OSHA Inspection: BERK INTERNATIONAL, LLC

Issued

Sep 5, 2023

Abate by

Oct 23, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1910.178(a)(4): Modifications and additions which affect capacity and safe operation of powered industrial truck were performed by the employer without the manufacturer's prior written approval:  a) Production Floor - Employees were permitted to use a Nissan forklift to elevate employees on a work platform attachment and the employer did not obtain the manufacturer's prior written approval, on or about March 4, 2023.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Aug 31, 2023

Abate by

Oct 6, 2023

Penalty

Initial $10,938 · Current $10,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that caused or were likely to cause death or serious physical harm in that employees were exposed to combustible dust explosion, deflagration, or other fire hazards accumulations of combustible paper dust:  a) Work Floor, Production Lines - The employer failed to ensure that surfaces were cleaned in a manner that minimized the risk of generating a fire or explosion hazard. Employees used compressed air to blow down combustible tissue paper dust accumulations from elevated surfaces including, but not limited to, structural steel, horizontal runs of round piping, and overhead electrical equipment and light fixtures, on or about March 4, 2023.  b) Work Floor, Production Lines - The employer failed to ensure that the frequency of housekeeping maintained combustible tissue paper dust accumulations at a safe level. Substantial amounts of combustible tissue paper dust had accumulated on elevated horizontal surfaces including but not limited to, structural steel, runs of round piping, and overhead electrical equipment and light fixtures, exposing employees to fire and deflagration hazards, on or about April 5, 2023.  c) Work Floor, Production Lines - The employer failed to conduct a Dust Hazard Analysis (DHA) to identify and document the equipment and areas of the facility where dust fire and explosion hazards exist, on or about March 4, 2023.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Aug 31, 2023

Abate by

Oct 6, 2023

Penalty

Initial $6,250 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  a) Work Floor, Production Lines - On or about March 4, 2023, employees performing housekeeping tasks were required by management to don an elastomeric half-mask respirator and the employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Aug 31, 2023

Abate by

Oct 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:   a) Work Floor, Production Lines - On or about March 4, 2023, a medical evaluation was not provided to employees required to wear elastomeric half-mask respirators while performing housekeeping tasks.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Aug 31, 2023

Abate by

Oct 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):   a) Work Floor, Production Lines - On or about March 4, 2023, a respirator fit testing was not provided to employees required to wear elastomeric half-mask respirators while performing housekeeping tasks.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Aug 31, 2023

Abate by

Oct 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k): The employer did not provide comprehensive, understandable, and effective annual training to employees who were required to use respirators.    a) Work Floor, Production Lines - On or about March 4, 2023, employees did not receive comprehensive, understandable, and effective training to safely use elastomeric half-mask respirators while performing housekeeping tasks.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Aug 31, 2023

Abate by

Oct 6, 2023

Penalty

Initial $9,376 · Current $4,000 Reduced

General-duty citation text

29 CFR  1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:   a) Work Floor, Production Lines - Employees were exposed to fire and explosion hazards without having been trained on the physical and health hazards of the combustible dust in their work area, on or about March 4, 2023.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Aug 31, 2023

Abate by

Oct 6, 2023

Penalty

Initial $0 · Current $0

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) Work Floor, Production Lines - Employees were exposed to fire and explosion hazards without having been informed of the measures they could take to protect themselves from combustible dust hazards, on or about March 4, 2023.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Aug 31, 2023

Abate by

Sep 27, 2023

Penalty

Initial $1,562 · Current $1,000 Reduced

General-duty citation text

29 CFR  1904.32(b)(6): The annual summary was not posted between February 1 of the year following the year covered by the records and kept in place until April 30 at the work site:   a) 400 E. 2nd Street, Boyertown, PA - On or about April 5, 2023, the employer did not post the OSHA 300 annual summary or an equivalent for work-related injuries and illnesses which occurred during calendar year 2022.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.