OSHA Inspection: COATE CONCRETE PRODUCTS INC.

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $3,687 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.134(e)(1): Medical evaluation. Using a respirator may place a physiological burden on employees that varies with the type of respirator worn, the job and workplace conditions in which the respirator is used, and the medical status of the employee. Accordingly, this paragraph specifies the minimum requirements for medical evaluation that employers must implement to determine the employee's ability to use a respirator. General. 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.   a) On or about January 4, 2024, the employer did not provide a medical evaluation for employees who were required by the employer to wear the elastomeric 3M 6000 series half-mask respirator with organic vapor cartridges when painting burial vaults with chemicals including but not limited to Flattening Slurry (AKA vault slurry) and Bronzing Vehicle 300 (AKA Bronzing Liquid).

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): Training and information. This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so. The employer shall ensure that each employee can demonstrate knowledge of at least the following: (i) Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; (ii) What the limitations and capabilities of the respirator are; (iii) How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; (iv) How to inspect, put on and remove, use, and check the seals of the respirator; (v) What the procedures are for maintenance and storage of the respirator; (vi) How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators; and (vii) The general requirements of this section.   a) On or about January 4, 2024, the employer did not ensure respirator training which demonstrated knowledge of (i) through (vii) was provided for employees who were required by the employer to wear the elastomeric 3M 6000 series half-mask respirator with organic vapor cartridges when painting burial vaults with chemicals including but not limited to Flattening Slurry (AKA vault slurry), a carcinogen, and Bronzing Vehicle 300 (AKA Bronzing Liquid).

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $4,610 · Current $0 Reduced

General-duty citation text

29 CFR  1910.132(h)(1): Payment for protective equipment. Except as provided by paragraphs (h)(2) through (h)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, shall be provided by the employer at no cost to employees.  a) On or about December 28, 2023, the employer required employees who were handling rebar and concrete to pay for replacement gloves, in that the employer only paid for a pair at the start of employment.

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $6,452 · Current $4,000 Reduced

General-duty citation text

29 CFR  910.178(a)(4): General requirements. Modifications and additions which affect capacity and safe operation shall not be performed by the customer or user without manufacturers prior written approval. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly.   a) On or about May 6, 2024, the employer modified two fork trucks (Hyster 155XL SN FOO6D02192R and SN F006D06003X), by installing a carrier across the forks of both of the fork trucks which was used to rotate a 10,500 pound septic tank while lifting the septic tank which affected the capacity and safe operation of the fork trucks and was performed without the manufacturers prior written approval.

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $6,452 · Current $0 Reduced

General-duty citation text

29 CFR 1910.178(l)(3): Training program content. Powered industrial truck operators shall receive initial training in the following topics, except in topics which the employer can demonstrate are not applicable to safe operation of the truck in the employer's workplace. (i) Truck-related topics: (G) Fork and attachment adaptation, operation, and use limitations; (H) Vehicle capacity; (I) Vehicle stability; (ii) Workplace-related topics: (B) Composition of loads to be carried and load stability;   a) On or about May 6, 2024, the employer did not ensure that adequate initial training was received for the fork truck operators operating the Hyster 155XL SN FOO6D02192R and SN F006D06003X fork trucks in that the fork truck operators were lifting loads with unapproved attachments, and the loads were under the forks attached to chains, and the loads were rotated, which affected stability and capacity.

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $6,452 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.178(o)(1): Loading. Only stable or safely arranged loads shall be handled. Caution shall be exercised when handling off-center loads which cannot be centered.   a) On or about May 6, 2024, the employer did not ensure that only stable and safely arranged loads were handled, in that two fork trucks (Hyster 155XL SN FOO6D02192R and SN F006D06003X) were being used in tandem to lift and rotate 10,500-pound septic tanks by suspending the under the forks of the two trucks by moveable chains.

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(o)(5): Loading. A load engaging means shall be placed under the load as far as possible; the mast shall be carefully tilted backward to stabilize the load.  a) On or about May 6, 2024, the employer did not ensure a load engaging means was placed under the load and the mast was not tilted backward  to stabilize the load  when lifting the septic tanks with the Hyster 155XL SN FOO6D02192R and SN F006D06003X fork trucks as the 10,500 pound septic tank was lifted under the forks and suspended from two chains and the carrier holding the tank was placed near the end of the tip of the forks.

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $3,687 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1): Employee information and training. 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.   a) On or about January 4, 2024, the employer did not provide training to employees on hazardous chemicals in their work area at the time of the initial assignment. These chemicals include but are not limited to Vault Slurry, a carcinogen, and Phillips Sand and Gravel, a carcinogen due to respirable crystalline silica.

Issued

May 15, 2024

Abate by

Jul 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. The employer shall include in the program the following provisions of this section, as applicable: (iv) Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;   a) On or about January 4, 2024, the employer required the use of  elastomeric 3M 6000 series half-mask respirator with organic vapor cartridges for employees painting burial vaults, however, the employer's written respiratory protection program incorrectly classified this use as voluntary.