OSHA Inspection: LEGEND SMELTING AND RECYCLING LLC.

Issued

Sep 14, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(2)(i):An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in Appendix D to this section ("Information for Employees Using Respirators When Not Required Under the Standard"); and  a. On or before July 18, 2023, the employer did not ensure that each employee who was provided a half mask respirator for voluntary use was provided the information contained in Appendix D.

Issued

Sep 14, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(2)(ii): In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).   a. On or before July 18, 2023, the employer did not ensure that each employee who was provided a half mask respirator for voluntary use was provided with a medical evaluation.

Issued

Sep 14, 2023

Abate by

Oct 19, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1026(d)(2)(i): The employer shall perform initial monitoring to determine the 8-hour TWA exposure for each employee on the basis of a sufficient number of personal breathing zone air samples to accurately characterize full shift exposure on each shift, for each job classification, in each work area. Where an employer does representative sampling instead of sampling all employees in order to meet this requirement, the employer shall sample the employee(s) expected to have the highest chromium (VI) exposures.  a. On or before July 18, 2023, the employer did not conduct air monitoring to determine Plasma Cutter employee exposures to hexavalent chromium.