OSHA Inspection: BLUE WAVE CUTTING & FABRICATION, LLC

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $3,547 · Current $1,774 Reduced

General-duty citation text

29 CFR  1910.106(d)(2)(i): Only approved containers and portable tanks shall be used. Metal containers and portable tanks meeting the requirements of and containing products authorized by chapter I, title 49 of the Code of Federal Regulations (regulations issued by the Hazardous Materials Regulations Board, Department of Transportation), shall be deemed to be acceptable:  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; a container of paint thinner (Flammable liquid, Category 3) used for cleaning paint guns in the spray area was not in an approved metal container authorized by chapter 1, title 49 of the Code of Federal Regulations.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.106(e)(2)(ii)(b)(2):  The quantity of liquid that may be located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building shall not exceed 120 gallons of Category 2, 3, or 4 flammable liquids in containers:  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer had greater than 120 gallons of Category 2, 3, or 4 flammable liquids in the Paint area located outside of an inside storage room or storage cabinets. Approximately 190 gallons of flammable liquids in containers, consisting of approximately three (3) 55-gallon drums, six (6) 5-gallon buckets, and four (4) 1-gallon buckets, were located in the spray area. One 55-gallon drum was located in the spray area and connected to the spray painting equipment. The remainder of the containers of flammable liquids were located in a steel cabinet (non-compliant flammable storage cabinet) which was located in the spray room adjacent to the spray area.

Issued

Jul 8, 2025

Penalty

Initial $3,547 · Current $1,773 Reduced

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not establish and implement a written respiratory protection program when Painter employees were required to wear negative pressure tight-fitting half-face respirators while the employee conducted spray finishing in a spray area.  All provisions of 29 CFR 1910.134(c) through (m) shall be contained in a written Respiratory Protection Program. Key elements include, but are not limited to the following:  1) Respirator selection 2) Filter changeout schedules 3) Medical evaluations for respirator use 4) Fit testing 5) Employees training on use, limitations, care and storage of respirators 6) Program evaluation 7) Recordkeeping

Issued

Jul 8, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(d)(1)(ii):  The employer shall select a NIOSH-certified respirator. The respirator shall be used in compliance with the conditions of its certification:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not select a NIOSH-certified respirator when Painter employees were required to wear negative pressure tight-fitting half-face respirators while the employee conducted spray finishing in a spray area.

Issued

Jul 8, 2025

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:   On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did provide medical evaluations to each Painter employee to determine their ability to use negative pressure tight-fitting half-face respirators when the employees were conducting spray finishing in the spray area.

Issued

Jul 8, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(1): The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not ensure that Painter employees using negative pressure tight-fitting half-face respirators passed an appropriate QLFT or QNFT before they were required to use the respirators while conducting spray finishing in the spray area.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k): This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not provide effective training to Painter employees who were required to wear negative pressure tight-fitting half-face respirators while the employees conducted spray finishing in the spray area.  All provisions of 29 CFR 1910.134(k)(1) through (k)(6) shall be provided to employees wearing respirators. Key elements include, but are not limited to the following:  1) Reason for respirators use 2) Respirator limitations and capabilities 3) Effective respirator inspection and use 4) Procedures for maintenance, care and storage of respirators 5) Recognition of signs/symptoms that may limit respirator use 6) Voluntary respirator use basic advisory information (Appendix D)

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $2,128 · Current $1,064 Reduced

General-duty citation text

29 CFR  1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition:   On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not ensure a Painter employee's tight-fitting full-face respirator was cleaned and disinfected as often as necessary to be maintained in a sanitary condition. The employees' respirators had accumulations of overspray from when the employee conducted spray finishing in the spray booth.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(2)(i): All respirators shall be stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and they shall be packed or stored to prevent deformation of the facepiece and exhalation valve:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not ensure Painter employees stored their respirators to protect them from contamination, dust, and damaging chemicals. A Painter's respirator was stored in an open box on the workbench in the paint area.

Issued

Jul 8, 2025

Penalty

Initial $3,547 · Current $1,774 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, and which also includes the following:  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not develop or implement a written hazard communication program when employees were working with hazardous chemicals such as, but not limited to flammable paints and solvents, welding gases, and metal fumes.

Issued

Jul 8, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(f)(6)(ii): The employer shall ensure that each container of hazardous chemicals in the workplace is 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, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not ensure that a 5-gallon plastic bucket containing solvent and a 5-gallon metal bucket containing paint were labeled, tagged, or marked with the identity or the hazards of the respective chemicals within each container.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets (SDS) for each hazardous chemical, and shall ensure that they are readily accessible during each work shift to employees when they are in their work area(s). (Electronic access and other alternatives to maintaining paper copies of the safety data sheets are permitted as long as no barriers to immediate employee access in each workplace are created by such options.)  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not ensure that copies of the required safety data sheets for each hazardous chemical in the workplace were accessible. Neither the employees nor the employer was aware of the location of the SDS in the facility when employees were working with hazardous chemicals such as, but not limited to flammable paints and solvents, welding gases, and metal fumes.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

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:  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not provide employees with information and training on the hazards of the chemical in their work areas. Painters and Welder/Fabricators were exposed to hazardous chemicals in their work areas such as, but not limited to flammable paints and solvents, welding gases, and metal fumes.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(2): Employees shall be informed of: (i) The requirements of this section; (ii) Any operations in their work area where hazardous chemicals are present; and (iii) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section:  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not inform employees of: the requirement of the Hazard Communication section; or any operations in their work areas where hazardous chemicals were present. Painters and Welder/Fabricator employees were exposed to hazardous chemicals in their work areas such as, but not limited to flammable paints and solvents, welding gases, and metal fumes.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(3):  Employee training shall include at least the topics from (h)(3)(i) through (h)(3)(iv) of this section:  On or about April 9, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not provide training to employees regarding:  (i) how employees could detect hazardous chemicals in the work areas;  (ii) the physical hazards, health hazards and combustible dust hazards of the chemicals in their work areas;  (iii) the measures employees could take to protect themselves from hazardous chemicals through procedures and/or personal protective equipment (PPE); and  (iv) the details of a hazard communication program including descriptions of labeling on containers and safety data sheets (SDS).   Painters and Welder/Fabricator employees were exposed to hazardous chemicals in their work areas such as, but not limited to flammable paints and solvents, welding gases, and metal fumes.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.107(c)(6): Electrical wiring, motors, and other equipment outside of but within twenty (20) feet of any spraying area, and not separated there from by partitions, shall not produce sparks under normal operating conditions and shall otherwise conform to the provisions of subpart S of this part for Class I, Division 2 Hazardous Locations:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; where flammable liquid paints were spray-applied to workpieces, electrical components located outside of the spray area, but within 20 feet, were not separated by partitions and were not rated for Class 1 Division 2 hazardous locations,  potentially exposing employees to fire and flash fire hazards. Outlet receptacles were located approximately 11.8 feet from the spray areas. A circuit breaker panel was located approximately 12.6 feet from the spray area.

Issued

Jul 8, 2025

Abate by

Dec 23, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.107(d)(5):  Electric motors driving exhaust fans shall not be placed inside booths or ducts. See also paragraph (c) of this section:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the electric motor driving the exhaust ventilation fan in the spray room was located inside the exhaust ventilation's ductwork. Flammable vapors generated during the spray painting of workpieces in the spray room could be ignited by the electric motor potentially exposing employees to hazards from fires and flash fires.

Issued

Jul 8, 2025

Abate by

Aug 5, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2):  The employer shall 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:  On or about March 28, 2025, at a facility located at 659 Main Street in Reedsville, WI; the employer did not verify through written certification that a workplace hazard assessment for personal protective equipment (PPE) had been performed when employees were provided and required to PPE such as but not limited to; eye protection in the form of safety glasses; foot protection in the form of safety toed shoes; eye and hand protection in the form of welding helmets and gloves; respirator protection, and body protection from sprayed paint in the form of half-face respirators and coveralls.