OSHA Inspection: PROACTIVE SOLUTIONS USA, LLC

Issued

Dec 6, 2024

Abate by

Jan 14, 2025

Penalty

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

Hazardous substances 0640

General-duty citation text

29 CFR  1910.38(e): An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.  a) On or about July 9, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; the employer did not ensure that employees were provided effective training on the emergency action plan to evacuate in the event of an emergency and to not respond, exposing employees to chemical hazards. On or about July 9, 2024, a reaction occurred in the Basement that released chlorine gas and employees responded to the emergency.

Issued

Dec 6, 2024

Penalty

Initial $6,453 · Current $3,872 Reduced

General-duty citation text

29 CFR  1910.133(a)(1): The employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation.  a) On or about September 24, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; on the Main Floor, the employer did not ensure that an employee working with a hazardous chemical, such as but not limited to Victory, wore the appropriate eye or face protection, exposing an employee to chemical hazards.

Issued

Dec 6, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 1515

General-duty citation text

29 CFR  1910.138(a): Employers shall select and require employees to use appropriate hand protection when employees' hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes.  a) On or about September 30, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; on the Main Floor, the employer did not ensure that an employee working with a hazardous chemical, such as but not limited to Iodine 20% / TDC-20, wore the appropriate hand protection, exposing an employee to chemical hazards.

Issued

Dec 6, 2024

Penalty

Initial $11,292 · Current $6,775 Reduced

Hazardous substances 0640

General-duty citation text

29 CFR  1910.134(d)(2)(i): The employer shall provide the following respirators for employee use in immediately dangerous to life or health (IDLH) atmospheres: A) A full facepiece pressure demand SCBA certified by NIOSH for a minimum service life of thirty minutes, or; (B) A combination full facepiece pressure demand supplied-air respirator (SAR) with auxiliary self-contained air supply.  a) On or about September 25, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; in the Basement, the employer did not provide appropriate respiratory protection to a Production Blender while working in an IDLH atmosphere, exposing an employee to the health effects associated with chlorine. On this date, a chlorine meter placed on the Production Blender wearing a full-face tight-fitting elastomeric respirator while adjusting the pH of the Chlorinated Alkaline Tank measured the atmosphere to contain 26.9 parts per million (ppm) of chlorine, approximately 2.69 times the IDLH atmosphere for chlorine.

Issued

Dec 6, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 0640

General-duty citation text

29 CFR  1910.1000(a)(1): An employee's exposure to any substance in Table Z-1, the exposure limit of which is preceded by a "C", shall at no time exceed the exposure limit given for that substance. If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time weighted average exposure which shall not be exceeded at any time during the working day.  a) On or about September 25, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; in the Basement, a Production Blender was exposed to chlorine that exceeded the permissible exposure limit (PEL) while adjusting the pH of the Chlorinated Alkaline Tank, exposing an employee to the hazards associated with chlorine.  On this date, the Production Blender was exposed to a ceiling of 26.9 parts per million (ppm) of chlorine, approximately 26.9 times the permissible exposure limit (PEL) of 1 ppm listed in Table Z-1.  Inhalation hazards associated with elevated exposures to chlorine can include hypoxia, pulmonary edema, and respiratory arrest.

Issued

Dec 6, 2024

Abate by

Apr 7, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 0640

General-duty citation text

29 CFR  1910.1000(e): To achieve compliance with paragraphs (a) through (d) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1910.134.  a) On or about September 25, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; in the Basement; the employer did not determine and implement feasible administrative or engineering controls to achieve compliance with paragraph (a) of this section. On this date, a Production Blender was exposed to chlorine that exceeded the permissible exposure limit (PEL) while performing routine duties that included adjusting the pH of the Chlorine Discharge Tank. The Production Blender was exposed to a ceiling of 26.9 parts per million (ppm) of chlorine, approximately 26.9 times the permissible exposure limit (PEL) of 1 ppm listed in Table Z-1. Inhalation hazards associated with elevated exposures to chlorine can include hypoxia, pulmonary edema, and respiratory arrest.  Applicable engineering or administrative controls may include, but are not limited to the following:   Step 1: Submit to the Area Director a written, detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposure to hazardous substances as referenced in this citation. This plan shall include, at the minimum, target dates for the following actions which must be consistent with the abatement dates required by this citation:   1. Evaluation and listing of engineering/administrative ventilation control options. Ensure the following are considered in your control options evaluation: analysis of existing emission sources, the worker proximity to the emission source(s) and the job task or tasks being performed; 2. Selection criteria for control method(s), selection of the optimum control methods and completion of design;  3. Procurement, installation and operation of selected control measures;  4. Testing and acceptance or modification/redesign of controls. All proposed control measures shall be approved for each particular use by a competent industrial hygienist, certified industrial ventilation specialist experienced in complex processes or other technically qualified person. Identify the person and qualifications in the report of plan to the Area Director.   Step 1 abatement is due February 4, 2025.   Step 2: Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance. Submission to the Area Director of personal employee exposure air monitoring is required for documenting engineering control effectiveness. Feasible administrative and/or engineering controls could include, but is not limited to, the following:   1. Equip processes with local exhaust ventilation such as, but not limited to, a capturing hood at the emission point or exhaust vent on the tank.  2. Consider the use of increased general dilution air (otherwise known as make-up air), during capture ventilation system design, to increase exhaust ventilation system capture. Introduction of targeted make-up air systems such as air islands, increasing flow into existing ventilation systems providing air into the work area and relocation of existing general dilution air ductwork are examples of dilution ventilation system improvements to increase dust capture system efficiency.  3. Consider and develop work practices for reducing emissions of chlorine into the breathing zone through body and tool positioning.   Step 2 abatement is due March 6, 2025.

Issued

Dec 6, 2024

Abate by

Jan 7, 2025

Penalty

Initial $4,839 · Current $2,903 Reduced

General-duty citation text

29 CFR  1910.1200(d)(1): Chemical manufacturers and importers shall evaluate chemicals produced in their workplaces or imported by them to classify the chemicals in accordance with this section. For each chemical, the chemical manufacturer or importer shall determine the hazard classes, and, where appropriate, the category of each class that apply to the chemical being classified. Employers are not required to classify chemicals unless they choose not to rely on the classification performed by the chemical manufacturer or importer for the chemical to satisfy this requirement.  a) On or about October 11, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; the employer did not ensure that they had appropriately classified a chemical (LPC #102?) that they manufactured, as a hazardous chemical, exposing an employee to chemical hazards.

Issued

Dec 6, 2024

Abate by

Jan 7, 2025

Penalty

Initial $4,839 · Current $0 Reduced

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 21, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; on the Main Floor, the employer did not fully implement their written hazard communication program when employees worked with hazardous chemicals in the workplace, such as but not limited to isopropyl alcohol, 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) Container labeling

Issued

Dec 6, 2024

Abate by

Jan 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(f)(6): 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: (i) The information specified under paragraphs (f)(1)(i) through (v) of this section for labels on shipped containers; or, (ii) 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) a) On or about and at times prior to August 21, 2024, at the establishment located at 301 Bridge Street, Green Bay, Wisconsin; on the Main Floor, the employer did not ensure that each container of hazardous chemical was labeled, tagged or marked, with the identity and/or hazards of its contents, exposing an employee to chemical hazards. One container that contained isopropyl alcohol was not properly labeled, tagged or marked.