OSHA Inspection: ENS TRUCK REPAIR INC

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $4688.00 · Current $2344.00 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.132(d)(1): The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE);  Select and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;  Communicate selection decisions to each affected employee; and, Select PPE that properly fits each affected employee.  (a)  On or about January 25, 2023, the employer had not completed a hazard assessment of the workplace and did not follow the steps listed in 1910.132(d)(1)(i) through 1910.132(d)(1)(iii) to protect employees from the  hazards of using a gas powered pressure washer in a permit required confined space in the basement pit below Bay 1, where employees and day laborers were exposed to carbon monoxide, such as but not limited to the provision of appropriate hearing protection, eye protection, hand protection, and foot protection.

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $4688.00 · Current $2344.00 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.146(c)(1): The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces.  NOTE: Proper application of the decision flow chart in Appendix A to section 1910.146 would facilitate compliance with this requirement.  (a)  On or about January 25, 2023, the employer had not evaluated the workplace to determine if the basement pit below Bay 1 of the facility that measured 50 feet long by 50 feet wide by 12 feet deep, was a permit-required confined space prior to assigning employees and day laborers to do work in the pit utilizing a gas powered pressure washer.   Employees and day laborers were exposed to carbon monoxide generated by the pressure washer.

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0560C730

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 January 25, 2023, the employer did not post  danger signs (or other equally effective means) to mark the basement pit located below Bay 1 of the facility as a permit-required confined space due to the addition of a gas powered pressure washer that created a carbon monoxide hazard.

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.146(c)(4): If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with this section. The written program shall be available for inspection by employees and their authorized representatives.  (a)  On or about January 25, 2023, the employer did not develop and implement a written permit required space program prior to instructing employees and day laborers to enter the basement pit below Bay 1 of the facility, which met the definition of a permit-required confined space when a gas powered pressure washer was lowered into the pit and operated for cleaning.

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0560C730

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.   1910.146(g)(2):  Training shall be provided to each affected employee: 1910.146(g)(2)(i):  Before the employee is first assigned duties under this section; 1910.146(g)(2)(ii):  Before there is a change in assigned duties; 1910.146(g)(2)(iii):  Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained; 1910.146(g)(2)(iv):  Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by paragraph (d)(3) of this section or that there are inadequacies in the employee's knowledge or use of these procedures. 1910.146(g)(3):  The training shall establish employee proficiency in the duties required by this section and shall introduce new or revised procedures, as necessary, for compliance with this section. 1910.146(g)(4):  The employer shall certify that the training required by paragraphs (g)(1) through (g)(3) of this section has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of training. The certification shall be available for inspection by employees and their authorized representatives.  (a)  On or about January 25, 2023, the employer had not provided confined space training as required by 1910.146(g)(1) through (g)(4) for employees and day laborers who entered the basement pit below bay 1 of the facility  to clean with a gas powered pressure washer.

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $4688.00 · Current $2344.00 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.242(a): General requirements. Each employer shall be responsible for the safe condition of tools and equipment used by employees, including tools and equipment which may be furnished by employees.   (a)  On or about January 25, 2023, the employer did not ensure the DeWalt DXPW4035 (4000 PSI 3.5 GPM) pressure washer was in safe operating condition in that carbon monoxide fumes from the gas powered pressure washer exposed employees to over 100 PPM.  This was last observed January 30, 2023 when sampled outside the facility in open atmosphere with levels between 50 and 100 PPM.

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $4688.00 · Current $2344.00 Reduced

Hazardous substances 0560C730

General-duty citation text

29 CFR  1910.1200(e)(1):  Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the requirements of 1910.1200(e)(1)(i) and (e)(1)(ii).  (a)  On or about January 25, 2023, the employer had not developed, implemented, or maintained a written hazard communication program for the workplace which included container labels, safety data sheets (SDSs), employee information and training, a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet, and the methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of a permit required confined space using a gas powered pressure washer), and the hazards associated with chemicals contained in unlabeled pipes in their work areas.

Issued

2023-06-23 00:00:00

Abate by

2023-08-10 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0560C730

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)  On or about January 25, 2023, the employer did not train the day laborers who were hired to clean the basement pit on the hazards (carbon monoxide poisoning) of operating a gas powered pressure washer in a confined space.  (b)  On or about January 25, 2023, the employer did not train their employees on the hazards (carbon monoxide poisoning) of operating a gas powered pressure washer in a confined space when two day laborers were hired to clean the basement pit.

Issued

2023-06-23 00:00:00

Abate by

2023-07-06 00:00:00

Penalty

Initial $376.00 · Current $188.00 Reduced

Hazardous substances 0560

General-duty citation text

29 CFR  1903.2(a)(1):  Each employer shall post and keep posted a notice or notices, to be furnished by the Occupational Safety and Health Administration, U.S. Department of Labor, informing employees of the protections and obligations provided for in the Act, and that for assistance and information, including copies of the Act and of specific safety and health standards, employees should contact the employer or the nearest office of the Department of Labor. Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material.  (a)  On  or about January 26, 2023 the employer did not have the required Department of Labor posters displayed in the workplace.  (b) On or about January 30, 2032, the  employer did not have the required Department of Labor posters displayed in the workplace.