OSHA Inspection: D & S MACHINE SERVICE, INC.

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $10,046 · Current $4,000 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(g)(1): The employer shall establish and maintain an audiometric testing program as provided in this paragraph by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:   a) On or about August 9, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, a Welder was exposed to noise at 108.4% (measured on 80 DBA Threshold) of the permissible daily dose as measured over 481 minutes. This dose is equivalent to an 8-hour TWA exposure of 90.5 DBA. The Welder had not received their baseline audiogram within the 18 months of their start date. b) On or about August 9, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, a Welder was exposed to noise at 68.9% (measured on 80 DBA Threshold) of the permissible daily dose as measured over 482 minutes. This dose is equivalent to an 8-hour TWA exposure of 87.2 DBA. The Welder had not received their baseline audiogram within the 17 months of their start date. c) On or about August 9, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, employees included in the employer's Hearing Conservation Program in 2021 have not received audiogram testing since August 23, 2021.

Issued

Aug 21, 2023

Penalty

Initial $6,026 · Current $3,000 Reduced

General-duty citation text

29 CFR  1910.134(c)(2)(ii): Where respirator use is not required: (i) An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in appendix D to this section ("Information for Employees Using Respirators When Not Required Under the Standard"); and (ii) An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in appendix D to this section ("Information for Employees Using Respirators When Not Required Under the Standard"); and (ii) In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks):  On or about March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, the employer had not established and implemented a written program for employees voluntarily using Miller Electric LPR-100 Half Mask Respirators.

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

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 March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, the employer had not provided medical evaluations to employees voluntarily wearing Miller Electric LPR-100 Half Mask Respirators.

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(6): The basic advisory information on respirators, as presented in Appendix D of this section, shall be provided by the employer in any written or oral format, to employees who wear respirators when such use is not required by this section or by the employer:  On or about March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, the employer had not provided training on the contents of Appendix D of this section to employees voluntary using Miller Electric LPR-100 Half Mask Respirators.

Issued

Aug 21, 2023

Penalty

Initial $6,026 · Current $3,000 Reduced

General-duty citation text

29 CFR  1910.252(b)(2)(iii): Protection from arc welding rays. Where the work permits, the welder should be enclosed in an individual booth painted with a finish of low reflectivity such as zinc oxide (an important factor for absorbing ultraviolet radiations) and lamp black, or shall be enclosed with noncombustible screens similarly painted. Booths and screens shall permit circulation of air at floor level. Workers or other persons adjacent to the welding areas shall be protected from the rays by noncombustible or flameproof screens or shields or shall be required to wear appropriate goggles:   a) On or about March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, the glare curtain for the Messer TMC 4500DB Cutting Systems (North Burn Table) located in Building 5 did not enclose the entire circumference of the oxy-acetylene cutting torch. The Burn Table Operator was not wearing eye protection with the appropriate shade tint for torch cutting. Employees passing by could see the cutting arc during operation.  b) On or about March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, the glare curtain for the Messer MPC2000 Cutting Systems (South Burn Table) located in Building 5 did not enclose the entire circumference of the oxy-acetylene cutting torch. The Burn Table Operator was not wearing eye protection with the appropriate shade tint for torch cutting. Employees passing by could see the cutting arc during operation.

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1904.32(b)(6): When do I have to post the annual summary? You must post the summary no later than February 1 of the year following the year covered by the records and keep the posting in place until April 30:  On or about March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, the employer had not posted the 2022 OSHA 300A Annual Summary.

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(q)(7): Industrial trucks shall be examined before being placed in service, and shall not be placed in service if the examination shows any condition adversely affecting the safety of the vehicle. Such examination shall be made at least daily. Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift. Defects when found shall be immediately reported and corrected:  On or about March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, forklifts being used in Building 5 were not inspected on a daily basis or during each shift when used during multiple shifts a day.

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

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 following: (i) A list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and, (ii) The methods the employer will use to inform employees of the hazards of non-routine tasks (for example, the cleaning of reactor vessels), and the hazards associated with chemicals contained in unlabeled pipes in their work areas:   On or about March 1, 2023, at the facility located at 300 Frontier Road, Luxemburg, WI, the employer had not developed a written hazard communication program.