OSHA Inspection: THALHEIMER BROTHERS, LLC

Issued

Jun 30, 2023

Penalty

Initial $10,938 · Current $8,374 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing and effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124: A violation was noted on February 23, 2023, when the employer did not administer a continuing, effective hearing conservation program for employees performing metal recycling activities and exposed to continuous noise levels equivalent to 78.9% and 136.4% of the allowable 50% dose for an 8 hour time-weighted average (TWA). Violation noted on February 23, 2023  Violation noted on February 23, 2023

Issued

Jun 30, 2023

Penalty

Initial $10,938 · Current $8,374 Reduced

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(g)(2): The employer required respirator use for protection against chromium (VI); however, the employer did not institute a respiratory protection program in accordance with the Respiratory Protection standard, 29 CFR 1910.134, which covers each employee required to use a respirator:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124, Torching area: The employer did not develop and implement a written respiratory protection program including fit testing and training for employees required to wear half face respirators such as Honeywell 7700 Series with combination cartridge (Organic Vapors, Acid Gas, and P100 Filter), while performing torching activities. An employee, performing the torch burning of stainless steel scrap was exposed to 8-hour Time Weighted Average (TWA) of 0.0055 milligrams per cubic meter of airborne chromium (VI), which is above the OSHA Permissible Exposure Limit (PEL) of 0.005 milligrams per cubic meter.  Violation noted on February 23, 2023

Issued

Jun 30, 2023

Penalty

Initial $0 · Current $0

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) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124, Torching area: On or about January 4, 2023, the employer did not develop and implement a written respiratory protection program that complied with all of the provisions of 1910.134(c)(i)-(ix) for employees required to wear half face respirators such as Honeywell 7700 Series with combination cartridge (Organic Vapors, Acid Gas, and P100 Filter), while performing torching activities.

Issued

Jun 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124, Torching area: On or about January 4, 2023, the employer did not fit test one employee required to wear half face respirators such as Honeywell 7700 Series with combination cartridge (Organic Vapors, Acid Gas, and P100 Filter), while performing torching activities.

Issued

Jun 30, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k):The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124, Torching area: On or about January 4, 2023, the employer did not ensure that employees required to use half face respirator such as Honeywell 7700 Series with combination cartridge (Organic Vapors, Acid Gas, and P100 Filter) received annual respiratory training

Issued

Jun 30, 2023

Abate by

Aug 17, 2023

Penalty

Initial $7,813 · Current $5,500 Reduced

Hazardous substances 0260

General-duty citation text

29 CFR  1910.1018(e)(2):Initial monitoring was not performed for each workplace, or work operation covered by 29 CFR 1910.1018 to accurately determine the airborne concentration of inorganic arsenic to which employees may be exposed:  (a)Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA: The employer did not conduct an initial monitoring to determine the exposure of each work operation in areas where employees are exposed to inorganic arsenic.  Condition noted on or about April 25, 2023

Issued

Jun 30, 2023

Abate by

Jul 27, 2023

Penalty

Initial $7,813 · Current $5,500 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124, The employer did not conduct an initial monitoring to determine if employees are exposed to lead above the action level while working with scrap metal containing lead.   Condition noted on or about February 23, 2023

Issued

Jun 30, 2023

Abate by

Apr 1, 2024

Penalty

Initial $0 · Current $8,374

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(c): Employees were exposed to an airborne concentration of chromium (VI) which exceeded 5 micrograms per cubic meter of air, as an 8-hour timeweighted average.  29 CFR 1910.1026(f)(1)(i): The employer shall use engineering and work practice controls to reduce and maintain employee exposure to chromium (VI) to or below the PEL unless the employer can demonstrate that such controls are not feasible. Wherever feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall use them to reduce employee exposure to the lowest levels achievable.  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA - Torching area: While performing torching activities, one employee was exposed to 0.0055 milligrams per cubic meter of airborne chromium (VI), which is above the OSHA Permissible Exposure Limit (PEL) of 0.005 milligrams per cubic meter. The employer did not ensure feasible engineering controls were implemented to reduce employee exposure to the lowest levels achievable.   Violation noted on February 23, 2023.

Issued

Jun 30, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(d)(1):  The employer with a workplace or work operation covered by this standard did not determine the 8-hour time-weighted average exposure for each employee exposed to chromium (VI):  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA: The employer did not determine the 8-hour time-weighted average exposure for each employee exposed to chromium (VI). An employee, performing the torch burning of stainless steel scrap was exposed to 8-hour Time Weighted Average (TWA) of 0.0055 milligrams per cubic meter of airborne chromium (VI), which is above the OSHA Permissible Exposure Limit (PEL) of 0.005 milligrams per cubic meter.   Violation noted on February 23, 2023

Issued

Jun 30, 2023

Abate by

Nov 30, 2023

Penalty

Initial $10,938 · Current $0 Reduced

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(e)(1):The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of chromium (VI) was, or could reasonably be expected to be, in excess of the permissible exposure limit:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA - Torching area: The employer did not establish a regulated area where an employee was exposed to an airborne concentration of chromium (VI) in excess of the OSHA Permissible exposure limit (PEL) of 0.005 milligrams per cubic meter of air, calculated as an 8-hour time-weighted average (TWA).   Violation noted on February 23, 2023.

Issued

Jun 30, 2023

Abate by

Dec 21, 2023

Penalty

Initial $10,938 · Current $0 Reduced

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(k)(2)(ii): The employer did not provide a medical examination annually for affected employees under medical surveillance for chromium (VI) exposures:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA-Torching area: The employer did not provide a medical examination annually for employees required to receive medical surveillance for chromium (VI) exposures of 0.0055 milligrams per cubic meter of airborne Chromium (VI) as an 8-hour Time Weighted Average (TWA), which is above the OSHA Permissible Exposure Limit (PEL) of 0.005 milligrams per cubic meter. An employee was performing the torch burning of stainless steel scrap during the overexposure.   Violation noted on February 23, 2023

Issued

Jun 30, 2023

Abate by

Dec 21, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(k)(3)(i): The employer did not provide a medical examination for chromium (VI) that included a medical and work history, with emphasis on:  past, present, and anticipated future exposure to chromium (VI); any history of respiratory system dysfunction; any history of asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status and history:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA-Torching area: The employer did not provide a medical examination for chromium (VI) that included a medical and work history, any history of asthma, dermatitis, skin ulceration, or nasal septum perforation; and smoking status for employees conducting torch burning of stainless steel scrap and exposed to chromium (VI) to 0.0055 milligrams per cubic meter of airborne Chromium (VI) as an 8-hour Time Weighted Average (TWA), which is above the OSHA Permissible Exposure Limit (PEL).  Violation noted on February 23, 2023

Issued

Jun 30, 2023

Penalty

Initial $10,938 · Current $8,375 Reduced

Hazardous substances 026006891591

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) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124:  On or about January 4, 2023, a written Hazard Communication Program was not provided where employees are exposed to chemicals during scrap metal recycling activities, including but not limited to the following:    -Metals such as, but not limited to Aluminum, Nickel, Copper, Beryllium, Chromium contained in  Nickel Scrap -Metals such as, but not limited to Aluminum, Copper, Nickel, Tungsten contained in Stainless Steel Scrap -Metals such as, but not limited to Aluminum, Copper, Lead, Cadmium, Beryllium, Arsenic  contained in Copper Scrap -Metals such as, but not limited to Aluminum, Copper, Lead, Arsenic, Nickel  contained in Brass Scrap -Nitric Acid  -Silver Nitrate

Issued

Jun 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 026006891591

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) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124:  On or about January 4, 2023, the employer did not provide hazardous chemical training for employees engaged in scrap metal recycling activities. Employees are exposed to chemicals, including but not limited to the following:    -Metals such as, but not limited to Aluminum, Nickel, Copper, Beryllium, Chromium contained in  Nickel Scrap -Metals such as, but not limited to Aluminum, Copper, Nickel, Tungsten contained in Stainless Steel Scrap -Metals such as, but not limited to Aluminum, Copper, Lead, Cadmium, Beryllium, Arsenic  contained in Copper Scrap -Metals such as, but not limited to Aluminum, Copper, Lead, Arsenic, Nickel  contained in Brass Scrap -Nitric Acid  -Silver Nitrate

Issued

Jun 30, 2023

Abate by

Nov 30, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(l)(2)(i): The employer did not ensure that each employee can demonstrate knowledge of the content of this section, and the purpose and description of the medical surveillance program required by paragraph (k) of this section:  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA-Torching area: On or about January 4, 2023, the employer did not provide the torchers with training and or information and ensure that employees were knowledgeable of the content of this section and the purpose and description of the medical surveillance program required by paragraph (k) of this section.

Issued

Jun 30, 2023

Abate by

Oct 31, 2023

Penalty

Initial $877 · Current $877

General-duty citation text

29 CFR  1910.132(d)(2): The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.  a) Thalheimer Brothers, LLC located at 700 East Godfrey Avenue Philadelphia, PA 19124: On or about January  4, 2023, the employer did not verify that the required workplace hazard assessment has been performed through a written certification which included:  the identity of the workplace evaluated,  the person certifying that the evaluation had been performed,  and the date the hazard assessment was done for employees performing metal recycling activities and exposed to hazardous chemicals and physical hazards such as but not limited to noise,  lead, chromium VI, and arsenic.