OSHA Inspection: TM INDUSTRIES, LLC

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,283 Reduced

General-duty citation text

29 CFR  1910.22(a)(3): Walking-working surfaces were not maintained free of hazards such as sharp or protruding objects, loose boards and general slip or trip hazards:   (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure the walking-working surface was free from trip and fall hazards in the framing department due to numerous temporary 240V and 110V electrical cords on the floor in the framing department. This condition exposed employees to tripping and falling hazard associated with electrical cords in the walkways.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,283 Reduced

General-duty citation text

29 CFR 1910.28(b)(11)(ii): The employer did not ensure that each flight of stairs having at least 3 treads and at least 4 risers was equipped with stair rail systems and handrails as described in 29 CFR 1910.28 Table D-2-Stairway Handrail Requirements:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure that employees were protected from fall hazards involving stairs used to gain access to the framing tables located in the framing department. The stairs had three treads and four risers and were not equipped with at least one handrail on the open side. This condition exposed employees to a fall hazards associated with the use of the stairs.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.29(b)(1): The employer did not ensure that  guardrail systems met the requirement that the top edge height of top rails, or equivalent guardrail system members, that are 42 inches (107 cm), plus or minus 3 inches (8 cm), above the walking-working surface. The top edge height may exceed 45 inches (114 cm), provided the guardrail system meets all other criteria of paragraph (b) of this section:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure a top rail was installed to the guardrail system that was at least 42 inches from the working surface on the mezzanine or second level area in that only one guardrail measuring 30 inches was installed.  This condition exposed employees to a fall hazard of eight feet.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,283 Reduced

General-duty citation text

29 CFR  1910.37(b)(2): Each exit was not clearly visible and marked by a sign reading "Exit":  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure an exit door on the east  side of the manufacturing facility was marked as an exit. This condition exposed the employees to the hazards associated with fire and smoke and prompt evacuation through designated exits due to a fire.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR  1910.132(d)(1)(i): The employer did not select and have each affected employee use, the types of personal protective equipment that would protect the affected employee(s) from the hazards identified in the hazard assessment:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure the use of appropriate personal protective equipment when applying a two-part glue that included the use of Xylene and Methyl Ethyl Ketone ("MEK") to clean the glue spray gun applicating equipment. Employees used 3M half-mask, negative pressure air-purifying respirators and non-chemical resistant gloves while handling the glue and cleaning chemicals to create walls, floors, and ceilings for recreational vehicles.  This condition exposed the employees to chemical hazards.

Issued

Apr 18, 2024

Abate by

Jun 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR  1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not establish or implement a written respiratory protection program whenever respirators were required by the employer in that, the employer required the use of 3M half-mask, negative pressure air-purifying respirator used during glue spray application activities and cleaning process involving Xylene and Methyl Ethyl Ketone ("MEK"). This condition exposed employees to respiratory hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR  1910.147(c)(7)(i)(B): Each affected employee was not instructed in the purpose and use of the energy control procedure:   (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure employees were trained in the purpose and use of energy control procedures. Employees work with woodworking and metal shearing equipment that involves servicing and maintenance and were not provided instruction involving the use of the purpose and use of the energy control procedures. This condition exposed employees to lacerations hazards, caught-in hazards, and amputation hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR  1910.157(d)(4): The employer did not distribute portable fire extinguishers for use by employees on Class B fires so that the travel distance from the Class B hazard area to any extinguisher is 50 feet (15.2 m) or less:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not provide fire extinguishers for Class 2 flammable (liquids having flashpoints below 73.4 �F) liquids within 50 feet of employees utilizing Xylene and MEK in the cleaning application involving the spray application system used to apply a two-part glue on the floors, walls and roofs in the manufacture of recreation vehicles. This condition exposed employees to hazards associated with fire such as burns and smoke inhalation.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR 1910.169(a)(2)(i):  Air receivers were not constructed in accordance with the 1968 edition of the A.S.M.E. Boiler and Pressure Vessel Code, Section VIII, which is incorporated by reference as specified in 1910.6:   (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure equipment in the form of tubing was rated for the application and use with compressed air systems. Employees were exposed to a struck-by hazard associated with the use of cross-linked polyethylene ("PEX") tubing to transport compressed air to workstations in the framing department. The tubing in the framing area showed distress and was bulging due to over pressurization. The PEX tubing was designed for hot/cold potable water distribution systems and the condition exposed employees to struck-by hazards as a result of the failure of the tubing not being rated for compressed air applications.  Among other methods, feasible and acceptable means of abating the hazard would be to follow manufacturer's guidelines involving Crosslinked Polyethylene "PEX" tubing rated for use in compressed air applications. The only manufactured rated and designated type of PEX tubing used for compressed air systems would be PEX-AL-PEX. This PEX designation is used in commercial systems and in-pressure services on compressed gas and compressed air systems.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $6,452 · Current $3,026 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): The employer did not ensure one or more methods of machine guarding was provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, in-going nip points, rotating parts, flying chips and sparks:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure employees were protected from laceration and amputation hazards by the use of appropriate guarding methods on the Schlebach-Slasher Model # MSS 1250, Serial # 99110040. The automated metal slasher/slitter machine used to cut aluminum was located adjacent to the lamination area had the manufacturer provided fixed guard resting on top of the machine. This condition exposed employees to laceration and amputation hazards.  (b)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure employees were protected from caught-in hazards in that the Wissota bench grinder was not provided with safety guards which covered the wire wheel brush and spindle end and nut flange projections.  This condition exposed the employee to caught-in hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $6,452 · Current $2,226 Reduced

General-duty citation text

29 CFR  1910.213(d)(1): Circular handfed crosscut table saw(s) were not guarded by an automatically adjusting hood which completely enclosed that portion of the saw above the table and above the material being cut:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the Powermatic Houdaille 10" table saw in the trailer assembly area was not guarded by an automatically adjusting hood.  This condition exposed the employees to an amputation hazard.  (b)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the Delta 10" table saw located on the mezzanine or second floor cabinetry department was not guarded by an automatically adjusting hood.  This condition exposed the employees to an amputation hazard.

Issued

Apr 18, 2024

Abate by

Jun 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.213(c)(1): Circular handfed ripsaw was not guarded by an automatically adjusting hood which completely enclosed that portion of the saw above the table and above the material being cut:   (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023 , the employer did not ensure that each employee was protected from amputation hazards regarding the point of operation of the Powermatic SLR12 Rip Saw 12 inch circular blade.  The hood opening did not completely enclose the blade on the infeed of the saw. The opening was 3.75 inches in height, with the saw blade or point of operation was 10.75 inches from the vertical opening of the machine. The distance the sawblade was set back only allowed for a maximum of a 1.25-inch opening. This condition exposed employees to amputation hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.213(i)(1): Non-working portion(s) of the blade of bandsaw(s) were not enclosed or guarded:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure appropriate guarding methods on the Rockwell Model 14 vertical bandsaw. The vertical bandsaw was not equipped with an extensible guard and had three inches of the unused portion of the blade exposed. The bandsaw is used to cut notches in one-half inch wood stock for drawers to be installed in RV's.  This condition exposed employees to lacerations and amputation hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.213(n)(1): Metal guards covering the cutting heads, and saw if used, were not provided on the Powermatic 18" Planer:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023 , the employer did not ensure adequate guarding on the the point of operation of the Powermatic 18" Planer Model #180. The hood guard opening on the infeed side was one inch in height with the cutting blade seven inches from the vertical plane of the planer hood. The outfeed guard housing was damaged and did not enclose the cutting head blade and measured four inches in height and nine inches from the cutting head and provided exposure on the outfeed side of the machine. The distance the sawblade was set back only allowed for a maximum of a 7/8-inch opening. This condition exposed employees to amputation hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $3,687 · Current $1,544 Reduced

General-duty citation text

29 CFR  1910.219(d)(1): Pulleys with parts seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified in 29 CFR 1910.219(m) and (o):  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure the belt and pulley system powering an air compressor located on the production floor was guarded. This condition exposed the employees to fractures and amputation hazards.  (b)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure the belt and pulley system powering the Rockwell Model 14 vertical band saw, Model #LE6728 on the production floor was guarded in that the door to the belt box was open and not able to be effectively closed. This condition exposed the employees to fractures and amputation hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR  1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i.:   (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure that compressed air used for cleaning was reduced to less than 30 psi.  Multiple pneumatic air nozzles in the framing department used to clean wood dust off workers did not have pressure regulation or chip guarding. The air nozzles were not equipped with a diffuser that would reduce the pressure to 30 psi or less. This condition exposed employees to pulmonary embolism.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR  1910.303(b)(1): Electrical equipment was not free from recognized hazards that were likely to cause death or serious physical harm to employees:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure  that electrical equipment was free from recognized hazards involving an underhung hoist pendant within the lamination room in that the cord insulation pulled back from a pendant with approximately two inches of inner conductors exposed. This condition exposed employees to electrical shock and burns.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.305(a)(2)(x):  Flexible cords and cables were not protected from accidental damage, as might be caused, for example, by sharp corners, projections, and doorways or other pinch points:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure branch circuits located on two wooden tables in the Framing department  in the form of nonmetallic (NM) sheathed electrical flexible electrical cables (Romex) and connected to duplex outlets used to power a fan, pedestal grinder, and electrical hand tools were protected from accidental damage. This condition exposed employees to electrical shock and burn hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(b)(1)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure that unused openings (knockouts) on the two-gang receptable with an on/off switch for lighting underneath the mezzanine or second level was effectively closed.  This condition exposed employees to burn and shock hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:   (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure the 240V Altendorf F45 ELMO cross cut saw was being powered by a flexible cable (extension cord) located on the floor and plugged into an outlet. This condition exposed the employee to burns and electrical shock hazards.  (b)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure the Powermatic Houdaille crosscut table saw, located near the entrance to the production floor, was being powered by a flexible cable (extension cord) located on the floor and plugged into an outlet. This condition exposed the cord to damage and employee to electrical burns shock hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $3,687 · Current $1,844 Reduced

General-duty citation text

29 CFR  1910.307(c)(1): Equipment and associated wiring approved as intrinsically safe is permitted in any hazardous (classified) location for which it is approved:  (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure electrical outlets were intrinsically safe and permitted for Class 1 Division 2 locations. The employer utilized Methyl Ethyl Ketone (MEK) which is a Class 1B flammable (liquids having flashpoints below 73.4 �F (23 �C) to clean the manual spray glue application gun system. The electrical installations included a four-gang duplex outlet in close proximity to the cleaning operation and use of the flammable liquids and was not designed to be intrinsically safe electrical equipment for flammable environments.  This condition exposed employees to fire and explosion hazards.

Issued

Apr 18, 2024

Abate by

May 20, 2024

Penalty

Initial $2,765 · Current $1,383 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and maintain a written hazard communication program which at least described 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, and which also included a hazardous chemicals list and methods used to inform employees of the hazards of non-routine tasks:      (a)TM Industries, LLC at 24211 412th Avenue, Artesian, SD 57314: On or about and at times prior to December 13, 2023, the employer did not ensure that  a written hazard communication program was develop and implemented, which at least described how the criteria specified for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also included a hazardous chemicals list and methods used to inform employees of the hazards of non-routine tasks, had not been developed for employee exposures, such as but not limited to the following chemicals:      (1)     Xylene;   (2)     Two part glue;  (3)     Isopropyl Alcohol;  (4)     Propane  (5)     Methyl Ethyl Ketone (MEK)    Abatement Note:  The written hazard communication program will also include:   (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,  (2) The methods the employer will use to inform employees of the hazards of non-routine tasks.  (3) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.