OSHA Inspection: WIOSS EAST LP

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $15625.00 · Current $7031.00 Reduced

General-duty citation text

29 CFR  1910.120(q)(1): Emergency response plan. An emergency response plan shall be developed and implemented to handle anticipated emergencies prior to the commencement of emergency response operations. The plan shall be in writing and available for inspection and copying by employees, their representatives and OSHA personnel. Employers who will evacuate their employees from the danger area when an emergency occurs, and who do not permit any of their employees to assist in handling the emergency, are exempt from the requirements of this paragraph if they provide an emergency action plan in accordance with 29 CFR 1910.38.  a) On or about March 23, 2023 the employer did not ensure that an emergency response plan was in place for Sanitation Workers who were exposed to hazardous chemicals while cleaning spills of Clorox regular bleach (sodium hypochlorite) and The Works Toilet Bowl Cleaner (hydrochloric acid). In addition to the individual hazards posed by these chemicals, employees faced an additional risk due to the potential production of chlorine gas when these substances were mixed.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.120(q)(3)(ii): Procedures for Handling Emergency Response. The individual in charge of the ICS shall identify, to the extent possible, all hazardous substances or conditions present and shall address as appropriate site analysis, use of engineering controls, maximum exposure limits, hazardous substance handling procedures, and use of any new technologies.  a) On or about March 23, 2023 at Depallitizer #1, the employer in charge of the incident command system (ICS)  did not identify the hazardous substances present for the frequent spills that were being caused by the Depallitizers. Furthermore, the employer neglected to conduct a site analysis, establish maximum exposure limits, and implement appropriate procedures for the handling hazardous substances. As a result, Sanitation Workers, during an emergency response to a chemical spill were exposed to hazardous chemicals which include but are not limited to Clorox Bleach (sodium hypochlorite 4.5%) and The Works Toilet Boil Cleaner (hydrochloric acid 5-10%) with the potential for the creation of chlorine gas when these two substances were mixed.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.120(q)(3)(iv): Employees engaged in emergency response and exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard shall wear positive pressure self-contained breathing apparatus while engaged in emergency response, until such time that the individual in charge of the ICS determines through the use of air monitoring that a decreased level of respiratory protection will not result in hazardous exposures to employees.   a) On or about March 23, 2023, the employer failed to ensure that employees who engaged in the emergency response at Depallitizer #1 utilized a positive pressure self-contained breathing apparatus (SCBA). Consequently, the Sanitation Workers who engaged in an emergency response were exposed to Clorox Bleach (4.5% sodium hypochlorite) and The Works Toilet Bowl Cleaner (5-10% hydrochloric acid), which combined and potentially created chlorine gas.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.120(q)(6)(iii): Hazardous materials technician. Hazardous materials technicians are individuals who respond to releases or potential releases for the purpose of stopping the release. They assume a more aggressive role than a first responder at the operations level in that they will approach the point of release in order to plug, patch or otherwise stop the release of a hazardous substance. Hazardous materials technicians shall have received at least 24 hours of training equal to the first responder operations level and in addition have competency in the following areas and the employer shall so certify: (A) Know how to implement the local emergency response plan. (B) Understand classification, identification and verification of known and unknown materials by using advanced survey instruments and equipment. (C) Know of the state emergency response plan. (D) Be able to select and use proper specialized chemical personal protective equipment provided to the hazardous materials specialist. (E) Understand in-depth hazard and risk techniques. (F) Be able to perform specialized control, containment, and/or confinement operations within the capabilities of the resources and personal protective equipment available. (G) Be able to determine and implement decontamination procedures. (H) Have the ability to develop a site safety and control plan. (I) Understand chemical, radiological and toxicological terminology and behavior.    a) On or about March 23, 2023, the employer failed to ensure that the Sanitation Workers, who acted as Hazardous Materials Technicians to respond to a release of Clorox Bleach (4.5% sodium hypochlorite) and The Works Toilet Bowl Cleaner (5-10% hydrochloric acid), at the Depallitizer #1 had received the necessary training required by sections A through I. As a result, the Sanitation Workers were exposed to toxic and corrosive inhalation hazards during their efforts to decontaminate the area.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $15625.00 · Current $7031.00 Reduced

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). If such hazards are present, or likely to be present, the employer shall:  a) On or about March 23, 2023, the employer failed to conduct an adequate hazard assessment of the workplace. As a result, the Sanitation Workers, at Depallitizer #1, were required to clean chemicals from damaged pallets without being provided adequate personal protective equipment (PPE) to protect their eyes, skin, mucous membranes, and lungs from corrosive liquids and toxic inhalants. The exposure to hazardous substances included, but was not limited to, Clorox Bleach (sodium hypochlorite 4.5%), The Works Toilet Bowl Cleaner (hydrochloric acid 5-10%). The chemicals combined with a potential for chlorine gas to form. The hazard was last observed on March 30, 2023.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.132(f)(1): The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following: (i) When PPE is necessary; (ii) What PPE is necessary; (iii) How to properly don, doff, adjust, and wear PPE; (iv) The limitations of the PPE; and, (v) The proper care, maintenance, useful life and disposal of the PPE.  a) On or about March 23, 2023, at Depallitizer #1, the employer failed to provide adequate training on personal protective equipment (PPE) to the Sanitation Workers. The provided PPE, including nitrile gloves and safety glasses, was used for cleaning spills, including spills involving hazardous chemicals such as Clorox Bleach (sodium hypochlorite 4.5%), The Works Toilet Bowl Cleaner (hydrochloric acid 5-10%), and  potential chlorine gas formed when these substances mixed. Employees exposed to this hazard was last observed on March 30, 2023.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $15625.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i): Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section.  a) On or about March 23, 2023, the employer did not develop, document, and utilize procedures to lockout Depallitizer #1. Sanitation Workers preforming cleaning activities   were exposed caught by hazards from moving horizontal chain conveyors, moving parts, and falling product at the suction head. This hazard was last observed to be present on March 30, 2023.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.147(d): Application of control. The established procedures for the application of energy control (the lockout or tagout procedures) shall cover the following elements and actions and shall be done in the following sequence:  (1) Preparation for shutdown. Before an authorized or affected employee turns off a machine or equipment, the authorized employee shall have knowledge of the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy.  (2) Machine or equipment shutdown. The machine or equipment shall be turned off or shut down using the procedures established for the machine or equipment. An orderly shutdown must be utilized to avoid any additional or increased hazard(s) to employees as a result of the equipment stoppage.  (3) Machine or equipment isolation. All energy isolating devices that are needed to control the energy to the machine or equipment shall be physically located and operated in such a manner as to isolate the machine or equipment from the energy source(s).  (4) Lockout or tagout device application.  (4)(i) Lockout or tagout devices shall be affixed to each energy isolating device by authorized employees.  (4)(ii) Lockout devices, where used, shall be affixed in a manner to that will hold the energy isolating devices in a "safe" or "off" position.  (5) Stored energy.  (5)(i) Following the application of lockout or tagout devices to energy isolating devices, all potentially hazardous stored or residual energy shall be relieved, disconnected, restrained, and otherwise rendered safe.  (6) Verification of isolation. Prior to starting work on machines or equipment that have been locked out or tagged out, the authorized employee shall verify that isolation and deenergization of the machine or equipment have been accomplished.   (a) On March 23, 2023, at Depallitizer #1, the employer neglected to ensure the proper application of lockout procedures according to (d)(1) through (d)(6) at the horizontal and vertical conveyors, and the suction head. As a result, Sanitation Workers were not effectively locking out the electrical disconnect point, exposing them to potential, crush injuries, strikes, amputations, and entrapment from, mechanical, and gravitational energy sources. This hazard was last observed to be present on March 30, 2023.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $15625.00 · Current $7031.00 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i): The employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees. The training shall include the following: (A): Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.   a) On or about March 23, 2023 at the bottom of Depallitizer #1, employees including but not limited to Sanitation Workers were not provided training on the recognition of hazardous energy sources and the method and means necessary for locking out, isolating and controlling the energy in that Sanitation Workers were not locking out and isolating the electrical energy when cleaning the Depallitizers including but not limited to Depallitizer #1, exposing employees to struck by, caught in,  and gravity energy hazards. This hazard was last observed to be present on March 30, 2023.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $15625.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1)(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,   a) On or about March 23, 2023 at Depallitizer #1, the employer did not provide a list of hazardous chemicals present for employees including but not limited to Sanitation Workers. These chemicals include but are not limited to Clorox Bleach (4.5% sodium hypochlorite, corrosive skin and eyes) and The Works Toilet Bowl Cleaner (5-10% hydrochloric acid, inhalation hazard). The Sanitation  Workers were exposed to these chemicals while cleaning a chemical spill. This hazard was last observed on March 30, 2023.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)   a) On or about March 23, 2023 at Depallitizer #1, the employer did not maintain accessible copies of safety data sheets for hazardous chemicals present including but not limited to Clorox Bleach (4.5% sodium hypochlorite, corrosive eye and skin hazard) and The Works Toilet Bowl Cleaner (5-10% hydrochloric acid, inhalation hazard) which mixed and formed chlorine gas (inhalation hazard), exposing the Sanitation Workers to corrosive and inhalation hazards when cleaning the spill. This was most recently observed on March 30, 2023.

Issued

2023-06-08 00:00:00

Abate by

2023-07-27 00:00:00

Penalty

Initial $15625.00 · Current $7031.00 Reduced

General-duty citation text

29 CFR  1910.1200(h)(3): Training. Employee training shall include at least: (i) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); (ii) 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; (iii) The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; and, (iv) The details of the hazard communication program developed by the employer, including an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employees can obtain and use the appropriate hazard information.   a) On or about March 23, 2023 at Depallitizer #1, the employer did not train employees, including but not limited to the Sanitation Workers, of methods and observations to detect a hazardous chemicals release, the hazards of the chemicals in the work area, measures to protect themselves such as procedures, personal protective equipment, and emergency procedures, and how to use the information on the safety data sheets for chemicals including but not limited to Clorox Bleach (4.5% sodium hypochlorite, corrosive eye and skin hazard) and The Works Toilet Bowl Cleaner (5-10% hydrochloric acid, inhalation hazard) which mixed and potentially formed chlorine gas (inhalation hazard), exposing the Sanitation Workers to corrosive and inhalation hazards when cleaning the spill. This was most recently observed on May 12, 2023.