OSHA Inspection: WHITLEY EAST, LLC

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $5,485 · Current $3,000 Reduced

General-duty citation text

29 CFR  1910.95(c)(1):The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:  a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, the employer did not institute a continuing and effective hearing conservation program when employees' nose exposure exceeded an 8 hour time weighted average sound level of 85 dBA.  A. Quest Technology Edge 5 dosimeter (Serial # ESN070297) placed on an employee conducting laborer/roofs operations was exposed to noise at a level of 111.3% of the allowable limit during a 480 minute sampling period on September 19, 2024; exposure calculations included a zero increment for the 30 minutes not sampled. This exposure is equivalent to a sound level of 90.7 dBA for the dose and time of the employee exposure.   B. Quest Technology Edge 5 dosimeter (Serial # ESN070298) placed on an employee conducting laborer/floors operations was exposed to noise at a level of 60.1% of the allowable limit during a 480 minute sampling period on September 19, 2024; exposure calculations included a zero increment for the 30 minutes not sampled. This exposure is equivalent to a sound level of 86.3 dBA for the dose and time of the employee exposure.   C. Quest Technology Edge 5 dosimeter (Serial # ESN070300) placed on an employee conducting welding operations was exposed to noise at a level of 82.3% of the allowable limit during a 480 minute sampling period on September 19, 2024; exposure calculations included a zero increment for the 30 minutes not sampled. This exposure is equivalent to a sound level of 88.6 dBA for the dose and time of the employee exposure.  D. Quest Technology Edge 5 dosimeter (Serial # ESN070301) placed on an employee conducting steel cutting operations was exposed to noise at a level of 63.9% of the allowable limit during a 480 minute sampling period on September 19, 2024; exposure calculations included a zero increment for the 30 minutes not sampled. This exposure is equivalent to a sound level of 86.7 dBA for the dose and time of the employee exposure.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states that employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(g)(1):  The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, employees were exposed to noise over an 8-hour time-weighted average of 85 dBA and the company did not have an audiometric testing program.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(k)(1):  The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, employees were exposed to noise over an 8-hour time-weighted average of 85 decibels and the company did not have a hearing conservation training program.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $4,113 · Current $2,500 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) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, employees performing tasks including, but not limited to, finishing work and painting were required to wear a LPR-100 Half-Mask respirator.  The employer had an written respiratory protection program that was deficient in that it lacked information including, but not limited to, the criteria for:   1. Medical evaluations of employees required to use respirators, 2. Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations, and 3. Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

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) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, employees performing tasks including, but not limited to, finishing work and painting were required to wear a LPR-100 Half-Mask respirator were not provided with medical evaluations.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:  a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, the employer allowed employees to voluntarily wear N95 half-mask filtering facepieces without providing the employees with with the information contained in 29 CFR 1910.134 Appendix D ("Information for Employees Using Respirators When Not Required Under the Standard").  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $4,113 · Current $2,500 Reduced

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) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, employees were utilizing chemicals including, but not limited to, paint products and cleaning chemicals, and did not have safety data sheets of the products/chemicals readily accessible.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(f)(6)(ii):  Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the 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, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plant 1 - On or about June 6, 2024, a spray bottle containing "mold killer" was not labeled, tagged or marked with 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, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1)(i):  The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet:   a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, employees were utilizing chemicals including, but not limited to, paint products and cleaning chemicals, and the employer did not have a list of hazardous chemicals that are used in the facility.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

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) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plants 1 and 2 - On or about June 6, 2024, employees were utilizing chemicals including, but not limited to, paint products and cleaning chemicals, and the employer did not provide hazard communication training to employees who handle these chemicals/products.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.37(a)(3):  Exit route(s) were not kept free and unobstructed:  a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plant 1 - On or about June 6, 2024, the exit route to door #28 was partially obstructed by items, including, but not limited to, a flexible electrical cords and a push broom.  b) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plant 1 - On or about June 6, 2024, the exit route to door #22 was partially obstructed by items, including, but not limited to, a pedestal fan.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Sep 30, 2024

Abate by

Dec 31, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(g)(2): The educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting was not provided to all employees upon initial employment, and at least annually thereafter:  a) Whitley East, LLC, 64 Hess Road, Leola, PA 17540, Plant 2 - On or about June 6, 2024, employees, including, but not limited to, welders, were provided with, and permitted to use, portable fire extinguishers, and were not trained on the the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.