OSHA Inspection: COLOR COCKTAIL GALLERY, LLC

Issued

Aug 26, 2024

Abate by

Oct 11, 2024

Penalty

Initial $3,457 · Current $3,457

Hazardous substances S103

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) Color Cocktail Gallery, LLC dba Color Cocktail Factory., located at 917 W 18th St., Chicago, IL 60608:  On or about April 11, 2024, the employer failed to implement a respiratory protection program when employees were required to wear N95s, a tight-fitting filtering facepiece respirator, when handling and working with dried clay containing crystalline silica.  The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program.

Issued

Aug 26, 2024

Abate by

Oct 11, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) Color Cocktail Gallery, LLC dba Color Cocktail Factory., located at 917 W 18th St., Chicago, IL 60608:  On or about April 11, 2024, the employer failed to ensure each employee required to wear a respirator had been provided with a medical evaluation. Employees were required to wear N95s, a tight-fitting filtering facepiece respirator, when handling and working dried clay containing crystalline silica.

Issued

Aug 26, 2024

Abate by

Oct 11, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) Color Cocktail Gallery, LLC dba Color Cocktail Factory., located at 917 W 18th St., Chicago, IL 60608:  On or about April 11, 2024, the employer failed to ensure employees required to use respiratory protection were provided with a fit test prior to the initial use of the respirators, thereby exposing employees to respiratory system illnesses. Employees were required to wear N95s, a tight-fitting filtering facepiece respirator, when handling and working dried clay containing crystalline silica.

Issued

Aug 26, 2024

Abate by

Oct 11, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) Color Cocktail Gallery, LLC dba Color Cocktail Factory., located at 917 W 18th St., Chicago, IL 60608:  On or about April 11, 2024, the employer failed to provide respirator training to ensure each employee could demonstrate knowledge of the required training elements of the standard including, but not limited to, why respiratory protection is necessary, factors that compromise protection, proper fit, proper use, limitations and capabilities, change schedules, emergency use, inspection, maintenance and/or storage, general requirements of 29 CFR 1910.134, and how to recognize medical signs and symptoms. Employees were required to wear N95s, a tight-fitting filtering facepiece respirator, when handling and working dried clay containing crystalline silica.

Issued

Aug 26, 2024

Abate by

Oct 11, 2024

Penalty

Initial $3,457 · Current $3,457

Hazardous substances S103

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) Color Cocktail Gallery, LLC dba Color Cocktail Factory., located at 917 W 18th St., Chicago, IL 60608:  On or about April 11, 2024, the employer failed to develop and implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling of containers of hazardous chemicals; 2) Safety data sheet availability; 3) Training of employees; 4) A complete list of hazardous chemicals known to be present in the workplace; 5) Methods to inform employees of the hazards on non-routine tasks; and 6) Methods to inform other employer(s) of safety data sheet availability; the labeling system and any precautionary measures to protect employees.  Employees used chemical products containing hazards including, but not limited to, crystalline silica.

Issued

Aug 26, 2024

Abate by

Oct 11, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s):   a) Color Cocktail Gallery, LLC dba Color Cocktail Factory., located at 917 W 18th St., Chicago, IL 60608:  On or about April 11, 2024, the employer failed to ensure Safety Data Sheets were maintained in the workplace and available to employees. Employees used chemical products containing hazards including, but not limited to, crystalline silica.

Issued

Aug 26, 2024

Abate by

Oct 11, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

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) Color Cocktail Gallery, LLC dba Color Cocktail Factory., located at 917 W 18th St., Chicago, IL 60608:  On or about April 11, 2024, the employer failed to provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment. Employees used chemical products containing hazards including, but not limited to, crystalline silica.