OSHA Inspection: VALU AUTO LLC

Issued

Dec 6, 2023

Penalty

Initial $6,250 · Current $2,500 Reduced

General-duty citation text

29 CFR  1910.101(b): The in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks were not in accordance with Compressed Gas Association Pamphlet P-1-1965, which is incorporated by reference as specified in CFR 1910.6:  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 05/31/2023 thru 06/15/2023, employer did not ensure that an Oxygen compressed gas cylinder was secured, stored in an area away from heavy moving objects, and stored away from flammable substances such as but not limited to motor oil.  b)Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 05/31/2023 thru 06/15/2023, employer did not ensure that a compress gas cylinder was secured when a non-flammable compress gas cylinder was stuck by an employee while evacuating after a welding explosion.

Issued

Dec 6, 2023

Penalty

Initial $9,376 · Current $3,750 Reduced

General-duty citation text

29 CFR  1910.132(d)(1): The employer did not assess the workplace to determine if hazards were present, or were likely to be present, which necessitated the use of personal protective equipment (PPE).  If such hazards were present, or likely to be present, the employer did not: (i) Select, and have each affected employee use, the types of PPE that would protect the affected employee from the hazards identified in the hazard assessment; (ii) Communicate selection decisions to each affected employee; and (iii) Select PPE that properly fit each affected employee:  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827:  On or about 06/02/2023 thru 11/13/2023 the employer did not assess the workplace to determine if hazards are present or likely to be present which necessitate the use of personal protective equipment.

Issued

Dec 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify that the required work-place hazard assessment (for personal protective equipment) had been performed through a written certification that identified the workplace evaluated; the person certifying that the evaluation was performed; the date(s) of the hazard assessment; and, which identified the document as a certification of hazard assessment:  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827:  On or about 06/02/2023 thru 11/13/2023 the employer did not conduct an effective hazard assessment of the worksite to determine what personal protective equipment was necessary for tasks that employees were required to complete.

Issued

Dec 6, 2023

Abate by

Jan 10, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.252(b)(3):Employees exposed to the hazards created by welding, cutting, or brazing operations were not protected by personal protective equipment in accordance with the requirements of 29 CFR 1910.132:  a)Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 05/31/2023 and continuing the employer did not ensure that employees performing welding and cutting operations were protected by personal protective equipment including but not limited to welding gloves, FR clothing and face shields.

Issued

Dec 6, 2023

Penalty

Initial $7,813 · Current $3,124 Reduced

General-duty citation text

29 CFR  1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l).  Note: Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace.  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827:  On or about 06/02/2023 thru 11/09/2023 the employer did not ensure that each powered industrial truck operator was competent to operate the propane Powered Industrial Truck  # 4667092.

Issued

Dec 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(q)(7): Industrial trucks were not examined before being placed in service and shall not be placed in service if the examination shows any condition adversely affecting the safety of the vehicle. Such examination was not done at least daily.  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 06/02/2023 thru 11/09/2023 the employer did not require operators to perform a daily examination of Powered Industrial Truck # 4667092.

Issued

Dec 6, 2023

Abate by

Jan 25, 2024

Penalty

Initial $10,938 · Current $4,375 Reduced

Hazardous substances D150

General-duty citation text

29 CFR  1910.252(a)(2)(vi)(C): Employer did not prevent cutting or welding in the presence of explosive atmospheres (mixture of flammable gases, vapors, liquids, or dusts with air), or explosive atmospheres that could develop inside uncleaned or improperly prepared tanks or equipment which had previously contained such materials.  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 5/31/2023 and continuing, the employer did not prevent employees from cutting or welding in the presence of explosive atmospheres that could develop inside uncleaned or improperly prepared tanks when an employee was hospitalized due to 3rd degree burn injuries sustained while welding on the diesel fuel tank on the 2003 Mack CH6 company truck #4472.

Issued

Dec 6, 2023

Abate by

Jan 25, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.252(a)(2)(xiii)(C): The employer did not recognize its responsibility for the safe usage of cutting or welding equipment and did not insist that cutters or welders and their supervisors were suitably trained in the safe operation of their equipment.  a)Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 5/31/2023 and continuing, the employer did not ensure employees were trained in the safe usage of cutting or welding equipment and did not insist that cutter or welders were trained in the safe operation of their equipment when a welding employee welded on a diesel tank on 2003 Mack CH6 company truck #4472 and sustained 3rd degree burns.

Issued

Dec 6, 2023

Abate by

Jan 10, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.252(a)(3)(i): Welding, cutting, or other hot work was performed on used drums, barrels, tanks, or other containers that had not been cleaned so thoroughly as to make absolutely certain there were no flammable materials present or any substance.   a)Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 5/31/2023 and continuing, the employer did not prevent employees from cutting or welding on used diesel tanks that had not been cleaned so thoroughly as to make absolutely certain that there are no flammable materials present such as diesel fuel which when subjected to heat, causing an employee hospitalization due to 3rd degree burns.

Issued

Dec 6, 2023

Abate by

Jan 10, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.252(a)(3)(ii): All hollow spaces, cavities, or containers were not vented to permit the escape of air or gases before preheating, cutting, or welding was performed:  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 5/31/2023 and continuing, the employer did not prevent employees from cutting or welding on a used diesel tank that had not been vented to permit the escape of gases before preheating, cutting, or welding was performed, including but not limited to diesel fuel which when subjected to heat, causing and employee hospitalization due to 3rd degree burn injuries.

Issued

Dec 6, 2023

Penalty

Initial $9,376 · Current $3,750 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) Valu Auto, LLC,  113 Southside drive, Owego, NY 13827: On or about 05/31/2023 thru 06/15/2023, the employer did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following: 1) Requirement for labeling and other forms of warning; 2) Safety data sheet availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.  Employee(s) were exposed to hazardous chemicals including but not limited to: Mineral Spirits, Hydrocarbon Resin, Propane, Isobutane, Petroleum Distillates, and Naphthalene.

Issued

Dec 6, 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 and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s).  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 05/31/2023 thru 06/15/2023, employees engaged in vehicle repair and maintenance activities were exposed to hazardous chemicals including but not limited to: Mineral Spirits, Hydrocarbon Resin, Propane, Isobutane, Petroleum Distillates, and Naphthalene. Employer did not maintain copies of the Safety Data Sheets in the workplace.

Issued

Dec 6, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1): Employers did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 05/31/2023 thru 06/15/2023, the employer did not provide employees with effective information and training regarding potential chemical hazards in their work areas.  Employee(s) were working with hazardous chemicals including but not limited to: Mineral Spirts, Hydrocarbon Resin, Propane, Isobutane, Petroleum Distillates, and Naphthalene.

Issued

Dec 6, 2023

Penalty

Initial $1,562 · Current $0 Reduced

General-duty citation text

29 CFR  1904.4(a):The employer did not keep records -OSHA 300 form, Log of Work Related Injuries and Illnesses; 300-A form, Summary or Work-Related Injuries and Illnesses; and 301 form, Injury and Illness Incident Report:  a) Valu Auto, LLC, 113 Southside Drive, Owego, NY 13827: On or about 06/02/2023 thru 11/06/2023, the employer failed to keep OSHA 300 forms, Logs of Work-Related Injuries and Illnesses; 300-A forms, Summary or Work-Related Injuries and Illnesses; and 301 form, Injury and Illness Incident Report.