OSHA Inspection: MAGRABAR LLC

Issued

Aug 21, 2023

Penalty

Initial $20,092 · Current $16,500 Reduced

Hazardous substances 1290

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:  a) Production Area - On or about March 8, 2023, the employer did not ensure that employees were annually fit tested prior to requiring employees to use a 3M 7500 series half face tight-fitting negative pressure respirators when preparing production batches containing 37% formaldehyde solution.  b) Hazardous Chemical Storage Area (Building 5) - On or about March 8, 2023, the employer did not ensure that employees were annually fit tested prior to requiring employees to use a 3M 7500 series half face tight-fitting negative pressure respirators when responding to an incidental spill, less than five  gallons, of 37% formaldehyde solution.  Magrabar LLC dba Munzing North America LLC,  was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard, 29 CFR 1910.134(f)(2) which was contained in OSHA Inspection Number 1424893, Citation number 1, Item number 1c and was affirmed as a final order on December 19, 2019, with respect to the workplace located at 6100 Madison Ct., Morton Grove, IL 60053.  No abatement certification or documentation is required for this item.

Issued

Aug 21, 2023

Penalty

Initial $10,046 · Current $6,500 Reduced

General-duty citation text

29 CFR 1910.178(l)(4)(iii): An evaluation of each powered industrial truck operator's performance was not being conducted at least once every three years:  a) Facility Wide - On or about March 14, 2023, the employer did not ensure that an evaluation of the operator's knowledge and skill to operate the power industrial vehicles safely was performed every three years for each type of vehicle operated, including  Toyota sit down electric forklifts.  No abatement certification or documentation is required for this item.

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(5): The employer did not evaluate the competency of the operator who had previously received training appropriate to the truck and working conditions encountered.  a) Facility Wide - On or about March 14, 2023, the employer did not evaluate the competency of the forklift operators' previous training to ensure that the vehicle and working conditions were similar prior to operating powered industrial vehicles.  No abatement certification or documentation is required for this item.

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(6): The employer did not certify that each operator has been trained and evaluated as required by this paragraph (l):  a) Facility Wide - On or about March 14, 2023, the employer did not maintain certification records for employees that operate the powered industrial vehicle, including the Toyota sit down electric forklifts.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $10,046 · Current $6,500 Reduced

Hazardous substances 1290

General-duty citation text

29 CFR  1910.1048(h)(1)(i): All contact of the eyes and skin with liquids containing 1 percent or more formaldehyde was not prevented by the use of chemical protective clothing made of material impervious to formaldehyde and the use of other personal protective equipment such as goggles and face shields, as appropriate to the operation:  a) Hazardous Chemical Storage Area (Building 5) - On March 8, 2023, employee's eyes and skin contact with formaldehyde was not prevented by the use of goggles and face shield  when responding to an incidental spill, less than five gallons, of 37% formaldehyde solution.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $10,046 · Current $6,500 Reduced

Hazardous substances 1290

General-duty citation text

29 CFR 1910.1048(j)(2): In work areas where spillage may have occurred, the employer did not make provisions to contain the spill, to decontaminate the work area, and to dispose of the waste:  a) Hazardous Chemical Storage Area (Building 5) - On March 8, 2023, the employer did not make provisions to properly contain an incidental spill, less than five  gallons, of 37%  formaldehyde solution.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1290

General-duty citation text

29 CFR  1910.1048(j)(3): The employer did not ensure that all leaks were repaired and spills were cleaned promptly by employees wearing suitable protective equipment and trained in proper methods for cleanup and decontamination:  a) Hazardous Chemical Storage Area (Building 5) - On March 8, 2023, the employer did not ensure that employees cleaning an incidental spill, less than five gallons, of  37% formaldehyde solution were wearing suitable personal protective equipment and that employees received training in the proper methods to perform the cleanup.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1290

General-duty citation text

29 CFR  1910.1048(k): When there was the possibility of an emergency involving formaldehyde, the employer did not ensure that appropriate procedures were adopted to minimize injury and loss of life and implemented in the event of an emergency:  a) Hazardous Chemical Storage Area (Building 5) - On March 8, 2023, the employer did not ensure that appropriate spill cleanup procedures were adopted and implemented for employees responding to an incidental spill of 37%  formaldehyde solution of less than five gallons.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1290

General-duty citation text

29 CFR  1910.1200(h)(3)(iii): Employee training did not include the measures employees can take to protect themselves from chemical hazards, including specific procedures the employer had implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures and personal protective equipment to be used:  a) Hazardous Chemical Storage Area (Building 5) - On March 8, 2023,  the employer training did not include emergency procedures, such as spill response and clean-up procedures, to employees responding to an incidental spill, less than five gallons, of 37%  formaldehyde solution.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(5): Respiratory protection retraining was not conducted annually:  a) Production Area - On or about March 8, 2023, the employer did not ensure that annual respiratory protection retraining was conducted for employees required to were respiratory protection such as 3M 7500 series half face tight-fitting negative pressure respirators when preparing production batches containing 37% formaldehyde solution.  No abatement certification or documentation is required for this item.

Issued

Aug 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(p)(1): Powered industrial truck(s) found to be in need of repair, defective, or in any way unsafe had not been taken out of service until restored to safe operating condition:   a) Facility Wide - On March 14, 2023, the employer did not remove powered industrial vehicles from service when damage or unsafe conditions were identified. The right front and back tires on the orange Toyota sit down electric forklifts, Model 30-7FBCU30, Serial No. 60222, were in bad condition.  b) Facility Wide - On March 14, 2023, the employer did not remove powered industrial vehicles from service when damage or unsafe conditions were identified. The left back tire on the orange Toyota sit down electric forklifts, Model 30-7FBCU30, Serial No. 60224, was in bad condition.  No abatement certification or documentation is required for this item.

Issued

Aug 21, 2023

Abate by

Sep 15, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(q)(7): Industrial trucks were not examined before being placed in service:  a) Facility Wide - On or about March 8-13, 2023, the employer did not ensure that all powered industrial vehicles, such as Toyota electric forklifts, Model 30-7FBCU30 with worn out tires, were examined prior to being placed into service and removed if an examination identified deficiencies that affected the safety of the vehicle.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).