OSHA Inspection: SINCLAIR & RUSH, INC.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(c)(1): Eight-hour time-weighted average (TWA) PEL. The employer shall ensure that no employee is exposed to an airborne concentration of MC in excess of twenty-five parts of MC per million parts of air (25 ppm) as an 8-hour TWA.   a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about October 5, 2021, an assembly employee used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process was exposed to 54 Parts Per Million (PPM) of Methylene Chloride over 8-hours with zero exposure averaged for any unsampled time.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(d)(3): Where the initial determination showed employee exposures at or above the action limit or above the short term exposure limit, the employer did not establish a periodic exposure monitoring program for methylene chloride in accordance with Table 1:  a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about August 4, 2021, the employer did not establish a periodic exposure monitoring program for assembly employees who used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process . An employee was exposed to 54 Parts Per Million (PPM) of Methylene Chloride over 8-hours with zero exposure averaged for any unsampled time, which is over 2 times the OSHA Permissible Exposure Limit (PEL).

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(d)(4)(i): The employer shall perform exposure monitoring when a change in workplace conditions indicates that employee exposure may have increased. Examples of situations that may require additional monitoring include changes in production, process, control equipment, or work practices, or a leak, rupture, or other breakdown.   a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about August 4, 2021, the employer had not monitored the exposure of assembly employees who used Weldon 3, which contains 75 to 90% Methylene Chloride, for several years, despite changes in workplace conditions, such as but not limited to an increase in the amount of Weldon -3 used and the hood used for ventilation in the area stopped working.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(e)(1): The employer did not establish a regulated area wherever an employee's exposure to airborne concentrations of methylene chloride exceeded or could reasonably be expected to exceed either the 8-hour Time Weighted Average Permissible Exposure Limit or the Short Term Exposure Limit:   a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about August 21, 2021, the employer notified employees that on August 10, 2021, the company had monitored the exposure of assembly employees who used Weldon 3, which contains 75 to 90% Methylene Chloride, and found that there had been an exposure at a Time Weighted Average of 86.6 PPM for the 8 hour period, which exceeded the OSHA PEL of 25 PPM as a Time Weighted Average, but did not establish a regulated area despite being aware that airborne concentrations of methylene chloride could reasonably be expected to exceed the 8 hour Time weighted hour Permissible Exposure Limit.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(f)(1): The employer did not institute and maintain the effectiveness of engineering controls and work practices to reduce employee exposure to or below the permissible exposure limits and wherever the feasible engineering controls and work practices which can be instituted were not sufficient to reduce employee exposure to or below the 8-hour time weighted average permissible exposure limit or short term exposure limit, the employer did not use them to reduce employee exposure to the lowest levels achievable and did not supplement them by the use of respiratory protection that compiled with the requirements of 29 CFR 1910.1052(g):    a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about October 5, 2021, an assembly employee used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process was exposed to 54 Parts Per Million (PPM) of Methylene Chloride over 8-hours with zero exposure averaged for any unsampled time. The employer did not institute engineering controls sufficient to reduce the employee's exposure below the OSHA's 8-hour Time Weighted Average Permissible Exposure Limit of 25 PPM and did not supplement them with the use of respiratory protection.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(g)(1)(i): Respirators were not used during periods when an employee's exposure to methylene chloride exceeds the 8-hour time weighted average permissible exposure limit or short term exposure limit:  a) Extrusion Department, Hand Assembly Permaseal AKA Tube Assembly: On or about October 5, 2021, an assembly employee used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process and was exposed to 54 Parts Per Million (PPM) of Methylene Chloride over 8-hours with zero exposure averaged for any unsampled time. The employer did not provide and require use of respiratory protection to reduce the employee's exposure below the OSHA's 8-hour Time Weighted Average Permissible Exposure Limit of 25 PPM.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(h)(1): Where needed to prevent MC-induced skin or eye irritation, the employer shall provide clean protective clothing and equipment which is resistant to MC, at no cost to the employee, and shall ensure that each affected employee uses it. Eye and face protection shall meet the requirements of 29 CFR 1910.133 or 29 CFR 1915.153, as applicable.   a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about August 4, 2021, assembly employees used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process. The employees pour the Weldon 3, which is a liquid, from the one gallon container into smaller bottles, then used the smaller bottles to deliver the product to a shallow container into which the tube is dipped so the cap could be fused with it. The employer did not provide and require use of aprons, impervious gloves, eye and face protection to reduce the employee's exposure.

Issued

Jan 19, 2022

Penalty

Initial $10,360 · Current $6,216 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(i)(2): If it is reasonably foreseeable that an employee's eyes may contact solutions containing 0.1 percent or greater MC (for example through splashes, spills or improper work practices), the employer shall provide appropriate eyewash facilities within the immediate work area for emergency use, and shall ensure that affected employees use those facilities when necessary.   a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about August 4, 2021, assembly employees used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process and transferred the Weldon 3 from gallon containers, by pouring it into smaller containers without using eye protection. The employer did not provide an eyewash in the immediate work area. The nearest eyewash was about a hundred feet away and the path was blocked by racks of materials.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(j)(1)(i): The employer did not make medical surveillance available for employees who were or potentially were  exposed to methylene chloride at or above the action level on 30 or more days per year, or above the 8-hour time weighted average permissible exposure limit or the short term exposure limit on 10 or more days per year:   a) Extrusion Department, Hand Assembly Permaseal AKA Tube Assembly: On or about October 5, 2021, assembly employees used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process. The employer did not make medical surveillance available to employees who were or were potentially exposed at or above the action level on 30 or more days per year.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $14,502 · Current $8,701 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(l)(1): The employer shall provide information and training for each affected employee prior to or at the time of initial assignment to a job involving potential exposure to MC.   a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about August 4, 2021, assembly employees used Weldon 3, which contains 75 to 90% Methylene Chloride, to fuse the bottoms onto clear plastic cylindrical sections as part of the tube packaging manufacture process. The employer did not provide training to employees who are doing tube assembly with Weldon 3 prior to initial assignment.

Issued

Jan 19, 2022

Abate by

Feb 22, 2022

Penalty

Initial $1,163 · Current $698 Reduced

Hazardous substances 1730

General-duty citation text

29 CFR  1910.1052(d)(5)(ii): When monitoring results indicated that employee exposure was above the eight hour time weighted average  (TWA) permissible exposure limit (PEL) or the short term exposure limit (STEL), the employer did not describe in the written notification the corrective action being taken to reduce employee exposure to or below the eight hour TWA PEL or STEL and/or the schedule for completion of this action:   a) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about August 21, 2021, the employer notified employees that on August 10, 2021, the company had monitored the exposure of assembly employees who used Weldon 3, which contains 75 to 90% Methylene Chloride, and found that there had been an exposure at a Time Weighted Average of 86.6 PPM for the 8 hour period, which exceeded the OSHA PEL of 25 PPM as a Time Weighted Average, but did not describe the corrective action being taken to reduce employee exposure below the TWA PEL and did not include a schedule for completion of this action.   b) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about September 7, 2021, the employer notified employees that on August 26, 2021, the company had monitored the exposure of assembly employees who used Weldon 3, which contains 75 to 90% Methylene Chloride, and found that there had been an exposure at a Time Weighted Average of 43.1 PPM for the 8 hour period, which exceeded the OSHA PEL of 25 PPM as a Time Weighted Average, but did not describe the corrective action being taken to reduce employee exposure below the TWA PEL and did not include a schedule for completion of this action.  c) Extrusion Department, Hand Assembly Permaseal/Tube Assembly: On or about October 15, 2021, the employer notified employees that on October 5, 2021, the company had monitored the exposure of assembly employees who used Weldon 3, which contains 75 to 90% Methylene Chloride, and found that there had been an exposure at a Time Weighted Average of 46.9 PPM for the 8 hour period, which exceeded the OSHA PEL of 25 PPM as a Time Weighted Average, but did not describe the corrective action being taken to reduce employee exposure below the TWA PEL and did not include a schedule for completion of this action.