 1, Hazardous Locations. Electrical wiring, motors, and other equipment outside of but within twenty (20) feet of any spraying area, and not separated therefrom by partitions, shall not produce sparks under normal operating conditions and shall otherwise conform to the provisions of subpart S of this part for Class I, Division 2 Hazardous Locations.  a) Paint Shop, Paint Area: On or about December 14, 2022 and continuing thereafter the painter operated gravity spray guns to spray paints and other automotive coatings, including Berobase series paints and General 4010 and 5010 clearcoats, which are Category 2 flammable liquids. The light fixtures and two electrical outlets in the area were not classified for Class I, Division 1, Hazardous Locations.

Issued

2023-06-07 00:00:00

Penalty

Initial $6250.00 · Current $3750.00 Reduced

Hazardous substances 0040166024602590

General-duty citation text

29 CFR 1910.107(e)(2): The quantity of flammable or combustible liquids kept in the vicinity of spraying operations exceeded the minimum required for operation.  a) Paint Shop: On or about December 14, 2022, over one hundred and twenty-five gallons of Value Works general purpose thinner and other automotive coatings including but not limited to Valspar Berobase 500 series, and General Clear Coat 5010 and 4010 were stored, in the vicinity of the spray area, exposing employees to a fire hazard.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $4465.00 · Current $2679.00 Reduced

Hazardous substances 004016602460

General-duty citation text

29 CFR  1910.107(g)(7): "No Smoking" signs. "No smoking" signs in large letters on contrasting color background shall be conspicuously posted at all spraying areas and paint storage rooms.   a) Paint Shop, prep area: On or about December 14, 2022 and continuing thereafter, the painter operated the unit to recycle Value Works general purpose thinner, a Category 2 flammable liquid, therefore flammable vapor-air mixtures could exist during that operation. The area was not posted with "No smoking" signs.  b) Paint Shop, mixing area: On or about December 14, 2022 and continuing thereafter, the painter mixed paints and other coatings and cleaned the spray gun using Value Works general purpose thinner, a Category 2 flammable liquid, therefore flammable vapor-air mixtures could exist during normal operations. The area was not posted with "No smoking" signs.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $5358.00 · Current $3215.00 Reduced

Hazardous substances 0040166024602590

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) Paint Shop: On or about December 14, 2022 and continuing thereafter, employees used hazardous chemicals to prepare and to coat automotive parts as well as for cleaning. Products, including but not limited to Value Works general purpose thinner and DI-WGR Wax and Grease Remover contained hazardous chemicals, including but not limited to acetone, methyl alcohol, toluene and xylene, however the employer did not provide the safety data sheets so that they were readily accessible to employees working in the area.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $5358.00 · Current $3215.00 Reduced

Hazardous substances 0040166024602590

General-duty citation text

29 CFR  1910.1200(h)(1): Employers shall 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) Paint Shop: On or about December 14, 2022 and continuing thereafter, employees used Value Works general purpose thinner and DI-WGR Wax and Grease Remover as well as sanded automotive coatings which contained hazardous chemicals including but not limited to acetone, methyl alcohol, toluene and xylene to clean automotive parts. The employer did not provide the required training and information at the time of initial assignment.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0040166024602590

General-duty citation text

29 CFR  1910.1200(h)(3)(iii): Employee training did not include the measures employees can take to protect themselves from chemical hazards, including specific procedures the employer had implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures and personal protective equipment to be used:   a) Paint Shop: On or about December 14, 2022 and continuing thereafter, employees used Value Works general purpose thinner and DI-WGR Wax and Grease Remover as well as sanded automotive coatings which contained hazardous chemicals including but not limited to acetone, methyl alcohol, toluene and xylene to clean automotive parts. The employer did not provide the required training on work practices to protect employees from fire hazards.

Issued

2023-06-07 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0040166024602590

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION/CONDITION) (DESCRIBE HAZARD)   a) Paint Shop: On or about December 14, 2022, the employer did not provide the annual fit test to employees who were required to wear an 3M model 5300  elastomeric respirators to protect against automotive coatings that were mixed and sprayed. The employees were due for fit tests in September 2022.

Issued

2023-06-07 00:00:00

Abate by

2023-07-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0040166024602590

General-duty citation text

29 CFR  1910.134(k)(5): Respiratory protection retraining was not conducted annually:   a) Paint Shop: On or about December 14, 2022, the employer did not provide retraining to employees who were required to wear a 3M model 5300  elastomeric respirators to protect against automotive coatings that were mixed and sprayed. The employees  last received the training in September 2021.

Issued

2023-06-07 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0040166024602590

General-duty citation text

29 CFR  1910.134(k)(6): The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, in written or oral format to employees who wear respirators when such use was not required by the employer:   a) Paint Shop: On or about December 14, 2022, the employer did not provide training to employees who were permitted to wear 3M model 5300  half face elastomeric respirators to protect against automotive coatings that were sanded. The newer employees had not received training nor were they provided appendix D.