OSHA Inspection: DUBOIS CHEMICALS, INC

Issued

Sep 17, 2024

Abate by

Oct 7, 2024

Penalty

Initial $16,131 · Current $9,678 Reduced

General-duty citation text

29 CFR  1910.106(e)(6)(i): "General." Adequate precautions shall be taken to prevent the ignition of flammable vapors. Sources of ignition include but are not limited to open flames; lightning; smoking; cutting and welding; hot surfaces; frictional heat; static, electrical, and mechanical sparks; spontaneous ignition, including heat-producing chemical reactions; and radiant heat.  a.) On or about April 17, 2024, the employer did not ensure that all sources of ignition were eliminated when responding to a spill of Category 3 flammable liquid (BASF, Golpanol PA) in that a  Rider Scrubber (Advance by Nilfisk SC8000) with a 55 hp 1.6 L Kubota liquid propane engine was used to clean up the spill, and is not approved to be used to clean up flammable liquids.

Issued

Sep 17, 2024

Abate by

Dec 2, 2024

Penalty

Initial $16,131 · Current $9,678 Reduced

General-duty citation text

29 CFR  1910.120(q)(6)(iii): Training. Training shall be based on the duties and function to be performed by each responder of an emergency response organization. The skill and knowledge levels required for all new responders, those hired after the effective date of this standard, shall be conveyed to them through training before they are permitted to take part in actual emergency operations on an incident. Employees who participate, or are expected to participate, in emergency response, shall be given training in accordance with the following paragraphs: Hazardous materials technician. Hazardous materials technicians are individuals who respond to releases or potential releases for the purpose of stopping the release. They assume a more aggressive role than a first responder at the operations level in that they will approach the point of release in order to plug, patch or otherwise stop the release of a hazardous substance. Hazardous materials technicians shall have received at least 24 hours of training equal to the first responder operations level and in addition have competency in the following areas and the employer shall so certify:  (A) Know how to implement the local emergency response plan. (B) Understand classification, identification and verification of known and unknown materials by using advanced survey instruments and equipment. (C) Know of the state emergency response plan. (D) Be able to select and use proper specialized chemical personal protective equipment provided to the hazardous materials specialist. (E) Understand in-depth hazard and risk techniques. (F) Be able to perform specialized control, containment, and/or confinement operations within the capabilities of the resources and personal protective equipment available. (G) Be able to determine and implement decontamination procedures. (H) Have the ability to develop a site safety and control plan. (I) Understand chemical, radiological and toxicological terminology and behavior.   a.) On or about April 17, 2024, the employer failed to ensure management and employees, who acted as Hazardous Materials Technicians to respond to a release of BASF Golpanol PA (Fatal Inhalant, Fatal Skin Contact, Flammable) in the storage rack area at location NEH34B had received the necessary training required by sections A through I. As a result management and employees were exposed to toxic and fatal inhalation hazards during their efforts to decontaminate the area.

Issued

Sep 17, 2024

Abate by

Oct 7, 2024

Penalty

Initial $16,131 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(f)(6)(ii): Labels and other forms of warning. Workplace labeling. Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged, or marked with either: Product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.  a.) On or about May 16, 2024, the employer did not ensure the 30-gallon drum containing BASF Golpanol PA (Fatal Inhalant, Fatal Skin Contact, Flammable) was properly labeled in that the product identifier and chemical hazards included on the drum label were for Bergische Elektrochemie: Dicolloy PPS.  b.) On or about June 12, 2024, the employer did not ensure the 5-gallon bucket containing BASF Golpanol PA (Fatal Inhalant, Fatal Skin Contact, Flammable) was properly labeled in that the label did not contain words, pictures, symbols, or a combination thereof to provide general information about the hazards of the chemical.

Issued

Sep 17, 2024

Abate by

Dec 2, 2024

Penalty

Initial $16,131 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(f)(10): The employer shall ensure that workplace labels or other forms of warning are legible, in English, and prominently displayed on the container, or readily available in the work area throughout each work shift. Employers having employees who speak other languages may add the information in their language to the material presented, as long as the information is presented in English as well.  a.) On or about May 16th and June 12th, 2024, the employer did not ensure workplace labels on raw material containers were compliant in that labels were defaced and torn.  The employer did not ensure labels were prominently displayed on the drums in that drums or totes in storage were not stored with the label facing outward.

Issued

Sep 17, 2024

Abate by

Oct 7, 2024

Penalty

Initial $16,131 · Current $9,678 Reduced

General-duty citation text

29 CFR  1910.134(d)(3)(i): The employer shall provide a respirator that is adequate to protect the health of the employee and ensure compliance with all other OSHA statutory and regulatory requirements, under routine and reasonably foreseeable emergency situations.  a.) On or about April 17th and 18th, 2024, the employer did not ensure respirators for use during a hazardous chemical spill of BASF Golpanol PA (Fatal Inhalant, Fatal Skin Contact, Flammable) were adequate in that employees were provided with and wore N95 filtering facepiece respirators and did not wear respirators with chemical cartridges.

Issued

Sep 17, 2024

Abate by

Dec 2, 2024

Penalty

Initial $16,131 · Current $3,000 Reduced

General-duty citation text

29 CFR  1910.178(a)(6): The user shall see that all nameplates and markings are in place and are maintained in a legible condition.  On or about May 16, 2024, the nameplate and markings on the Komatsu 25 sit down forklift (Serial #A234548) were not maintained in legible condition in that the load capacity and load center information had deteriorated and rubbed off the plate.

Issued

Sep 17, 2024

Abate by

Oct 7, 2024

Penalty

Initial $16,131 · Current $9,678 Reduced

General-duty citation text

29 CFR  1910.178(l)(4)(ii)(B): Refresher training in relevant topics shall be provided to the operator when: The operator has been involved in an accident or near-miss incident;  a.) On or about April 17, 2024, the employer did not ensure refresher training in relevant topics was provided to an employee after improperly lifting and transporting a 30-gallon drum containing 99 pounds of hazardous, BASF Golpanol PA (Fatal Inhalant or Skin Contact, Flammable) by the lid resulting in a spill.

Issued

Sep 17, 2024

Abate by

Oct 7, 2024

Penalty

Initial $16,131 · Current $0 Reduced

General-duty citation text

29 CFR  1910.178(o)(1): 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 April 17, 2024, the employer did not ensure that only stable loads were handled in the rack storage area, in that a 30-gallon drum containing 99 pounds of hazardous, BASF Golpanol PA (Fatal Inhalant, Fatal Skin Contact, Flammable) was lifted by the drum chime (lid) and transported between the forks of the forklift. When making a turn, the drum swung between the forks, slipped from the forks and spilled when the entire lid came off the drum.

Issued

Sep 17, 2024

Abate by

Oct 7, 2024

Penalty

Initial $16,131 · Current $3,000 Reduced

General-duty citation text

29 CFR  1910.178(q)(7): Industrial trucks shall be examined before being placed in service, and shall not be placed in service if the examination shows any condition adversely affecting the safety of the vehicle. Such examination shall be made at least daily. Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift. Defects when found shall be immediately reported and corrected.   a.) On or about May 16, 2024, the employer did not ensure that employees utilizing forklifts were conducting proper daily examinations across all shifts to ensure safe operations of the powered industrial vehicles in that  the data plate for the Komatsu 25 sit down forklift (Serial #A234548) was not legible.

Issued

Sep 17, 2024

Abate by

Dec 2, 2024

Penalty

Initial $1,294 · Current $776 Reduced

General-duty citation text

29 CFR  1910.132(d)(2): The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.   a.) On or about May 7, 2024, the employer did not ensure their Personal Protective Equipment Workplace Hazard Assessment forms including, but not limited to Powder Takeout, Material Handling, A&B Kettles, Pre-Kit, Dock, Mezzanine, and Takeout/ Dump Overs identified the person(s) certifying the evaluation was performed and the date(s) of the hazard assessment.

Issued

Sep 17, 2024

Abate by

Dec 2, 2024

Penalty

Initial $1,294 · Current $776 Reduced

General-duty citation text

29 CFR  1910.134(k)(6): Training and information. 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 basic advisory information on respirators, as presented in Appendix D of this section, shall be provided by the employer in any written or oral format, to employees who wear respirators when such use is not required by this section or by the employer.  a.) On or about May 16, 2024, the employer did not provide the information contained in Appendix D to employees voluntarily wearing Moldex 2840 R95 filtering facepiece respirators while working in the Pre-Kit area.