OSHA Inspection: BATES METAL PRODUCTS INC

Issued

Sep 5, 2023

Abate by

Nov 13, 2023

Penalty

Initial $9,376 · Current $5,626 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(c)(1): The employer shall administer a continuing, effective hearing conservation program, as described in paragraphs (c) through (o) of this section, whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 85 decibels measured on the A scale (slow response) or, equivalently, a dose of fifty percent. For purposes of the hearing conservation program, employee noise exposures shall be computed in accordance with appendix A and Table G-16a, and without regard to any attenuation provided by the use of personal protective equipment.   a. The employer did not develop and implement a hearing conservation program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 72.89% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 87.7 dBA during the 453 minute sampling period. Time weighted average includes a zero increment for the 27 minutes not sampled.  b. The employer did not develop and implement a hearing conservation program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 99.18% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 89.94 dBA during the 459 minute sampling period. Time weighted average includes a zero increment for the 21 minutes not sampled.

Issued

Sep 5, 2023

Abate by

Nov 13, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(d)(1): When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program.   a. The employer did not develop and implement a noise monitoring program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 72.89% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 87.7 dBA during the 453 minute sampling period. Time weighted average includes a zero increment for the 27 minutes not sampled.  b. The employer did not develop and implement a noise monitoring program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 99.18% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 89.94 dBA during the 459 minute sampling period. Time weighted average includes a zero increment for the 21 minutes not sampled.

Issued

Sep 5, 2023

Abate by

Nov 13, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(g)(1): The employer shall establish and maintain an audiometric testing program as provided in this paragraph by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels.   a. The employer did not develop and implement an audiometric testing program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 72.89% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 87.7 dBA during the 453 minute sampling period. Time weighted average includes a zero increment for the 27 minutes not sampled.  b. The employer did not develop and implement an audiometric testing program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 99.18% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 89.94 dBA during the 459 minute sampling period. Time weighted average includes a zero increment for the 21 minutes not sampled.

Issued

Sep 5, 2023

Abate by

Nov 13, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(k)(1): The employer shall train each employee who is exposed to noise at or above an 8-hour time weighted average of 85 decibels in accordance with the requirements of this section. The employer shall institute a training program and ensure employee participation in the program.   a. The employer did not develop and implement a noise training program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 72.89% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 87.7 dBA during the 453 minute sampling period. Time weighted average includes a zero increment for the 27 minutes not sampled.  b. The employer did not develop and implement a noise training program for employees working in the powder coating painting area. A Painter employee was exposed to continuous noise at 99.18% on July 11, 2023, which exceeded the action limit (AL) of 50%, an 8-hour TWA (time weighted average) sound level of 85 dBA. The employee's 8-hour TWA sound level was approximately 89.94 dBA during the 459 minute sampling period. Time weighted average includes a zero increment for the 21 minutes not sampled.

Issued

Sep 5, 2023

Abate by

Nov 13, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1):General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  a. On or before June 15, 2023, the employer did not provide employees who were required to wear respirators with a medical evaluation.

Issued

Sep 5, 2023

Abate by

Nov 13, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(1): The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.   a. On or before June 15, 2023, the employer did not provide employees who were required to wear respirators with a fit test.

Issued

Sep 5, 2023

Abate by

Nov 13, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k): Training and information. This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in Appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so.   a. On or before June 15, 2023, the employer did not provide employees who were required to wear respirators with respiratory protection training.