OSHA Inspection: SIERRA PACIFIC INDUSTRIES

Issued

May 5, 2023

Abate by

Jun 5, 2023

Penalty

Initial $13,394 · Current $9,376 Reduced

Hazardous substances 90009135

General-duty citation text

29 CFR  1910.94(a)(5)(iv):For employees who use respirators required by this section, the employer must implement a respiratory protection program in accordance with 29 CFR 1910.134.  On or about and at times prior to February 22, 2023, at the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not implement a respiratory protection program where respirators were necessary to protect the health of each employee who used a powered air-purifying respirator (PAPR) (3M Versaflo TR-600) during spray painting operations, exposing employees to the hazards associated with inhalation of hazardous chemicals and inadequate physical/physiological capability.

Issued

May 5, 2023

Abate by

Jun 5, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 90009135

General-duty citation text

29 CFR  1910.134(c)(1):In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable.  On or about and at times prior to February 22, 2023, at the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not establish and implement a written respiratory program where respirators were necessary to protect the health of each employee who used a powered air-purifying respirator (PAPR) (3M Versaflo TR-600) during spray painting operations, exposing employees to the hazards associated with contact with hazardous chemicals and inadequate physical/physiological capability.  All provisions of 29 CFR 1910.134 (c)(1)(i) through (c)(1)(ix) must be contained in a written respiratory protection program and implemented, as applicable. Key elements include, but are not limited to the following:  1) Medical evaluations of employees required to use respirators 2) Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators 3) Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations 4) Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance

Issued

May 5, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 90009135

General-duty citation text

29 CFR  1910.134(c)(4): The employer shall provide respirators, training, and medical evaluations at no cost to the employee.  On or about and at times prior to February 22, 2023, at the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not provide respirators (3M Versaflo TR-600) and associated filters (3M Versaflo TR-6710N) at no cost to each employee that voluntarily wore respirators (3M Versaflo TR-600) when they were necessary to protect the health of each employee.

Issued

May 5, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 90009135

General-duty citation text

29 CFR  1910.134(e)(1):General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  On or about and at times prior to February 22, 2023, at the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not provide medical evaluations to determine each employee's ability to use a PAPR (3M Versaflo TR-600) during spray painting operations, exposing employees to the hazards associated inadequate physical/physiological capability.

Issued

May 5, 2023

Abate by

Jun 5, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 90009135

General-duty citation text

29 CFR  1910.134(k): Training and information. This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.  On or about and at times prior to February 22, 2023, at the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not provide training to each employee that was voluntarily wearing respirators (3M Versaflo TR-600) when they were necessary to protect the health of each employee while spray painting in a spray booth, exposing employees to the hazards associated with contact with hazardous chemicals.  All provisions of 29 CFR 1910.134(k)(1) through (k)(6) shall be provided to employees wearing respirators. Key elements include, but are not limited to the following:  1) Reason for respirators use 2) Respirator limitations and capabilities 3) Effective respirator inspection and use 4) Procedures for maintenance, care and storage of respirators 5) Recognition of signs/symptoms that may limit respirator use

Issued

May 5, 2023

Penalty

Initial $6,696 · Current $4,687 Reduced

General-duty citation text

29 CFR  1910.107(b)(10): When spraying areas are illuminated through glass panels or other transparent materials, only fixed lighting units shall be used as a source of illumination. Panels shall effectively isolate the spraying area from the area in which the lighting unit is located, and shall be of a noncombustible material of such a nature or so protected that breakage will be unlikely. Panels shall be so arranged that normal accumulations of residue on the exposed surface of the panel will not be raised to a dangerous temperature by radiation or conduction from the source of illumination.  At the establishment located at 1815 Water Street, Merrill, Wisconsin; in Vinyl Paint Department, the employer did not ensure that the fixed lights in the spray booth (Twin Flow Air System, Model TF3ESN, SN 022107) were protected from breakage and that panels effectively isolated the spraying area from the area in which the light unit was located, exposing employees to fire hazards while using flammable stain. Three panels covering fixed lighting were cracked or broken.

Issued

May 5, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 90009135

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.  At the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not certify that a workplace hazard assessment at the Vinyl Paint Department had been performed through a written certification that identified the workplace evaluated; the person certifying that the evaluation had been performed; and the date(s) of the hazard assessment. Employees were required to wear PPE, such as, but not limited to safety glasses and earplugs when exposed to hazards, such as but not limited to struck by flying debris and excessive noise.

Issued

May 5, 2023

Abate by

Jun 5, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(1): The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2) or the scheduled monitoring option in paragraph (d)(3) of this section.  At the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not assess employee exposure to respirable crystalline silica while employees were painting in the spray booth with chemicals crystalline silica, such as but not limited to Black Premium Sash Primer and White Premium Sash Primer, exposing employees to the hazards associated with respirable crystalline silica.

Issued

May 5, 2023

Abate by

Jun 5, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(f)(6): 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 with either: (i) The information specified under paragraphs (f)(1)(i) through (v) of this section for labels on shipped containers; or, (ii) Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.  On or about February 22, 2023, at the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, the employer did not ensure that one container of espresso stain was labeled, tagged, or marked with the identity and/or hazards of its contents, exposing employees to chemical hazards. The container did not display a visible label with the product identifier, signal word, hazard statement(s), pictogram(s), and precautionary statement as described in the written hazard communication program.

Issued

May 5, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(f)(9): The employer shall not remove or deface existing labels on incoming containers of hazardous chemicals, unless the container is immediately marked with the required information.  On or about February 22, 2023, at the establishment located at 1815 Water Street, Merrill, Wisconsin; in the Vinyl Paint Department, two containers of D200 Exterior Water Based Coating had stickers partially covering existing labels, exposing employees to chemicals hazards in the following instances:  a) One container of D200 Exterior Water Based Coating (4182 Colonial Red) had a sticker covering the signal word and partially covering the hazard statements b) One container of D200 Exterior Water Based Coating (2274 Battleship Gray 321) had a sticker covering the signal word and partially covering the hazard statements and precautionary statements