OSHA Inspection: MERCURY MARINE

Issued

Apr 10, 2023

Penalty

Initial $11,162 · Current $8,333 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A): The employer shall not permit respirators with tight-fitting facepieces to be worn by employees who have facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function.  On or about and at times prior to February 28, 2023, at the establishment located at 660 South Hickory Street, Fond du Lac, Wisconsin; in the Legacy Foundry, the employer did not ensure that the facial hair does not come between the sealing surface of the facepiece and the face of employees required to wear filtering facepiece respirators wile performing tasks, such as but not limited to knockoff within a regulated area, exposing employees to the hazards associated with respirable crystalline silica. The employer required employees to wear respirators while working within a regulated area.

Issued

Apr 10, 2023

Penalty

Initial $15,625 · Current $8,333 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(d)(4): The employer shall reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when the employer has any reason to believe that new or additional exposures at or above the action level have occurred.  On or about and at times prior to October 11, 2022, at the establishment located at 660 South Hickory Street, Fond du Lac, Wisconsin; in the Legacy Foundry, the employer did not reassess employee exposures to respirable crystalline silica while employees were performing tasks, such as but not limited to knockoff and knockout, after changes were made to the control equipment, such as but not limited to make-up air exhaust, in May 2021, which could be reasonably expected to result in new or additional exposures at or above the action level, exposing employees to the hazards associated with respirable crystalline silica. On or about October 12, 2022, employee exposures to respirable crystalline silica in the Legacy Foundry were reassessed by a third-party consultant.   A Legacy Furnace employee was exposed to an 8-hour time-weighted average (TWA) of 52 micrograms per cubic meter (?g/m3) of the respirable crystalline silica, approximately 1.04 times the permissible exposure limit (PEL) of 50 ?g/m3, and approximately 2.08 times the action level (AL) of 25 ?g/m3. The exposure level was collected over a 461-minute sampling period. A Legacy Knockout employee was exposed to an 8-hour TWA of 40 ?g/m3 of respirable crystalline silica, approximately 1.6 times the AL. The exposure level was collected over a 468-minute sampling period. A Legacy Furnace employee was exposed to an 8-hour TWA of 34 ?g/m3 of respirable crystalline silica, approximately 1.36 times the AL. The exposure level was collected over a 450-minute sampling period.

Issued

Apr 10, 2023

Penalty

Initial $15,625 · Current $8,334 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(j)(3)(i): The employer shall ensure that each employee covered by 29 CFR 1910.1053 can demonstrate knowledge and understanding of at least the following: (A) The health hazards associated with exposure to respirable crystalline silica; (B) Specific tasks in the workplace that could result in exposure to respirable crystalline silica; (C) Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used; (D) The contents of 29 CFR 1910.1053; and (E) The purpose and a description of the medical surveillance program required by paragraph (i) of 29 CFR 1910.1053.   On or about and at times prior to February 28, 2023, at the establishment located at 660 South Hickory Street, Fond du Lac, Wisconsin; in the Legacy Foundry, the employer did not ensure that employees exposed to respirable crystalline silica performing tasks, such as but not limited to knockoff within a regulated area, could demonstrate knowledge and understanding on the health hazards associated with exposure to respirable crystalline silica, such as but not limited to lung cancer, silicosis, chronic obstructive pulmonary disease, kidney disease, and autoimmune disease.

Issued

Apr 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1200(h)(3)(ii): Employee training shall include at least the physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area.  On or about and at times prior to February 28, 2023, at the establishment located at 660 South Hickory Street, Fond du Lac, Wisconsin; in the Legacy Foundry, the employer did not effectively train employees working within a regulated area on the health hazards associated with exposure to respirable crystalline silica, such as but not limited to lung cancer, silicosis, chronic obstructive pulmonary disease, kidney disease, and autoimmune disease, while performing tasks within a regulated, such as but not limited to knockoff.

Issued

Apr 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(d)(2)(vi): The employer shall perform additional monitoring when there has been any change in the production process, raw materials, equipment, personnel, work practices, or control methods that may result in new or additional exposures to chromium (VI), or when the employer has any reason to believe that new or additional exposures have occurred.  On or about and at times prior to February 28, 2023, at a establishment located at 660 South Hickory Street, Fond du Lac, Wisconsin; in the Legacy Foundry at the Melt Furnace, the employer did not reassess employee exposures to chromium (VI) while employees were performing tasks, such as but not limited to pouring stainless steel, after changes were made to the control equipment, such as but not limited to make-up air exhaust, in May 2021, which could be reasonably expected to result in new or additional exposures at or above the action level, exposing employees to the hazards associated with chromium (VI). On or about October 12, 2022, employee exposures to respirable crystalline silica in the Legacy Foundry were reassessed by a third-party consultant and found that the changes to the control equipment in May 2021 changed employee exposures respirable crystalline silica, which could be reasonably expected to result in new or additional exposures to chromium (VI) at or above the action level at the nearby Melt Furnace. The employer's most recent sampling for chromium (VI) in the Legacy Foundry was on or about January 10, 2017.

Issued

Apr 10, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(e)(2)(ii):The employer shall post signs at all entrances to regulated areas that bear the legend specified in paragraph (j)(2) of 29 CFR 1910.1053.  On or about and at times prior to February 28, 2023, at the establishment located at 660 South Hickory Street, Fond du Lac, Wisconsin; in the Legacy Foundry, the employer did not ensure that the required hazard warning signs that bear the legend specified in paragraph (j)(2) of 29 CFR 1910.1053 were posted at all entrances to the regulated area, exposing employees to the hazards associated with respirable crystalline silica. The employer had two small signs posted at the back of the regulated area that were illegible at all entrances into the regulated area.