OSHA Inspection: SWIATEK STUDIOS INC.

Issued

Sep 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $3,572 · Current $1,800 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  a) Facility, 9670 Main Street, Clarence, NY - On or about and prior to 9/07/2023, and ongoing, employees wore elastomeric 3M 6200 1/2 face respirator air-purifying, with 3M 60923 Organic Vapor/Acid Gas Cartridge while soldering lead bar on the stained-glass windows.  The employee was not provided with a medical evaluation to determine the employee's ability to use a respirator, prior to using the respirator.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:   a) Facility, 9670 Main Street, Clarence, NY - On or about and prior to 9/07/2023, and ongoing, employees wore elastomeric 3M 6200 1/2 face respirator air-purifying, with 3M 60923 Organic Vapor/Acid Gas Cartridge while soldering lead bar on the stained-glass windows.  The employees were not fit tested prior to initial use of the respirator.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):   a) Plant - On or about and prior to July 30, 2021, employees required and provided with elastomeric 3M 6200 1/2 face respirator air-purifying, with 3M 60923 Organic Vapor/Acid Gas Cartridge while soldering lead bar on the stained-glass windows.  The employer did not provide information and training to employees who worn respirator.  The employer shall ensure that each employee can demonstrate knowledge of at least the following:      1.   Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator;      2.   What the limitations and capabilities of the respirator are;      3.   How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;      4.   How to inspect, put on and remove, use, and check the seals of the respirator;      5.   What the procedures are for maintenance and storage of the respirator'      6.   How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; AND      7.   The general requirements of this section.   ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Penalty

Initial $2,678 · Current $1,400 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level:   a) Facility, 9670 Main Street, Clarence, NY - On or about and prior to 9/07/2023, and ongoing, employees soldering lead bar on the stained-glass windows.  The employer did not determine the 8-hour time-weighted average exposure for each employee exposed to Lead at or above the action level.   NO ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1025(l)(1)(i): Employee(s) working in an area where there is potential exposure to airborne lead at any level were not informed of the content of Appendices A and B of 29 CFR 1910.1025:   a) Facility, 9670 Main Street, Clarence, NY - On or about and prior to 9/07/2023, and ongoing, employees soldering lead bar on the stained-glass windows.   Employee(s) working in the facility were not informed of the content of Appendices A and B of 29 CFR 1910.1025.  ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $3,572 · Current $1,800 Reduced

Hazardous substances 1591

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) Facility, 9670 Main Street, Clarence, NY - On or about 9/07/2023, and ongoing, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program.  Employees in the facility use chemicals such as but not limited to Lead Metal, Miracle Mudd, and Hakko, which contains Butyl Acrylate, and Methyl Methacrylate.  A written program should include descriptions of how the criteria for:  1.   Labeling and other forms of warning;  2.   Safety Data Sheets such as but not limited to; AND  3.   Employee information and training will be met.    Additionally, a list of hazardous chemicals known to be present in the workplace must be compiled.  Methods used to inform employees of the hazards associated with non routine tasks and the informing of contractors of workplace hazard must also be addressed.  The written program must be made available upon request.    ABATEMENT CERTIFICATION REQUIRED

Issued

Sep 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 1591

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) Facility, 9670 Main Street, Clarence, NY - On or about 9/07/2023, and ongoing, employees working with materials such as, but not limited to Lead Metal, Miracle Mudd, and Hakko, which contains Butyl Acrylate, and Methyl Methacrylate, were not provided with information and training on the hazardous materials that they work with.      Employee information shall include at least:       1.   The requirements of this section:       2.   Any operations where hazardous chemicals are present; AND       3.   The location and availability of the written Hazard Communication Program, list(s) of hazardous chemicals and              Safety Data Sheets.         Employee training shall include at least:         1.   Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area.       2.   The physical and health hazards of the chemicals in the work area.       3.   The measures employees can take to protect themselves such as specific procedures, appropriate work practices, emergency procedures and personal protective equipment to be used.       4.   The details of the employers Hazard Communication Program including an explanation of labeling systems, Safety Data Sheets and how employees can obtain and use the appropriate hazard information.    ABATEMENT CERTIFICATION REQUIRED