OSHA Inspection: PERFORMIX NUTRITION SYSTEMS, LLC

Issued

Oct 26, 2023

Abate by

Jan 2, 2024

Penalty

Initial $7,969 · Current $5,578 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) On or about May 11, 2023 and at times prior to, the employer had not developed a written respiratory protection program for the mandatory use of 3M filtering facepiece respirators.

Issued

Oct 26, 2023

Abate by

Nov 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(2)(i):Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:  (a) On or about May 11, 2023 and at times prior to, the employees were not storing 3M filtering facepieces in locations that would keep them clean of dust build-up on the interior surface of the respirator. Masks were seen to be on top of employee's heads and on ledges in the workplace where chemical powder dust was located.

Issued

Oct 26, 2023

Abate by

Nov 22, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k):The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary:  (a) On or about May 11, 2023 and at times prior to, the employer had not developed an effective training program to where employees understood the use and limitations of how to properly wear and store the 3M filtering facepieces that were mandatory to use during weighing and cut-in of powdered chemicals.

Issued

Oct 26, 2023

Abate by

Jan 2, 2024

Penalty

Initial $6,641 · Current $3,984 Reduced

General-duty citation text

29 CFR  1910.151(c):Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  (a) Weighing Area:  On or about May 11, 2023 the eyewash station was located in an area that was not immediate for use in an emergency. This eyewash was located through a door and around the corner from where the weighing process takes place.   (b) Electric powered industrial truck refill area: On or about May 11, 2023 there were no eye or body wash capabilities in the area where water was routinely added to the Toyota electric powered industrial truck, model 7BNCU15, serial number 50693, battery, thus exposing employees to corrosive battery acid splashes that could occur during the process.

Issued

Oct 26, 2023

Abate by

Nov 22, 2023

Penalty

Initial $5,313 · Current $2,657 Reduced

General-duty citation text

29 CFR  1910.178(l)(1)(i):The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  Throughout the facility: On or about May 11, 2023 the employer had not provided training to employees who operate powered industrial trucks on site. Powered Industrial trucks are used to move raw materials and finished product.

Issued

Oct 26, 2023

Abate by

Nov 22, 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):  Throughout the facility: On or about May 11, 2023 the employer had not certified training to employees who operate powered industrial trucks on site. Powered Industrial trucks are used to move raw materials and finished product.

Issued

Oct 26, 2023

Abate by

Nov 22, 2023

Penalty

Initial $0 · Current $5,578

General-duty citation text

29 CFR  1910.1200(h)(1):Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  (a) On or about May 11, 2023 and at time prior to, the employer had not provided training or awareness of chemical hazards for employees exposed to dry/powdered chemicals being used the mixing and cut-in processes.   Note: Abatement certification is required for this item.