OSHA Inspection: KEES, INC.

Issued

Oct 24, 2024

Penalty

Initial $4,113 · Current $2,879 Reduced

General-duty citation text

29 CFR  1910.134(c)(2)(ii): The employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).  a) On or about August 2, 2024, at the establishment located at 400 South Industrial Drive, Elkhart Lake, Wisconsin; the employer did not fully implement their written respiratory protection program for an employee that voluntarily used a tight-fitting half-face elastomeric respirator, exposing an employee to the hazards associated inadequate physical/physiological capability.  Key provisions in a voluntary use respiratory protection program include, but are not limited to the following:  1)  Medical evaluations for respirator use

Issued

Oct 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1): 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 August 2, 2024, at the establishment located at 400 South Industrial Drive, Elkhart Lake, Wisconsin; the employer did not provide a medical evaluation to determine an employee's ability to use a half-face tight-fitting elastomeric respirator when worn voluntarily, exposing an employee to the hazards associated inadequate physical/physiological capability.

Issued

Oct 24, 2024

Penalty

Initial $5,485 · Current $3,840 Reduced

General-duty citation text

29 CFR  1910.252(a)(2)(vii): Where practicable, all combustibles shall be relocated at least 35 feet (10.7 m) from the work site. Where relocation is impracticable, combustibles shall be protected with flameproofed covers or otherwise shielded with metal or asbestos guards or curtains.  a) On or about and at times prior to July 31, 2024, at the establishment located at 400 South Industrial Drive, Elkhart Lake, Wisconsin, the employer did not ensure that where the relocation of combustibles was impracticable, they were protected flameproofed covers or otherwise shielded, exposing employees to fire hazards. Unprotected oxygen cylinders were stored within 35 feet of a welding booth.

Issued

Oct 24, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 8370

General-duty citation text

29 CFR  1910.252(b)(2)(iii): Protection from arc welding rays. Where the work permits, the welder should be enclosed in an individual booth painted with a finish of low reflectivity such as zinc oxide (an important factor for absorbing ultraviolet radiations) and lamp black, or shall be enclosed with noncombustible screens similarly painted. Booths and screens shall permit circulation of air at floor level. Workers or other persons adjacent to the welding areas shall be protected from the rays by noncombustible or flameproof screens or shields or shall be required to wear appropriate goggles.  a) On or about and at times prior to July 31, 2024, at the establishment located at 400 South Industrial Drive, Elkhart Lake, Wisconsin; the employer did not ensure that welding work performed was enclosed by an individual booth, noncombustible or flameproof screens, or requiring the use of appropriate goggles to protect employees working in the adjacent area from ultraviolet radiation generated by welding, exposing employees to the hazards associated with ultraviolet radiation.

Issued

Oct 24, 2024

Abate by

Nov 22, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR 1910.1026(l)(1): General hazard communication requirements: (i) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (29 CFR 1910.1200) for chromium (VI); (ii) In classifying the hazards of chromium (VI) at least the following hazards are to be addressed: Cancer, eye irritation, and skin sensitization; and (iii) Employers shall include chromium (VI) in the hazard communication program established to comply with the HCS (29 CFR 1910.1200). Employers shall ensure that each employee has access to labels on containers of chromium (VI) and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (l)(2) of this section.  a) On or about and at times prior to July 31, 2024, at the establishment located at 400 South Industrial Drive, Elkhart Lake, Wisconsin, the employer did not provide employees exposed to chromium (VI) with training on the general hazard communication requirements for chromium (VI).

Issued

Oct 24, 2024

Abate by

Nov 22, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(l)(2): The employer shall ensure that each employee can demonstrate knowledge of at least the following: (A) The contents of this section; and (B) The purpose and a description of the medical surveillance program required by paragraph (k) of 29 CFR 1910.1026.  a) On or about and at times prior to July 31, 2024, at the establishment located at 400 South Industrial Drive, Elkhart Lake, Wisconsin, the employer did not ensure that employees exposed to chromium (VI) could demonstrate knowledge in the contents of 29 CFR 1910.1026.

Issued

Oct 24, 2024

Abate by

Nov 22, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(2)(iii): Employees shall be informed of the location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.  a) On or about and at times prior to July 31, 2024, at the establishment located at 400 South Industrial Drive, Elkhart Lake, Wisconsin; the employer did not ensure that employees were aware of the location that safety data sheets for chemicals being used in the workplace were being kept. Employees used hazardous chemicals, such as but not limited to compressed gases.