OSHA Inspection: ESSMETRON

Issued

2013-09-06 00:00:00

Abate by

2013-12-10 00:00:00

Penalty

Initial $5400.00 · Current $3240.00 Reduced

General-duty citation text

29 CFR 1910.1000(a)(2):  Employees were exposed to copper fume, listed in Table Z-1, in excess of the Permissible Exposure Limit (PEL):    (a)   ESSMetron, 1505 W Third Ave., Denver, CO 80223:  On July 16, 2013, ESSMetron did not ensure that employee exposure to copper fume did not exceed the 8 hour Time Weighted Average (TWA). Employee A was exposed to Copper fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.10 mg/m3.  The employee was exposed to copper fume at a concentration of 0.17 mg/m3 as an 8 hour TWA.  This is 1.7 times the PEL.  Air monitoring was conducted for 455 minutes.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-12-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits described in 29 CFR 1910.1000(a) through (d):    (a)   ESSMetron, 1505 W Third Ave., Denver, CO 80223:  On July 16, 2013, ESSMetron did not ensure that employee exposure to a substance listed in Table Z-1 did not exceed the 8 hour Time Weighted Average (TWA) for that substance.  Four employees were welding on the area. This process generated copper fumes. On July 16 one employee was exposed to copper fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.1 mg/m3.  The employee was exposed to copper fume at a concentration of 0.17 mg/m3 as an 8 hour TWA.  This is 1.7 times the PEL.  Air monitoring was conducted for 455 Minutes.    Abatement Note:  Feasible engineering controls include, but are not limited to:    1)                  Local exhaust ventilation; and    2)                  Ensuring the general ventilation of the area is adequate, and    3)                  Increasing the general ventilation system in the area.      STEP 1:           Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.     STEP 1 ABATEMENT (15 DAYS):  September 23, 2013                        STEP 2:           Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to silica. The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:    (a)    Evaluation of the extent and location of the hazard source    (b)   Evaluation of control measure options    (c)    Selection of optimum control measures    (d)   Determination of control measure design    (e)    Ordering and delivery of equipment    (f)    Installation of control measures    (g)   Training of employees in proper operation and maintenance of newly implemented control measures    (h)   Assurance of the effective performance of control measures    All proposed control measures shall be evaluated for each particular use but a competent Industrial Hygienist or other technically qualified person. Thirty (30) day progress reports are required during the abatement period. The progress report must identify the action taken to achieve abatement and the date the action was taken.     STEP 2 ABATEMENT DATE (60 DAYS): November 5, 2013      Step 3:             Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.     STEP 3 ABATEMENT DATE (90 DAYS): December 5, 2013    Abatement Note: Abatement certification and documentation are required for this item (see enclosed Sample Abatement Certification Letter).

Issued

2013-09-06 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(d)(1)(iii):  The employer did not evaluate the respiratory hazard(s) in the workplace including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state and physical form:     (a)               ESSMetron, 1505 W. Third Ave., Denver, CO 80223: On and before March 27, 2013, the employer did not conduct air monitoring to determine employees' exposure to the air contaminants associated with the welding and painting operations performed at the job site.  This condition exposed employees to respiratory hazards.     Abatement Note:  Abatement certification is not required for this item.

Issued

2013-09-06 00:00:00

Abate by

2013-10-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(e)(1):  The employer did not provide a medical evaluation to determine the employee' ability to use a respirator, before the employees were fit tested or required to use a respirator in the workplace:    (a)               ESSMetron, 1505 W. Third Ave., Denver, CO 80223: On and before March 27, 2013, the employer did not ensure that all employees who wear a tight fitting respirator had received medical evaluations.        Abatement Note:  Abatement certification is required for this item (See enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-10-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) annually:     (a)   ESSMetron, 1505 W, Third Ave., Denver, CO 80223 On and before March 27, 2013, the employer did not ensure that employees they required to wear MSA tight-fitting half mask respirators passed a fit test on an annual basis.                                                                  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-12-10 00:00:00

Penalty

Initial $5400.00 · Current $3240.00 Reduced

General-duty citation text

29 CFR 1910.1025(c)(1): Employee(s) were exposed to lead at concentrations greater than fifty micrograms per cubic meter of air averaged over an eight-hour period:    (a)   ESSMetron, 1505 W Third Ave., Denver, CO 80223:  On July 16, 2013, ESSMetron did not ensure that employee exposure to lead fume did not exceed the 8 hour Time Weighted Average (TWA). Employee A was exposed to lead fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.05 mg/m3.  The employee was exposed to copper fume at a concentration of 0.258 mg/m3 as an 8 hour TWA.  This is 5.16 times the PEL.  Air monitoring was conducted for 455 minutes.    (b)   ESSMetron, 1505 W Third Ave., Denver, CO 80223:  On July 16, 2013, ESSMetron did not ensure that employee exposure to lead fume did not exceed the 8 hour Time Weighted Average (TWA). Employee B was exposed to lead fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.05 mg/m3.  The employee was exposed to copper fume at a concentration of 0.216 mg/m3 as an 8 hour TWA.  This is 4.32 times the PEL.  Air monitoring was conducted for 453 minutes.    (c)    ESSMetron, 1505 W Third Ave., Denver, CO 80223:  On July 16, 2013, ESSMetron did not ensure that employee exposure to lead fume did not exceed the 8 hour Time Weighted Average (TWA). Employee C was exposed to lead fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.05 mg/m3.  The employee was exposed to copper fume at a concentration of 0.576 mg/m3 as an 8 hour TWA.  This is 11.52 times the PEL.  Air monitoring was conducted for 452 minutes.    (d)   ESSMetron, 1505 W Third Ave., Denver, CO 80223:  On July 16, 2013, ESSMetron did not ensure that employee exposure to lead fume did not exceed the 8 hour Time Weighted Average (TWA). Employee D was exposed to lead fume at a concentration greater than the 8 hour TWA Permissible Exposure Limit (PEL) of 0.05 mg/m3.  The employee was exposed to copper fume at a concentration of 0.273 mg/m3 as an 8 hour TWA.  This is 5.46 times the PEL.  Air monitoring was conducted for 453 minutes.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-12-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1025(e)(1)(ii): For any employee who is exosed to lead above the permissible exposure limit for 30 days or less per year, the employer did not implement engineering controls to reduce the exposure to 200 micrograms per cubic meter:   (a)       ESSMetron, 1505 W. Third Ave., Denver, CO 80223: On and before July 16, 2013, ESSMetron did not implement engineering controls to reduce exposures to 0.20 mg/m3.  Abatement Note:  Feasible engineering controls include, but are not limited to:    1)                  Local exhaust ventilation; and    2)                  Ensuring the general ventilation of the area is adequate, and    3)                  Increasing the general ventilation system in the area.       STEP 1:           Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.     STEP 1 ABATEMENT (30 DAYS):  September 23, 2013                      STEP 2:           Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to silica. The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:    (a)    Evaluation of the extent and location of the hazard source    (b)   Evaluation of control measure options    (c)    Selection of optimum control measures    (d)   Determination of control measure design    (e)    Ordering and delivery of equipment    (f)    Installation of control measures    (g)   Training of employees in proper operation and maintenance of newly implemented control measures    (h)   Assurance of the effective performance of control measures    All proposed control measures shall be evaluated for each particular use but a competent Industrial Hygienist or other technically qualified person. Thirty (30) day progress reports are required during the abatement period. The progress report must identify the action taken to achieve abatement and the date the action was taken.     STEP 2 ABATEMENT DATE (60 DAYS): November 5, 2013       Step 3:             Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.     STEP 3 ABATEMENT DATE (90 DAYS): December 5, 2013    Abatement Note: Abatement certification and documentation are required for this item (see enclosed Sample Abatement Certification Letter).

Issued

2013-09-06 00:00:00

Abate by

2013-10-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

1910.1025(g)(2)(iv): Protective clothing against lead was not removed at the completion of the work shift in change rooms provided for that purpose as prescribed in  29 CFR 1910.1025(i)(2):   (a)        ESSMetron, 1505 W. Third Ave., Denver, CO 80223: On and before July, 16, 2013, the employer did not ensure that employees exposed over the PEL for lead removed clothing only in change rooms. This condition exposes the workplace to cross contamination of areas outside the designated lead area.    Abatement Note: The employer shall assure that change rooms are equipped with separate storage facilities for protective work clothing and equipment and for street clothes which prevent cross-contamination.  Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-10-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

1910.1025(i)(2)(i): Clean change rooms were not provided for employees exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators:  (a)        ESSMetron, 1505 W. Third Ave., Denver, CO 80223: On and before July, 16, 2013, the employer did not provide employees exposed over the PEL for lead, with change rooms. This condition exposes the workplkace to cross contamination of areas outside of the designated lead area.   Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-10-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1025(i)(3)(i): Employee(s) exposed to lead in excess of the permissible exposure limit (PEL), without regard to the use of respirators, were not required to shower at the end of the work shift:   (a)        ESSMetron, 1505 W. Third Ave., Denver, CO 80223: On and before July, 16, 2013, the employer did not ensure that employees exposed over the PEL for lead, showered at the end of their shift.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-10-11 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

1910.1025(i)(3)(iii): The employer did not ensure that employees who were required to shower per 29 CFR 1910.1025(i)(3)(i) did not leave the workplace wearing any clothing or equipment worn during the work shift:   (a)        ESSMetron, 1505 W. Third Ave., Denver, CO 80223: On and before July, 16, 2013, the employer did not ensure employees exposed over the PEL for lead, did not leave the workplace wearing clothing worn during the work shift.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2013-09-06 00:00:00

Abate by

2013-10-11 00:00:00

Penalty

Initial $2700.00 · Current $1620.00 Reduced

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 physical or health 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 material safety datasheets.   (a)    ESSMetron,  1505 W. Third Ave., Denver, CO 80223: On and before March 27, 2013, the employer did not provide employees with training on 1, 3, 5-Triglycidyl Isocyanurate. The employer and employees were unaware that the chemical was in the powder coat paint they use. This condition exposes employees to a sensitizer.    Abatement Note:  Abatement certification is required for this item (see enclosed "Certification of Corrective Action Worksheet").