OSHA Inspection: NIAGARA FABRICATION, INC.

Issued

Sep 25, 2024

Abate by

Nov 4, 2024

Penalty

Initial $8,067 · Current $4,840 Reduced

General-duty citation text

29 CFR  1910.107(d)(1):  Ventilating and exhaust systems shall be in accordance with the Standard for Blower and Exhaust Systems for Vapor Removal, NFPA No. 91-1961, which is incorporated by reference as specified in Sec. 1910.6, where applicable and shall also conform to the provisions of this section:  On or about August 5, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the exhaust system of the Paint Booth was not in accordance with NPFA No. 91-1961. Ducts, which exhausted air and flammable vapors from the Paint Booth, were not constructed entirely of sheet metal or other noncombustible material. Plywood pieces and a polymer tube were used in the exhaust system of the Paint Booth.

Issued

Sep 25, 2024

Abate by

Oct 24, 2024

Penalty

Initial $8,067 · Current $4,840 Reduced

General-duty citation text

29 CFR  1910.134(c)(1):  In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not implement a written respiratory protection program. Employees were required to wear respirators, such as but not limited to blasting helmet respirators during abrasive blasting and tight-fitting half-face respirators during spray painting, to protect their health. The employer did not implement all the required elements of a written program.  All provisions of 29 CFR 1910.134(c) through (m) must be contained in a written program. Key elements include, but are not limited to the following:  1) Respirator selection 2) Filter change-out schedule 3) Medical clearances 4) Fit testing 5) Employee training on use, maintenance, storage, and limitations 6) Program evaluation

Issued

Sep 25, 2024

Abate by

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:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not provide a medical evaluation to determine an employee's ability to use an blasting helmet respirator which was necessary to protect the employee's health while they conducted abrasive blasting work.

Issued

Sep 25, 2024

Abate by

Nov 4, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(5):  The fit test shall be administered using an OSHA-accepted QLFT or QNFT protocol. The OSHA-accepted QLFT and QNFT protocols and procedures are contained in Appendix A of this section:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not administer QLFT or QNFT protocols when providing fit tests to employees using tight-fitting half-face respirators during spray painting. Appendix A, Part I.A.9. "Fit Testing Procedures - General Requirements", of this section states in part, "The test shall not be conducted if there is any hair growth between the skin and the facepiece sealing surface, such as stubble beard growth, beard, mustache or sideburns which cross the respirator sealing surface." A Painter employee was administered a fit test while having greater than a days grown of facial hair which crossed the respirator sealing surface.

Issued

Sep 25, 2024

Abate by

Oct 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(1)(i):  Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not ensure the tight-fitting half-face respirator used by the Painter employee was cleaned and disinfected as often as necessary to be maintained in a sanitary condition. Accumulations of overspray from spray painting were allowed to form on the employee's respirator which was not kept clean and sanitary.

Issued

Sep 25, 2024

Abate by

Oct 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(1)(ii): Respirators issued to more than one employee shall be cleaned and disinfected before being worn by different individuals:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not ensure the blasting helmet respirator used by two employees was cleaned and disinfected before being worn by the other individual. The two employees shared the blasting helmet respirator on the same day and it was not cleaned or disinfected between the employees using it.

Issued

Sep 25, 2024

Abate by

Oct 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(2)(i):   All respirators shall be stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and they shall be packed or stored to prevent deformation of the facepiece and exhalation valve:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not ensure all respirators were stored to protect them from damage, contamination and dust when the abrasive blast helmet respirator was stored on a hook in the abrasive blasting prep room where dust and contamination from the blasting process were capable of settling on and in the respirator.

Issued

Sep 25, 2024

Abate by

Oct 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(3)(ii)(B):  The employer shall ensure that respirator inspections include a check of elastomeric parts for pliability and signs of deterioration:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not ensure the tight-fitting half-face respirator used by the Painter employee was inspected to check the elastomeric parts of the respirator for pliability and signs of deterioration.  Accumulations of overspray from spray painting were allowed to form on the employee's respirator which made it impossible to inspection for pliability or any cracks or other deterioration.

Issued

Sep 25, 2024

Abate by

Oct 24, 2024

Penalty

Initial $0 · Current $4,032

General-duty citation text

29 CFR  1910.1200(f)(6)(ii):  The employer shall ensure that each container of hazardous chemicals in the workplace is 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, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  On or about August 20, 2024; at a facility located at 100 Woodyard Road in Niagara, WI; the employer did not ensure that each container of hazardous chemicals in the workplace were labeled, tagged or marked with the product identifier and hazards of chemical within. A crate containing crushed glass used for abrasive blasting in the blasting cabinet.