OSHA Inspection: ULTIUM CELLS LLC

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification which included the requirements as outlined in 29 CFR 1910.132(d)(2):  On or about April 24, 2023, the employer did not verify that the required workplace hazard assessment had been performed through a written certification when PPE assessments provided to OSHA and posted in the facility did not identify the workplace evaluated, the person certifying that the evaluation had been performed, and the dates of the hazard assessment.

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.132(f)(1):The employer did not provide training to each employee who is required by this section to use personal protective equipment:  On or about April 24, 2023, the employer failed to provide to each employee required to use personal protective equipment training to know when PPE is necessary, what PPE is necessary, how to properly don, doff, adjust, and wear PPE, the limitations of the PPE, and the proper care, maintenance, useful life and disposal of the PPE when employees were not sure of when gloves were required, which gloves offered appropriate protection for hazards present, how often a Tychem/Tyvek suit should be replaced, how to utilize gloves appropriately, or the limitations of provided PPE.

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  On or about April 24, 2023, the employer failed to ensure that each container of hazardous chemicals in the workplace was labeled with product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical when bags of Lucan BT1003M stored in the warehouse area of the facility were labeled with a piece of paper that stated "CNT Hazard Material". No GHS labels, pictograms, or hazard statements were present on the material.

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(g)(11): Safety data sheets were not made readily available, upon request, to designated representatives, the Assistant Secretary, and the Director, in accordance with the requirements of 29 CFR 1910.1020(e):  On or about April 24, 2023, the employer failed to provide upon request to OSHA safety data sheets for chemicals used in the cathode mixing department. Upon request for a list of chemicals used in cathode mixing, the company provided a list of 40 chemicals. Upon request for "Safety data sheets for chemicals used in cathode mixing", the company responded with a list of 21 chemicals, and 15 safety data sheets.

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(h)(2)(iii): The employer did not provide information to the employees as to the location and availability of the written hazard communication program, and material safety data sheets required by 29 CFR 1910.1200:   On or about April 24, 2023, the employer failed to provide information to employees as to the location and availability of safety data sheets, when employees were not informed of means of accessing the safety data sheets when the QR code did not work in their work areas.

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $15,625 · Current $0 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. On or about April 24, 2023, the employer did not train employees of the physical and health hazards of the chemicals in the work area when employees exposed to electrolyte had not been trained on the inhalation hazards associated with the chemicals and were not trained on the long-term health effects of exposure to the chemicals.  b. On or about April 24, 2023, the employer did not train employees of the physical and health hazards of the chemicals in the work area when facilities maintenance employees exposed to chemicals including, but not limited to, electrolyte, coating material (anode and cathode slurry), N-Methylpyrrolidone (NMP), and carbon nanotube had not been trained on the health hazards associated with the chemicals in their work area.

Issued

Oct 3, 2023

Abate by

Nov 21, 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:   1. On or about April 24, 2023, the employer did not train employees on the measures employees can take to protect themselves from chemical hazards when employees exposed to electrolyte and dried coating material (slurry) were unfamiliar with personal protective equipment they could use to protect themselves from inhalation hazards relate to exposure.  2.  On or about April 24, 2023, the employer did not train employees on the measures employees can take to protect themselves from chemical hazards when facilities maintenance employees exposed to chemicals including, but not limited to, electrolyte, coating material (anode and cathode slurry), N-Methylpyrrolidone (NMP), and carbon nanotube, were not familiar with the chemicals present in their work area, or the personal protective equipment they could use to protect themselves from hazards related to exposure.

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $6,696 · Current $0 Reduced

General-duty citation text

29 CFR  1904.35(b)(1)(iii)(B): The employer failed to inform each employee that the employer is prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses:  On or about April 24, 2023, the employer failed to inform each employee that the employer is prohibited from discharging or in any manner discriminating against employees for reporting work-related injuries or illnesses when their training related to reporting injuries did not include this information, and employees failed to report workplace incidents for fear of retaliation.

Issued

Oct 3, 2023

Abate by

Nov 21, 2023

Penalty

Initial $6,696 · Current $0 Reduced

General-duty citation text

29 CFR  1904.35(b)(1)(iv): The employer discriminated or retaliated against the employee for reporting a work-related  injury or illness:  On or about September 14, 2023, an employee was threatened with disciplinary action for reporting a work-related injury and employees failed to report workplace incidents for fear of retaliation.