OSHA Inspection: FELKER TRUCK, LLC

Issued

Dec 17, 2025

Penalty

Initial $2,838 · Current $1,700 Reduced

General-duty citation text

29 CFR  1910.28(b)(15):  Except as provided elsewhere in this section or by other subparts of 29 CFR part 1910, the employer must ensure each employee on a walking-working surface 4 feet (1.2 m) or more above a lower level is protected from falling by guardrail systems, safety net systems, or personal fall protection systems, such as personal fall arrest, travel restraint, or positioning systems:  On or about July 23, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; employees were exposed to fall hazards from the tops of fuel oil truck tanker trailers while conducting power washing of the tankers without any fall protection.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $2,838 · Current $1,700 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(d)(1): When information indicates that any employee's exposure may equal or exceed an 8-hour time-weighted average of 85 decibels, the employer shall develop and implement a monitoring program:  On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not develop and implement a noise monitoring program when information indicated that employees' exposure to noise may equal or exceed an 8-hour TWA of 85 decibels. The employer did not conduct noise monitoring when an employee was directed to conduct weld cleaning with a powered wire wheel in the confined space tank of a LP Transport truck.

Issued

Dec 17, 2025

Abate by

Feb 6, 2026

Penalty

Initial $2,270 · Current $0 Reduced

General-duty citation text

29 CFR  1910.134(d)(1)(iii): The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant's chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH:  On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not evaluate the reasonable estimate of an employee's exposure to respiratory hazards when directed to conduct weld cleaning with a powered wire wheel in the confined space tank of a LP Transport truck. The employer did not determine the employee's personal exposure to particulate not otherwise regulated (PNOR) from dust generated in the confined space during the task.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $2,270 · Current $1,360 Reduced

General-duty citation text

29 CFR  1910.134(c)(2)(ii): The employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user:  On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not implement a written respirator protection program for voluntary use of respirators. The employer's program was not implemented to ensure that an employee who was allowed to use a full-face negative pressure tight-fitting 3M respirator voluntarily used it in a manner that did not present a health hazard to the user.  All provisions of 29 CFR 1910.134(c)(2)(ii) must be contained in a written voluntary use respiratory protection program. Key elements include, but are not limited to:  1) Medical clearance for respirator use 2) Ensure proper respirator cleaning, storage and maintenance 3) Training in use, limitations, and respirator manufacturer's directions

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

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. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.   On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not provide a medical evaluation to determine an employee's ability to use a full-face negative pressure tight-fitting 3M respirator when the employee was allowed to use the respirator voluntarily.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

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 September 3, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not ensure an employee stored their tight-fitting negative pressure full-face 3M respirator in a manner that would protect it from damage, contamination, dust and conditions that could deform the facepiece. The respirator was hung from a hook in a coat room which was open to the rest of the shop.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(6): The basic advisory information on respirators, as presented in Appendix D of this section, shall be provided by the employer in any written or oral format, to employees who wear respirators when such use is not required by this section or by the employer:   On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not provide the basic advisory information on respirators, as presented in Appendix D of this section, to an employee who was allowed to wear a full-face negative pressure tight-fitting 3M respirator voluntarily.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $2,838 · Current $1,700 Reduced

General-duty citation text

29 CFR  1910.146(k)(2)(iv): An employer whose employees have been designated to provide permit space rescue and emergency services shall ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed:  On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not ensure employees, designated to provide permit space rescue and emergency services, practiced making permit space rescues at least once every 12-months when employees were entering the permit required confined space truck tanker trailers.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(3)(ii): The other end of the retrieval line shall be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical type permit spaces more than 5 feet (1.52 m) deep:  On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not ensure that the retrieval line connected to a permit space entrant's body harness was attached to a mechanical device outside the permit space. The retrieval line was tied to the manlift basket used by the entrant to access the permit space of the truck tanker trailer.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $2,838 · Current $1,700 Reduced

General-duty citation text

29 CFR  1910.178(a)(4): Modifications and additions which affect capacity and safe operation shall not be performed by the customer or user without manufacturers prior written approval. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly:  On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not obtain approval from the manufacturer of the Nissan propane forklift, Model: KPH02A25V, Chassis No. KPH02-900339, when the lift was modified and used with additions by:  a) A hole in a fork on the lift, which was used to move trailers around the facility and property.  The modification of the fork would affect the capacity and safety operation exposing employees to struck by hazards if the fork failed during towing or lifting.  b) A manlift basket with cantilevered winch, which was used to raise employees to access upper areas of truck tanker trailers. The addition affected the capacity and safe operation exposing employees to fall and struck by hazards if the lift tipped or forks/mast dropped.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(a)(5): If the truck is equipped with front-end attachments other than factory installed attachments, the user shall request that the truck be marked to identify the attachments and show the approximate weight of the truck and attachment combination at maximum elevation with load laterally centered:  On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not request or mark the Nissan propane forklift, Model: KPH02A25V, Chassis No. KPH02-900339, to identify the manlift basket attachment and show the approximate combined weight of the truck and attachment. The nameplate did not identify any limitations in the forklift's capacity due to the potential loads from the uncentered cantilevered winch on the manlift basket attachment.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $3,972 · Current $0 Reduced

General-duty citation text

29 CFR  1910.178(m)(5)(iii):  When the operator of an industrial truck is dismounted and within 25 ft. of the truck still in his view, the load engaging means shall be fully lowered, controls neutralized, and the brakes set to prevent movement.   On August 18, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the operator of the Nissan propane forklift, Model: KPH02A25V, Chassis No. KPH02-900339, when dismounted and with 25 feet of the truck did not lower the forks, and neutralize the controls to prevent movement. The operator lifted the attached manlift basket to the port hole on an LP truck tank trailer as part of a permit space entry of the tank. With the load engaged and elevated, the operator dismounted the truck and utilized a ladder to access the manlift basket to act as attendant for the permit space entry.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $2,838 · Current $1,700 Reduced

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(d)(1): Each employer who has a workplace or work operation covered by this section shall determine the 8-hour TWA exposure for each employee exposed to chromium (VI). This determination shall be made in accordance with either paragraph (d)(2) or paragraph (d)(3) of this section:   On September 2, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer had not determined the 8-hour TWA exposure for each employee exposed to chromium (VI) during welding and/or plasma cutting of stainless steel.

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1026(l)(1)(iii): Employers shall include chromium (VI) in the hazard communication program established to comply with the HCS (§ 1910.1200). Employers shall ensure that each employee has access to labels on containers of chromium (VI) and to safety data sheets, and is trained in accordance with the requirements of HCS and paragraph (l)(2) of this section:   On September 2, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not provide training to employees, who were conducting welding on stainless steel workpieces, in accordance with the hazard communication standard regarding chromium (VI). The employees were not informed of the presence of chromium (VI) in the workplace, the operations that could expose the employees to chromium (VI), the potential health hazards posed by chromium (VI), nor how the employees could protect themselves from the hazards of chromium (VI).

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

Penalty

Initial $0 · Current $0

Hazardous substances 0689

General-duty citation text

29 CFR  1910.1026(l)(2)(i): The employer shall ensure that each employee can demonstrate knowledge of at least the contents of this section and the purpose and a description of the medical surveillance program required by paragraph (k) of this section:  On September 2, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not ensure that employees exposed to chromium (VI) when MIG welding and plasma cutting stainless steel, could demonstrate the knowledge of the contents of this section and the purpose and a description of the medical surveillance program for chromium (VI).

Issued

Dec 17, 2025

Abate by

Jun 1, 2026

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 September 3, 2025, at a facility located at W9576 Poker Flats Court in Dale, Wisconsin; the employer did not verify through written certification that a hazard assessment for the use of personal protective equipment (PPE) had been conducted. The employer provided and required PPE generally and for specific tasks; however, the employer did not document that they had conducted a hazards assessment to determine the appropriate PPE for the general shop or specific tasks.