OSHA Inspection: MARATHON INDUSTRIAL FINISHING LLC

Issued

Apr 5, 2024

Abate by

May 3, 2024

Penalty

Initial $4,056 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.23(b)(9):  The employer must ensure ladders are inspected before initial use in each work shift, and more frequently as necessary, to identify any visible defects that could cause employee injury:  On or about November 21, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer did not ensure that ladders were inspected before initial use in each work shift. Employees utilizing ladders to conduct spray painting in the spray booths did not inspect the ladders to identify any visible defects such as, but not limited to significant accumulations of paint overspray, bent spreaders, and a cracked/damaged side rail.

Issued

Apr 5, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.30(b)(1):  The employer must train each employee on or before May 17, 2017 in the proper care, inspection, storage, and use of equipment covered by this subpart before an employee uses the equipment:  On or about November 21, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer did not train each employee in the proper inspection of equipment covered by this subpart; specifically, portable ladders. Employees utilizing ladders to conduct spray painting in the spray booths were not trained to inspect the ladders to identify any visible defects such as, but not limited to significant accumulations of paint overspray, bent spreaders, and a cracked/damaged side rail.

Issued

Apr 5, 2024

Abate by

May 3, 2024

Penalty

Initial $4,056 · Current $2,000 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 one or more of the following; guardrail systems; safety net systems; or personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems:  On or about the week of November 13, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer did not ensure employees were protected from falls with unprotected sides or edges that were greater than 4 feet above ground level. Conveyor frames sat on wheeled carts; employees installed platform pieces and then walked/worked from those platform pieces to install the rest of the platform. The combined height of the conveyor frame and wheeled cart positioned the platform 5 feet 8 inches above the ground level. Employees were not provided with guardrail systems, safety net systems, or personal fall protection systems while working from the platform.

Issued

Apr 5, 2024

Abate by

May 3, 2024

Penalty

Initial $5,071 · Current $1,000 Reduced

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:  On or about November 21, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer did not ensure a Painter employee used appropriate eye protection when conducting spray painting in the paint booths. A Painter employee was exposed to flying particles while spray painting and wearing prescription glasses which were not safety glasses and did not have side protection.

Issued

Apr 5, 2024

Abate by

May 3, 2024

Penalty

Initial $7,098 · Current $1,000 Reduced

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:  On or about November 13, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer did not ensure a Painter employee had passed an appropriate QLFT or QNFT for a negative pressure tight-fitting half-face respirator before the employee was required to use the respirator during spray painting in the spray booths.

Issued

Apr 5, 2024

Abate by

May 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(5):  The fit test shall be administered using an OSHA-accepted qualitative fit test (QLFT) or quantitative fit test (QNFT) protocol. The OSHA-accepted QLFT and QNFT protocols and procedures are contained in Appendix A of this section:  On or about November 21, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer did not administer QLFT or QNFT protocols when providing fit tests to Painter employees. Appendix A, Part I.A.9. "Fit Testing Procedures - General Requirements", of this section states in part, "The test shall not be conducted if there is any hair growth between the skin and the facepiece sealing surface, such as stubble beard growth, beard, mustache or sideburns which cross the respirator sealing surface." A Painter employee was administered a fit test while having a beard which crossed the respirator sealing surface.

Issued

Apr 5, 2024

Abate by

May 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A):  The employer shall not permit respirators with tight-fitting facepieces to be worn by employees who have facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function:  On or about November 21, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer permitted respirators with tight-fitting facepieces to be worn by employees whose facial hair came between the sealing surface of the facepiece and the face. In the spray booths where respirator use was required by the employer and necessary to protect the health of workers, a Painter employee was observed with facial hair in the form of a beard. The facial hair was observed to be between the employee's face and the sealing surfaces of their respirator.

Issued

Apr 5, 2024

Abate by

May 3, 2024

Penalty

Initial $14,195 · Current $2,000 Reduced

General-duty citation text

29 CFR  1910.134(e)(1):  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:  On or about November 13, 2023, at a facility located at 497 Maratech Avenue in Marathon, WI; the employer did not provide medical evaluations to determine Painter employees' ability to use negative pressure tight-fitting half-face respirators before the employees were required to use the respirators during spray painting in the spray booths.  The Marathon Industrial Finishing LLC was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.134(e)(1), which was contained in OSHA inspection number 1550386, citation number 2, item number 1a and was affirmed as a final order on March 20, 2023, with respect to a workplace located at 497 Maratech Avenue, Marathon, WI 54448.  The Marathon Industrial Finishing LLC was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.134(e)(1), which was contained in OSHA inspection number 1503205, citation number  1, item number 1b and was affirmed as a final order on January 3, 2022, with respect to a workplace located at 497 Maratech Avenue, Marathon, WI 54448.