OSHA Inspection: FMI PAINT & CHEMICAL, INC.

Issued

2025-04-07 00:00:00

Penalty

Initial $3015.00 · Current $1508.00 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1):  The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to struck-by and crushing hazards:  Warehouse:  On, or about, January 6, 2025, the seatbelt webbing had been removed from Yale forklift Model GLP060VXEGSE087.  The latch plate was observed in the buckle.

Issued

2025-04-07 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.178(l)(1)(i):  The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  Company:  On, or about, January 6, 2025, employees who operated sit-down counterbalanced forklifts had not been provided with training.

Issued

2025-04-07 00:00:00

Abate by

2025-05-22 00:00:00

Penalty

Initial $3015.00 · Current $1508.00 Reduced

General-duty citation text

29 CFR  1910.106(e)(2)(iv)(d):  Flammable liquids were not drawn from or transferred into vessels, containers, or portable tanks within a building only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container or portable tanks by gravity through an approved self-closing valve:  Mixing Room:  On, or about, January 6, 2025, the following flammable liquids were transferred by gravity through non-self-closing ball valves:  1.  Mineral spirits, a Category 3 flammable liquid. 2.  Series 412 CSTL Primer, a Category 3 flammable liquid.

Issued

2025-04-07 00:00:00

Abate by

2025-07-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.106(e)(3)(v)(a):  Areas as defined in paragraph (e)(3)(i) of this section using Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 �F (37.8 �C), were not ventilated at a rate of not less than 1 cubic foot per minute per square foot of solid floor area. This shall be accomplished by natural or mechanical ventilation with discharge or exhaust to a safe location outside of the building. Provision shall be made for introduction of makeup air in such a manner as not to short circuit the ventilation. Ventilation was not arranged to include all floor areas or pits where flammable vapors may collect:  Mixing Room:  On, or about, January 6, 2025, both the intake louver and the exhaust fan that provided ventilation to the room had been installed relatively high in the walls.  The design of the system did not provide ventilation at the floor level.  The flammable primer that was mixed had a reported specific gravity of 1.556 which would make the vapors heavier than air and would cause them to sink to the floor level.

Issued

2025-04-07 00:00:00

Abate by

2025-05-22 00:00:00

Penalty

Initial $3015.00 · Current $0.00 Reduced

General-duty citation text

29 CFR  1910.106(e)(6)(i):  Adequate precautions were not taken to prevent the ignition of flammable vapors:  Mixing Room:  On, or about, January 6, 2025, the following containers of flammable liquids were not grounded:  1.  Three totes of mineral spirits, a Category 3 flammable liquid with a flashpoint of 104�, F.    2. Two 55-gallon drums of dimethyl carbonate, a Category 2 flammable liquid with a flashpoint of 64.4�, F.   3.  Four 55-gallon drums into which Series 412 CSTL Gray Primer was being transferred.  The primer is a Category 3 flammable liquid with a flashpoint of 77�, F.    4.  Two containers of used mineral spirits (a 55-gallon drum and a 5-gallon bucket).  Mineral spirits are a Category 3 flammable liquid with a flashpoint of 104�, F.

Issued

2025-04-07 00:00:00

Abate by

2025-05-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.106(e)(6)(ii):  Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 degrees F (37.8 degree C), were dispensed into containers without the containers being electrically interconnected:  Mixing Room:  On, or about, January 6, 2025, flammable liquids such as dimethyl carbonate (a Category 2 flammable liquid) and Series 412 CSTL primer (a Category 3 flammable liquid) were not bonded while being dispensed into containers.

Issued

2025-04-07 00:00:00

Abate by

2025-05-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.106(e)(7)(i)(b):  Locations where flammable vapor-air mixtures exist under normal operations were not classified Class I, Division 1 five feet in all directions from all points of vapor liberation:  Mixing Room:  On, or about, January 6, 2025, Series 412 CSTL Primer was dispensed from the mixing container into 55-gallon drums within five feet of an energized wall outlet.  Series 412 CSTL Primer is a Category 3 flammable liquid with a flashpoint of 77�, F.

Issued

2025-04-07 00:00:00

Abate by

2025-05-22 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.178(c)(2)(iv):  Power-operated industrial trucks designated as DY, EE, or EX were not used in locations where volatile flammable liquids or flammable gases were handled, processed or used, but in which the hazardous liquids, vapors or gases will normally be confined within closed systems from which they can escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment; also in locations in which hazardous concentrations of gases or vapors will normally be prevented by positive mechanical ventilation but which may become hazardous through failure or abnormal operation of the ventilating equipment:  Mixing Room:  On, or about, January 6, 2025, a Hangcha Model FP32C Type LPG forklift was used to lift totes of mineral spirits and a container Series 412 CSTL primer for gravity dispensing.  The forklift was not rated for use in hazardous locations.