OSHA Inspection: US TANK PAINTING, INC.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $8,067 · Current $6,300 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) Pinewald Aqua water tower: The employer did not develop and implement a  written respiratory protection program specific for the respirators used and the hazards of the worksite  for employees that wore respiratory protection while sandblasting and spray painting the interior and exterior of the Pinewald water tower, including, but not limited to RPB Nova 3 air blasting hoods and 3M full face respirator with 6001 organic vapor cartridges, on or about 1/17/24.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k):The employer did not provide comprehensive, understandable training which occurred annually and/or more often if necessary:    a) Pinewald Aqua water tower: The employer did not provide respiratory protection training to employees required to wear RPB Nova 3 air blasting hoods and 3M full face respirator with 6001 organic vapor cartridges while sandblasting and spray painting the interior and exterior of the Pinewald water tower, on or about 1/17/24.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(i)(7):Oil lubricated compressor(s) used to supply breathing air did not have a high-temperature or carbon monoxide alarm(s) or both:    a) Pinewald Aqua water tower inside of outdoor containment area: A gas detection system to monitor carbon monoxide levels was not installed on the filtration unit providing compressed air to the RPB Nova 3 air blasting hoods from the Atlas Copco XAS 1800 JD air compressor for employees sandblasting within the containment area, on or about 4/9/24.     NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $0 · Current $8,750

General-duty citation text

29 CFR  1926.1153(i)(1):The employer did not include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200):    a) Pinewald Aqua water tower:  The employer did not incorporate crystalline silica into their written hazard communication program or provide training to employees on the hazards of crystalline silica.  Employees spray painted the interior and exterior of the 1.5 million gallon Pinewald water tower using Perma Clean 100 Epoxy Part A product code A-4165 that contained 5-10% microcrystalline silica, on or about 1/17/24.    NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $8,067 · Current $6,300 Reduced

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: (Construction Reference: 1926.59):  a) Pinewald Aqua water tower:  The employer did not provide training to employees at the of the initial assignment on the hazardous chemicals used  when sandblasting and spray painting the interior and exterior of the water tower, including, but not limited to, Amasteel, several Induron chemicals, including, Ceramaprime Ceramic Epoxy Part A H-7480 (class 2 flammable, carcinogen) , Ceramaprime LV Ceramic Epoxy Part B Q1482,  K-1034 HAPS Free Epoxy Reducer (class 2 flammable), Perma Clean 100 Epoxy Part A  A-4165 Ceramaprime LV Epoxy Primer Part B Q-1481 (class 2 flammable, carcinogen), Perma Clean 100 Epoxy Activator Q-4165 (carcinogen)  and  PE70 & RC70 Epoxy Aquawhite Part A A-1870 (class 2 flammable, carcinogen), and methyl ethyl ketone (class 2 flammable) and xylene (class 3 flammable). On or about 1/17/24.   NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $11,292 · Current $8,750 Reduced

General-duty citation text

29 CFR  1926.52(b): Where employees were subjected to sound levels exceeding those listed in Table D-2 of this section, feasible administrative or engineering controls were not utilized. When such controls failed to reduce sound levels within the levels of the table, personal protective equipment as required in subpart E, was not provided and used to reduce sound levels within the levels of the table.    a) Pinewald Aqua water tower inside and outside of the tarpaulin containment area: The employee who was sandblasting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit). The employee's dosimeter dBA level was 1518.7% of the permissible level (90 dBA) and was equivalent to approximately 109.6 dBA. The sampling was performed for 480 minutes during one shift on 4/9/24.  The employer did not utilize any administrative or engineering controls to reduce noise.  The employer provided PPE that had a NRR of 26. This PPE was not cable of reducing the employee's noise exposure to below the limits in Table D-2.   b) Pinewald Aqua water tower inside and outside of the  tarpaulin containment area: The employee who was sandblasting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit). The employee's dosimeter dBA level was 2786.3% of the permissible level (90 dBA) and was equivalent to approximately 114 dBA. The sampling was performed for 480 minutes during one shift on 4/9/24.  The employer did not utilize any administrative or engineering controls to reduce noise.  The employer provided PPE that had a NRR of 26. This PPE was not cable of reducing the employee's noise exposure to below the limits in Table D-2.   c) Pinewald Aqua water tower inside and outside of the tarpaulin containment area: The employee who was sandblasting was exposed to continuous noise levels in excess of the allowable 8-hour time-weighted average sound level (Permissible Exposure Limit). The employee's dosimeter dBA level was 3674.7% of the permissible level (90 dBA) and was equivalent to approximately 115.9 dBA. The sampling was performed for 480 minutes during one shift on 4/9/24.   The employer did not utilize any administrative or engineering controls to reduce noise.  The employer provided PPE that had a NRR of 26. This PPE was not cable of reducing the employee's noise exposure to below the limits in Table D-2.      NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $11,292 · Current $13,150

General-duty citation text

29 CFR  1926.1204(d)(1):The employer did not provide testing and monitoring equipment needed to comply with paragraph (e) of this section:  a)Pinewald Aqua water tower: The employer did not provide equipment to continuously test and monitor the atmospheric conditions, including but not limited to, oxygen and hydrogen sulfide levels, within the Pinewald water tower after entry to determine if acceptable levels were present, on or about 1/17/24.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1204(d)(5):The employer did not provide lighting equipment  approved for the ignitable or combustible properties of the specific gas, vapor, dust, or fiber that were present, and that was sufficient to enable employees to see well enough to work safely and to exit the space quickly in an emergency:  a) Pinewald Aqua water tower: The employer did not provide intrinsically safe lighting for use when employees were spray painting the inside of the 1.5 million gallon Pinewald water tower with category 2 flammable chemicals, including, but not limited to, Induron Ceramaprime LV Epoxy Primer Part B Q-1481,Perma Clean 100 Epoxy Part A A-4165 and methyl ethyl ketone, on or about 1/17/24.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1205(a): Before entry was authorized, the employer did not document the completion of measures required by paragraph 1926.1204(c) of this standard by preparing an entry permit:  a) Pinewald Aqua water tower: The employer did not prepare an entry permit when employees entered the Pinewald water tower to sandblast and spray paint to document that the space was safe for entry, on or about 1/17/24.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR 1926.1207(a):  The employer did not provide training to each employee whose work was regulated by this standard, at no cost to the employee, and ensure that the employee possessed the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this standard. This training must result in an understanding of the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards, and for those employees not authorized to perform entry rescues, in the dangers of attempting such rescues.  a) Pinewald Aqua water tower: The employer did not provide training to employees entering the 1.5 million gallon Pinewald water tower to  sandblast and spray paint.  Employees were not trained on the hazards within the space and protective methods to ensure safe entry during the work, on or about 1/17/24.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $112,926 · Current $125,500

General-duty citation text

29 CFR  1926.1204(c): The employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations in accordance with 1926.1204 (c)(1) through (c)(8):  a) Pinewald Aqua water tower: The employer did not develop and implement the means, procedures and practices necessary for safe entry into the 1.5 million gallon Pinewald water tower for employees conducting sandblasting and spray painting, including, but not limited to, identifying acceptable air quality entry conditions,  frequency of air monitoring when in the space, procedures to prevent slip, trip and fall hazards, identifying the conditions when evacuation was necessary,  equipment needed during the entry and rescue procedures, on or about 1/17/24.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Jul 16, 2024

Abate by

Jun 22, 2026

Penalty

Initial $112,926 · Current $0 Reduced

General-duty citation text

29 CFR  1926.1204(i):29 CFR 1926.1204(i): The employer did not develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue), for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:   a) Pinewald Aqua water tower: The employer did not develop and implement rescue procedures for employees working inside of the 1.5 million gallon Pinewald water tower located approximately 105 feet above the ground below.  Employees were exposed to hazards, including, but not limited to, slips, trips, falls, flammable chemicals, silica and reduced oxygen levels, on or about 1/17/24.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.