OSHA Inspection: APOTHO THERAPEUTICS ATHOL, INC.

Issued

Mar 14, 2025

Penalty

Initial $6,620 · Current $3,310 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program (RPP) that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented where respirators were necessary to protect the health of employees:  In the greenhouse and/or nursery area at 1 Exchange Street.,  Athol, MA:  On January 7, 2025, and at times prior, the employer did not implement a written respiratory protection program (RPP) for employees who are required to wear 3M full-face elastomeric respirators while performing integrated pest management (IPM) during the cannabis cultivating process.  ABATEMENT NOTE:  A respirator program shall include the following elements:    -Procedures for selecting respirators  -Medical evaluations for employees required to use respirators  -Procedures for fit testing tight fitting respirators  -Procedures for proper use of respirators  -Procedures and schedules for cleaning, storing, inspecting, and maintaining respirators  -Training of employees about respiratory hazards in the workplace  -Training on proper use of respirators  -Procedures for regularly evaluating the effectiveness of the program  *Abatement notes are intended only to provide clarity regarding existing requirements under the law or agency policies. Abatement notes do not create (or diminish) legal obligations under the Occupational Safety and Health Act.

Issued

Mar 14, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 9135

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator before the employee was fit tested or required to use the respirator in the workplace:  In the greenhouse and/or nursery area at 1 Exchange Street., Athol, MA:  On January 7, 2025, and at times prior, two employees were not provided a medical evaluation prior to being required to wear a 3M full-face elastomeric respirator.

Issued

Mar 14, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    In the greenhouse and/or nursery area at 1 Exchange Street.,  Athol, MA:  On January 7, 2025, and at times prior, the employer did not ensure that two employees were fit-tested on 3M full face elastomeric respirators, prior to required usage.

Issued

Mar 14, 2025

Penalty

Initial $6,620 · Current $3,310 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and maintain at each workplace, a written hazard communication (HAZCOM) 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:  In the cultivation and production area at 1 Exchange Street.,  Athol, MA:  On January 7, 2025, and at times prior, the employer did not develop a written HAZCOM program for various hazardous chemicals including but not limited to Cannabis, Silver Bullet, and Isopropyl alcohol.

Issued

Mar 14, 2025

Abate by

Apr 30, 2025

Penalty

Initial $0 · Current $0

Hazardous substances 1560

General-duty citation text

29 CFR 1910.1200(f)(6): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the information specified under paragraphs (f)(6)(i) through (ii):  In the cultivation and production area at 1 Exchange Street.,  Athol, MA:  On January 7, 2025, and at times prior, the employer did not ensure that secondary containers for chemicals are labeled with the identity, and at least general information regarding the hazards of the chemicals contained.  Isopropyl alcohol was stored in at least five locations with either no hazardous chemical identification or lacking all requirements of (f)(6)(i) through (f)(6)(ii).

Issued

Mar 14, 2025

Abate by

Apr 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets (SDS) for each hazardous chemical and did not ensure that they were readily accessible during each work shift to employees when they are in their work area(s).  In the cultivation and production area at 1 Exchange Street., Athol, MA:  On January 7, 2025, and at times prior, the employer did not ensure that a safety data sheet for cannabis was made available, or included in a hazard communication program, to employees who perform the cultivation and production.

Issued

Mar 14, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1): The employer did not 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 physical or health hazard the employees had not previously been trained about was introduced into their work area:  In the cultivation and production area at 1 Exchange Street.,  Athol, MA:  On January 7, 2025, and at times prior, the employer did not provide employees with effective information and training, upon initial assignment, on hazardous chemicals such as, but not limited to, cannabis, isopropyl alcohol, and silver bullet.

Issued

Mar 14, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.  At 1 Exchange Street.  Athol, MA:  On January 7, 2025, and at times prior, the employer had not verified, through a written certification, that an assessment to determine if hazards related, but not limited to, cannabis, Silver Bullet, and isopropyl alcohol, were present that necessitated the use of PPE to protect employees working in the area of grinding and/or cultivation of cannabis.