OSHA Inspection: NOVA WASH LLC

Issued

Sep 29, 2023

Penalty

Initial $6,250 · Current $4,000 Reduced

General-duty citation text

29 CFR  1910.28(b)(1)(i): (Except as provided elsewhere in this section, the employer must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by guardrail systems, safety net systems, and/or personal fall protection systems:     On or about July 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not ensure each employee accessing the walking-working surfaces atop semi-truck tanker trailers were protected by guardrail systems, safety net systems or personal fall arrest systems. Employees were exposed to falls of great than 4 feet when they had to walk on top of tanker trailers from the ladder access to reach a retractable lanyard anchored to the horizontal beam along the ceiling.

Issued

Sep 29, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.30(a)(1):  Before any employee is exposed to a fall hazard, the employer must provide training for each employee who uses personal fall protection systems or who is required to be trained as specified elsewhere in this subpart:  On or about July 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not provided training for each employee who used a personal fall protection system when accessing the tops of truck trailers.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.140(d)(1)(ii):  The employer must ensure that personal fall arrest systems bring the employee to a complete stop and limit the maximum deceleration distance the employee travels to 3.5 feet (1.1 m):  On or about July 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not ensure that personal fall arrest protection would bring an employee to a complete stop and limit the maximum deceleration distance to 3.5 feet. Employees utilized an energy absorbing lanyard with a retractable lifeline when accessing the tops of tanker trailers. The total travel distance between the two devices would be approximately 7.5 feet before a complete fall arrest occurred.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $6,250 · Current $4,000 Reduced

General-duty citation text

29 CFR  1910.132(d)(1):  The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):  At a facility located at 4315 Transport Way in Weston, WI; the employer did not assess the workplace to determine if hazards were present, or likely to be present when employees were diluting concentrated chemicals and transferring diluted chemicals to secondary containers, including but not limited to, caustic soda and other industrial cleaning chemicals. The employer did not assess if employees could be exposed to splashes during chemical dilution and did not determine if eye/face PPE was necessary to prevent eye and skin injuries.

Issued

Sep 29, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2):  The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment:  At a facility located at 4315 Transport Way in Weston, WI; the employer did not verify that workplace hazard assessments has been performed through written certification when employees were exposed to chemical hazards while conducting tasks including, but not limited to truck tanker trailer washing, concentrated chemical dilution and transferring diluted chemicals to secondary containers.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.133(a)(1):  The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:   At a facility located at 4315 Transport Way in Weston, WI; the employer did not ensure that each affected employee used appropriate eye or face protection when employees were exposed to eye and face hazards from caustic liquids while conducting tasks including, but not limited to diluting concentrated caustic soda and other caustic industrial cleaning chemicals and transferring those diluted chemicals to secondary containers .

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $6,250 · Current $4,000 Reduced

General-duty citation text

29 CFR  1910.146(c)(1):  The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces:  On or about June 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not evaluate if truck tanker trailer confined spaces were permit-required confined spaced when employees were conducting post wash inspections. The employer determined that tanker confined spaces were not permit-required confined spaces despite their potential to have atmospheric hazards from the tanker's pre-wash contents, cleaning chemicals or oxygen depletion/displacement.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(c)(2):  If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:   On or about June 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit space of the truck tanker trailers.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(c)(4):  If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with this section. The written program shall be available for inspection by employees and their authorized representatives:  On or about June 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not implement a written permit space program that complies with this section when the employer decided Tank Washer employees would enter the permit space of truck tanker trailers to conduct inspections and pressure washer cleaning of the interiors of the tankers.  All provisions of 29 CFR 1910.146(d) through (k) must be implemented as part of a permit-required confined space program. Key elements include, but are not limited to: 1) Written Permit-Required Confined Space program 2) Permit system 3) Entry permit 4) Employee training 5) Duties of entrants, attendants, and supervisors 6) Rescue and emergency services

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(g)(1):  The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section:  On or about June 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not provide training so that employees who entered the permit-required confined spaces of truck tanker trailers acquired the understanding, knowledge and skills necessary for the safe entry of the tankers.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(k)(2)(i):  An employer whose employees have been designated to provide permit space rescue and emergency services shall provide affected employees with the personal protective equipment (PPE) needed to conduct permit space rescues safely and train affected employees so they are proficient in the use of that PPE, at no cost to those employees:  On or about June 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not train affected employees so they were proficient in the use of PPE provided for conducting permit space rescues safety.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(2)(iii): An employer whose employees have been designated to provide permit space rescue and emergency services shall train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available:  On or about June 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not train affected employees in basic first aid and CPR. The employer did not ensure at least one person holding a current certification in first aid and CPR was available during truck tanker trailer entries.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(2)(iv):  An employer whose employees have been designated to provide permit space rescue and emergency services shall ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed:  On or about June 12, 2023, at a facility located at 4315 Transport Way in Weston, WI; the employer did not ensure affected employees made practice permit space rescues once every 12 months when employees entered permit-required confined spaces of truck tanker trailers.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(3):  To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant:   At a facility located at 4315 Transport Way in Weston, WI; the employer did not  ensure employees utilized retrieval systems or methods for non-entry retrieval of an entrant in the permit-required confined space of truck tanker trailers when employees entered and conducted cleaning the permit spaces on or about April 13, 2023, April 17, 2020, May 1, 2023 and June 12, 2023.

Issued

Sep 29, 2023

Penalty

Initial $6,250 · Current $4,000 Reduced

General-duty citation text

29 CFR  1910.151(c):  Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use:  At a facility located at 4315 Transport Way in Weston, WI; suitable facilities for quick drenching of flushing of the eyes and body were not provided withing the work area for immediate emergency use when employees were working with caustic chemicals such as, but not limited to drying agents, caustic soda, aluminum brightener, power wash detergent.

Issued

Sep 29, 2023

Penalty

Initial $6,250 · Current $4,000 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1):  Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met:  At a facility located at 4315 Transport Way in Weston, WI; the employer did not develop and implement a written hazard communication program when employees were working with hazardous chemicals in their work areas including, but not limited to drying agents, caustic soda, aluminum brightener, power wash detergent, and other industrial cleaning chemicals.  All provisions of 29 CFR 1910.1200(e) through (h) must be contained in a written hazard communication program. Key elements include, but are not limited to the following:  1) Complete list of hazardous chemicals 2) Methods to inform employees of non-routine task hazards 3) Completed collection of SDS 4) Container labeling 5) Employee information and training

Issued

Sep 29, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(f)(6)(ii): The employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked 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, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  At a facility located at 4315 Transport Way in Weston, WI; the employer did not ensure secondary containers of hazardous chemicals in the workplace were labeled, tagged or marked with both the product identifier and hazards warnings when employees were working with hazardous chemicals in their work areas including, but not limited to drying agents, caustic soda, aluminum brightener, power wash detergent, and other industrial cleaning chemicals.

Issued

Sep 29, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(g)(1):  Chemical manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers shall have a safety data sheet in the workplace for each hazardous chemical which they use:  At a facility located at 4315 Transport Way in Weston, WI; the employer did not have safety data sheets in the workplace for each hazardous chemical which they used when employees were working with hazardous chemicals in their work areas including, but not limited to drying agents, caustic soda, aluminum brightener, power wash detergent, and other industrial cleaning chemicals.

Issued

Sep 29, 2023

Penalty

Initial $6,250 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(h)(1):  Employers shall 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:  At a facility located at 4315 Transport Way in Weston, WI; the employer did not provide employees with effective information and training on the hazardous chemicals in their work areas. Employees were not provided information and training on the requirements of the hazard communication program, operations where hazardous chemicals were present, location and availability of SDS, the physical/health hazards of the chemicals they worked with, the methods employees could use to detect the presence of hazardous chemicals, nor the measures or procedures they could use to protect themselves from exposure.  Employees were working with hazardous chemicals in their work areas including, but not limited to drying agents, caustic soda, aluminum brightener, power wash detergent, and other industrial cleaning chemicals.

Issued

Sep 29, 2023

Abate by

Oct 30, 2023

Penalty

Initial $62,504 · Current $30,000 Reduced

General-duty citation text

29 CFR  1910.146(e)(1):  Before entry is authorized, the employer shall document the completion of measures required by paragraph (d)(3) of this section by preparing an entry permit:   At a facility located at 4315 Transport Way in Weston, WI:   a) On or about June 12, 2023, the employer did not document the completion of measures required by paragraph (d)(3) of this section by preparing entry permits when employees entered truck tanker trailers to conduct inspections.  b) On or about April 13, 2023, April 17, 2023, and May 1, 2023, the employer signed Confined Space Food Grade Entry Permits. The employer did not conduct pre-entry air testing and did not utilize the available air monitoring equipment (QRAE 3 4-gas meter) to evaluate for % oxygen, % LEL, carbon monoxide and hydrogen sulfide for those three entries. Yet the employer documented pre-entry air testing had been conducted prior to employees entering the truck tanker trailers.  c) On or about April 13, 2023, April 17, 2023, and May 1, 2023, the employer signed Confined Space Food Grade Entry Permits. The employer did not utilize the available mechanical ventilation (Air System International CVF-8AC fan), did not utilize the available non-entry rescue equipment (Ultra Safe US-HRA65 retractable lifeline) and did not document the completion of measures required by paragraph (d)(3) of this section prior to employees entering the truck tanker trailers.