OSHA Inspection: NICK'S METAL FABRICATING & SON'S, INC.

Issued

May 8, 2025

Abate by

Aug 1, 2025

Penalty

Initial $3,783 · Current $2,300 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  (a) Shop area - On or about March 27, 2025, employees were exposed to the chemical hazards of Carbit paint products (flammable, skin irritant, eye irritant, and a nervous system depressant) and Sherwin Williams Mineral Spirits (flammable and a central nervous system depressant) while performing painting tasks.  The employer did not develop and implement a written hazard communication program.  Abatement certification is required for this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

May 8, 2025

Abate by

Aug 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was 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, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.  (a) Shop area - On or about March 27, 2025, employees were exposed to the chemical hazards of Carbit paint products (flammable, skin irritant, eye irritant, and a nervous system depressant) and Sherwin Williams Mineral Spirits (flammable and a central nervous system depressant). Paint products had been transferred into secondary containers which were not labeled with the product identifier or general hazard information.   Abatement certification is required for this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

May 8, 2025

Abate by

Aug 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use.  (a) Primary Shop - On or about March 27, 2025, safety data sheets were not maintained in the workplace for hazardous chemicals, including, but not limited to, Sherwin Williams' Mineral Spirits, Carbit Red Q.D. Rust inhibiting Primer, and Carbit Gray Q.D. R.I. Primer.   Abatement certification is required for this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

May 8, 2025

Abate by

Aug 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  (a) Shop area - On or about March 27, 2025, employees were exposed to the chemical hazards of Carbit paint products (flammable, skin irritant, eye irritant, and a nervous system depressant) and Sherwin Williams Mineral Spirits (flammable and a central nervous system depressant) while performing painting tasks.  The employees were not provided effective information and training on the hazardous chemicals in their work area.   Abatement certification is required for this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

May 8, 2025

Penalty

Initial $946 · Current $0 Reduced

General-duty citation text

29 CFR  1904.32(a)(4): The employer did not post an OSHA 300A Form or equivalent by February 1 thru April 30.  On or about March 27, 2025, the employer did not post an OSHA 300A form or equivalent.

Issued

May 8, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1904.33(a): The employer did not maintain the OSHA 300 log, the privacy case list, the annual summary  and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that those records covered.  On or about March 27, 2025 the employer did not maintain the 2023 annual summary, 2023 OSHA 300 log, 2022 annual summary, and 2022 OSHA 300 log.

Issued

May 8, 2025

Abate by

Aug 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify, through a written certification, that the required workplace hazard assessment had been performed:  (a) Shop area - On or about March 27, 2025, the employer did not verify, through written certification, that a personal protective equipment hazard assessment had been performed. Employees were exposed to the chemical hazards of Carbit paint products (flammable, skin irritant, eye irritant, and a nervous system depressant) and Sherwin Williams Mineral Spirits (flammable and a central nervous system depressant) while performing painting tasks as well as other hazards associated with a machine shop such as sparks or flying debris.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.13(c).Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.13(c).