OSHA Inspection: DAIGLE BROTHERS, INC.

Issued

Nov 1, 2024

Abate by

Dec 3, 2024

Penalty

Initial $6,453 · Current $4,517 Reduced

General-duty citation text

29 CFR  1910.94(a)(5)(iv): For employees who use respirators required by this section, the employer must implement a respiratory protection program in accordance with 29 CFR 1910.134.  a) On or about and at times prior to July 25, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Paint Shop, the employer did not implement a respiratory protection program where respirators were necessary to protect the health of each employee who used an abrasive blasting hood (Clemco Apollo 600) during abrasive blasting operations.  An employee wearing an abrasive blasting hood was not medically evaluated prior to wearing that respirator, exposing them to inadequate physical/physiological capability.

Issued

Nov 1, 2024

Abate by

Dec 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c): This paragraph requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be administered by a suitably trained program administrator. In addition, certain program elements may be required for voluntary use to prevent potential hazards associated with the use of the respirator.  On or about and at times prior to August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Paint Shop and Stainless Shop, the employer did not develop and implement a written respiratory protection program, exposing employees to inadequate physical/physiological capability in the following instances:  a) Where an abrasive blasting hood (Clemco Apollo 600) respirator was necessary to protect the health of an employee during abrasive blasting operations. b) Where a half-face tight-fitting elastomeric respirator (Miller LPR-100) was worn voluntarily by an employee during welding/grinding operations.  All provisions of 29 CFR 1910.134 (c)(1)(i) through (m) must be contained in a written respiratory protection program and implemented, as applicable. Key elements include, but are not limited to the following: 1) Medical evaluations of employees required to use respirators 2) Program evaluation

Issued

Nov 1, 2024

Abate by

Dec 3, 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 and at times prior to August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Paint Shop and Stainless Shop, the employer did not provide a medical evaluation to determine an employee's ability to use to a respirator, exposing employees to inadequate physical/physiological capability in the following instances:  a) Where an abrasive blasting hood (Clemco Apollo 600) respirator was necessary to protect the health of an employee during abrasive blasting operations. b) Where a half-face tight-fitting elastomeric respirator (Miller LPR-100) was worn voluntarily by an employee during welding/grinding operations.

Issued

Nov 1, 2024

Penalty

Initial $8,067 · Current $5,647 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(i)(2): If it is reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater MC (for example through splashes, spills or improper work practices), the employer shall provide appropriate eyewash facilities within the immediate work area for emergency use, and shall ensure that affected employees use those facilities when necessary.  a) On or about and at times prior to July 22, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Railing Department, the employer did not provide appropriate eyewash facilities within the immediate work area for emergency use when using 1620 Anti-Spatter, exposing employees to the hazards associated with methylene chloride. Employees used 1620 Anti-Spatter, which contained 73-84% methylene chloride.

Issued

Nov 1, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(h)(1):Where needed to prevent MC-induced skin or eye irritation, the employer shall provide clean protective clothing and equipment which is resistant to MC, at no cost to the employee, and shall ensure that each affected employee uses it. Eye and face protection shall meet the requirements of 29 CFR 1910.133 or 29 CFR 1915.153, as applicable.  a) On or about and at times prior to July 22, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Railing Department, the employer did not select and have each affected employee use the appropriate PPE, such as but not limited to a face shield and goggles and chemical-resistant gloves, when using 1620 Anti-Spatter, exposing employees to the hazards associated with methylene chloride. Employees used 1620 Anti-Spatter, which contained 73-84% methylene chloride.

Issued

Nov 1, 2024

Abate by

Dec 3, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(l)(1): The employer shall provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to MC.  a) On or about and at times prior to July 22, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Railing Department, the employer did not provide employees exposed to methylene chlorine with training on the general hazard communication requirements for methylene chloride, exposing employees to the hazards associated with methylene chloride. Employees used 1620 Anti-Spatter, which contained 73-84% methylene chloride.

Issued

Nov 1, 2024

Penalty

Initial $8,067 · Current $0 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1200(e)(1): Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met.  a) On or about and at times prior to August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; the employer did not develop and implement a written hazard communication program when employees worked with hazardous chemicals in the workplace, such as but not limited to 1620 Anti-Spatter, chromium (VI), compressed gases, and crushed glass, exposing employees to the hazards associated with hazardous chemicals.  All provisions of 29 CFR 1910.1200(e) through (h) must be contained in a written hazard communication program. Key elements include, but are not limited to the following:  1) List of all hazardous chemicals 2) Employee information and training

Issued

Nov 1, 2024

Abate by

Dec 3, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 06891730

General-duty citation text

29 CFR  1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  a) On or about and at times prior to August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; the employer did not ensure that employees working with hazardous chemicals in the workplace, such as but not limited to 1620 Anti-Spatter, chromium (VI), and compressed gases, were provided information and training on the hazardous chemicals, exposing employees to chemical hazards.

Issued

Nov 1, 2024

Abate by

Dec 3, 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 August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Railing Department, the employer did not ensure welding work performed was enclosed by individual booths, noncombustible or flameproof screens, or requiring the use of appropriate goggles to protect employees walking by and/or working nearby from ultraviolet radiation generated by welding, exposing employees to the hazards associated with ultraviolet radiation.

Issued

Nov 1, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(d)(1): Each employer who has a workplace or work operation covered by this section shall determine the 8-hour TWA exposure for each employee exposed to chromium (VI). This determination shall be made in accordance with either paragraph (d)(2) or paragraph (d)(3) of this section.  a) On or about and at times prior to August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; in the Stainless Shop, the employer did not determine the 8-hour TWA exposure for employees exposed to chromium (VI) while welding on stainless steel, exposing an employee to health hazards associated with chromium (VI).

Issued

Nov 1, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(d)(2): Each employer whose employees are exposed to MC shall perform initial exposure monitoring to determine each affected employee's exposure.  a) On or about and at times prior to July 22, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin; the employer did not perform initial exposure monitoring to determine each affected employee's exposure to methylene chloride, exposing employees to the hazards associated with methylene chloride. Employees used 1620 Anti-Spatter, which contained 73-84% methylene chloride.

Issued

Nov 1, 2024

Abate by

Dec 3, 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 August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin, in the Stainless Shop, the employer did not provide employees exposed to chromium (VI) with training on the general hazard communication requirements for chromium (VI), exposing employees to the hazards associated with chromium (VI).

Issued

Nov 1, 2024

Abate by

Dec 3, 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 August 8, 2024, at the establishment located at 727 Southgate Drive, Tomahawk, Wisconsin, in the Stainless Shop, the employer did not ensure that employees exposed to chromium (VI) could demonstrate knowledge in the contents of 29 CFR 1910.1026, exposing employees to the hazards associated with chromium (VI).