OSHA Inspection: FLEETGENIUS, LLC

Issued

Jul 17, 2023

Abate by

Aug 29, 2023

Penalty

Initial $13,394 · Current $7,000 Reduced

Hazardous substances 0435

General-duty citation text

29 CFR 1910.134(c): The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:  a) Container Painting Area - On or about 4/18/2023, employees were required by the employer to wear filtering facepiece  N95  respirators while spray painting refuse containers.  The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use including selection, medical evaluation, fit-testing, training, and inspection.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0435

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:  Note:  The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  a) Container Painting Area - On or about 4/18/2023, employees were required by the employer to wear filtering facepiece  N95  respirators while spray painting refuse containers.  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.   ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0435

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  a)  Container Painting Area - On or about 4/18/2023, employees were required by the employer to wear filtering facepiece  N95  respirators while spray painting refuse containers.  Employee(s) were not fit tested prior to initial use of the respirator.   ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0435

General-duty citation text

29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:  a) Container Painting Area - On or about 4/18/2023, employees were required by the employer to wear filtering facepiece  N95  respirators while spray painting refuse containers.   Training was not provided prior to requiring employees to use a respirator in the workplace.   Employer shall ensure each employee can demonstrate knowledge of at least the following:        * Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator;        * What the limitations and capabilities of the respirator are;        * How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;        * How to inspect, put on and remove, use, and check the seals of the respirator;        * What the procedures are for maintenance and storage of the respirator;         * How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and the general requirements of this section.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Jul 25, 2023

Penalty

Initial $6,696 · Current $1,800 Reduced

General-duty citation text

29 CFR 1910.252(b)(2)(iii): Workers and other persons adjacent to the welding area were not protected from the rays by noncombustible or flameproof screens or shields:  a) Welding/Cutting Area - On or about 4/26/23, workers and other persons who work in welding/cutting area were not protected from MIG welding rays by screens or shields.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Jul 25, 2023

Penalty

Initial $8,929 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.253(b)(1)(iii): Compressed gas cylinders were not equipped with connections complying with the American National Standard Compressed Gas Cylinder Valve Outlet and Inlet Connections, ANSI B57.1-1965:  a) Welding/Cutting Area - On or about 4/26/23, the regulator on the carbon dioxide cylinder being used for MIG welding was broken and did not measure the psi being supplied to the welding machine.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Jul 25, 2023

Penalty

Initial $8,929 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.253(b)(2)(ii): Assigned storage spaces for cylinders were not located where cylinders could not be knocked over or damaged by passing or falling objects, or subject to tampering by unauthorized persons:  a) Storage Area - On or about 4/26/23, 2 oxygen cylinders and 5 carbon dioxide cylinders were exposed to fork truck traffic and not secured to prevent them from being knocked over.  Reference: Compressed Gas Association Pamphlet P-1-1965 - Section 3.3.8.   ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Jul 25, 2023

Penalty

Initial $11,162 · Current $6,000 Reduced

General-duty citation text

29 CFR  1910.253(b)(4)(iii): Oxygen cylinders in storage were not separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fire-resistance rating of at least one-half hour:  a) Storage Area - On or about 4/26/23, oxygen and acetylene compressed gas cylinders were being stored together in lieu of being separated by a minimum distance of 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least one-half hour.  b) Storage Area - On or about 4/26/23, oxygen and propane cylinders were being stored together in lieu of being separated by a minimum distance of 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least one-half hour.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Oct 16, 2023

Penalty

Initial $13,394 · Current $7,000 Reduced

Hazardous substances 043504611660

General-duty citation text

29 CFR  1910.1000(d)(2)(i): An employee was exposed to 2-butoxyethanol, methyl alcohol, and sec-butyl alcohol, listed in the Z tables in excess of the cumulative exposure limit:  a) Container Painting Area - On or about 4/26/23, a painter was exposed to 2-butoxyethanol, methyl alcohol, and sec-butyl alcohol in excess of the cumulative exposure limit. The employee was exposed to 31 ppm of 2-butoxyethanol, 7.6 ppm of methyl alcohol, and 76 ppm of sec-butyl alcohol during the 132 minute sampling period on 4/26/23.  A zero exposure was assumed for the 348 minutes not sampled.  (31/50 + 7.6/200 + 76/150) = 1.17  In case of a mixture of air contaminants the equivalent exposure is calculated as follows:   Em=(C1�L1+C2�L2)+. . .(Cn�Ln)  Where:  Em is the equivalent exposure for the mixture. C is the concentration of a particular contaminant. L is the exposure limit for that substance specified in Subpart Z of 29 CFR Part 1910.  The value of Em shall not exceed unity (1).   The Em for the cumulative exposure to 2-butoxyethanol, methyl alcohol, and sec-butyl alcohol was 1.17  ABATEMENT DOCUMENTATION REQUIRED

Issued

Jul 17, 2023

Abate by

Oct 16, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):  a) Container Painting Area - On or about 4/26/23, a painter was exposed to 2-butoxyethanol, methyl alcohol, and sec-butyl alcohol in excess of the cumulative exposure limit. The employee was exposed to 31 ppm of 2-butoxyethanol, 7.6 ppm of methyl alcohol, and 76 ppm of sec-butyl alcohol during the 132 minute sampling period on 4/26/23.  A zero exposure was assumed for the 348 minutes not sampled.  (31/50 + 7.6/200 + 76/150) = 1.17  The employer did not implement administrative or engineering controls in order to maintain employee exposure limits below the requires limits.  ABATEMENT DOCUMENTATION REQUIRED

Issued

Jul 17, 2023

Abate by

Aug 17, 2023

Penalty

Initial $8,929 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  a) Throughout facility - On or about 4/26/23, the employer did not develop and implement a written hazard communication program for employee who work with materials such as, but not limited to Casella Blue Premium Aqua Enamel (containing 2-butoxyethanol, methyl alcohol, and sec-butyl alcohol, Spray Nine Heavy Duty Cleaner and Degreaser (containing dipropylene glycol monbutyl ether, and ethoxylated alcohols) and welding fumes (including iron and manganese).   A written program should include descriptions of how the criteria for:  1)    Labeling and other forms of warning, 2)    Safety Data Sheets AND 3)    Employee information and training will be met.  Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non-routine tasks and the informing of contractors of workplace hazards must also be addressed.  The written program must be made available upon request.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced into their work area.   a) Throughout facility - On or about 4/26/23, employees who work with materials such as, but not limited to Casella Blue Premium Aqua Enamel (containing 2-butoxyethanol, methyl alcohol, and sec-butyl alcohol, Spray Nine Heavy Duty Cleaner and Degreaser (containing dipropylene glycol monbutyl ether, and ethoxylated alcohols) and welding fumes (including iron and manganese) were not provided with information and training on the hazardous materials that they work with.  Employees shall be informed of the following:  1) The requirements of this section; 2) Any operations where hazardous chemicals are present; AND 3) The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals, and Safety      Data Sheets.  Employee training shall include at least:  1) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the      work area. 2) The physical and health hazards of the chemicals in the work area. 3) The measures employees can take to protect themselves such as specific procedures, appropriate work practices,     emergency procedures and personal protective equipment to be used. 4) The details of the employers Hazard Communication Program including an explanation of labeling systems, Safety      Data Sheets, and how employees can obtain and use the appropriate hazard information.  ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8):  The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical:  a) Container Painting Area - On or about 4/26/23, the employer did not maintain safety data sheets for materials such as, but not limited to Casella Blue Premium Aqua Enamel, and Spray Nine Heavy-Duty Cleaner Degreaser.  NO ABATEMENT CERTIFICATION REQUIRED

Issued

Jul 17, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.252(c)(1)(iv):The employer did not include the potentially hazardous materials employed in fluxes, coatings, coverings, and filler metals, all of which are potentially used in welding and cutting, in the program established to comply with Hazard Communication Standard (HCS) (sec. 1910.1200):  a) Throughout facility - On or about 4/18/23, employees performing MIG welding, and potentially exposed to copper, iron, manganese, nickel and zinc were not provided with training on the hazards of the materials they are exposed to while performing these operations.  ABATEMENT CERTIFICATION REQUIRED