OSHA Inspection: BENTLEY'S FIREARMS & INDOOR RANGE, LLC

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $5801.00 · Current $3481.00 Reduced

Hazardous substances 1591

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:  On or about July 9, 2022, and at times prior thereto, range worker(s) required to work in the indoor gun range were exposed to airborne concentrations of Lead above 50 microgram per cubic meter of air. This condition exposed employees to inhalation hazards during customer supervision and range cleaning operations:   a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 189.88 micrograms per cubic meter of air, which is over 3 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 466-minute period.     b) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 137.53 micrograms per cubic meter of air, which is approximately 2 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 362-minute period.  c) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 298.04 micrograms per cubic meter of air, which is approximately 5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 441-minute period.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level.  On or about July 8, 2022, and at times prior thereto, the employer did not perform initial air monitoring to determine if employees working at the indoor live firing range were exposed to Lead at or above the action level. Sampling results obtained on or about July 9, 2022, found airborne concentrations of Lead exposures up to 10 times the Action Level(AL) over an 8 hour sampling period.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $5801.00 · Current $3481.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(e)(3)(i): The employer did not establish and implement a written compliance program to reduce exposures to or below the permissible exposure limit, solely by means of engineering and work practice controls.  On or about July 8, 2022,  and times prior thereto, the employer had not implemented a written compliance program to reduce employee exposure to lead to at or below 50 microgram per cubic meter of air by engineering or work practices, exposing employees to lead inhalation hazards.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR  1910.1025(e)(4)(i): When ventilation was used to control exposure to lead, measurements which demonstrate the effectiveness of they system in controlling exposure were not made at least every three months:  On or about July 8, 2022, and times prior thereto, the employer did not take measurements of the ventilation system to ensure the control of airborne lead, exposing employees to lead inhalation hazards.  a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 189.88 micrograms per cubic meter of air, which is over 3 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 466-minute period.     b) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 137.53 micrograms per cubic meter of air, which is approximately 2 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 362-minute period.  c) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 298.04 micrograms per cubic meter of air, which is approximately 5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 441-minute period.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(1)(ii): Respirators for protection against lead were not used or were not provided when engineering and/or work-practice controls were not sufficient to reduce employee exposures to or below the permissible exposure limit.  On or about July 9, 2022, and times prior thereto, Range worker(s) monitoring customers in the indoor gun range were exposed to lead concentrations above 50 micrograms per cubic meter of air and were not required to use respirators while in the areas, exposing employees to lead inhalation hazards.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(f)(2)(i): The employer did not implement a respiratory protection program in accordance with 29 CFR 1910.134(b) through (d) (except (d)(1)(iii)), and (f) through (m) for each employee required by 29 CFR 1910.1025 to use a respirator.  On or about July 8, 2022, and at times prior thereto, for employees required to wear respirators during tasks such as cleaning the shooting range floors. The employer did not implement a written respiratory protection program to include items such as the following: a) Ensuring employees were medically cleared to wear a respirator. b) Ensuring respirators were stored to protect against contamination. c) Prohibiting facial hair to ensure a good respirator to face seal.  d)Training on proper use and care of respirators . These conditions exposed employees to inhalation hazards associated with Lead contaminated air.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $5801.00 · Current $3481.00 Reduced

Hazardous substances BWPB

General-duty citation text

29 CFR 1910.1025(h)(1): All surfaces were not maintained as free as practicable of accumulations of lead:  On or about July 8, 2022 and times prior thereto, the employer did not have an effective program to ensure all surfaces were kept free of lead to include, but not limited to, the door knobs, front sales work benches, refrigerator handle, floor(s), carpet(s) and squeegee handle(s). Wipe samples taken throughout the facility showed multiple areas to be above the U.S. Department of Housing and Urban Development (HUD) guideline of 21.53 ug/100cm2. This condition exposed employees to lead inhalation and ingestion hazards.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(h)(2)(ii): Shoveling, sweeping or brushing methods were used to remove lead accumulations where vacuuming or other equally effective methods were available and feasible.  On or about July 8, 2022, and at times prior thereto, range worker(s) required to clean the indoor gun range used squeegees and dustpans to remove lead dust when vacuuming methods were feasible to the employer. The condition contributed to lead exposure concentrations above 50 micrograms per cubic meter of air, exposing employees to lead inhalation hazards.  a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 189.88 micrograms per cubic meter of air, which is over 3 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 466-minute period.     b) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 137.53 micrograms per cubic meter of air, which is approximately 2 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 362-minute period.  c) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 298.04 micrograms per cubic meter of air, which is approximately 5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 441-minute period.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $5801.00 · Current $3481.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(j)(1)(i): A medical surveillance program was not instituted for all employee(s) who were, or could be exposed to lead above the action level for more that thirty days per year.  On or about July 8, 2022, and at times prior thereto, the employer did not institute a medical surveillance program for employees that were exposed to airborne concentrations of Lead at or above action level while working in the indoor firing ranges, exposing employees to a lead inhalation, absorption and ingestion hazards.  a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 189.88 micrograms per cubic meter of air, which is over 3 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 466-minute period.     b) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 137.53 micrograms per cubic meter of air, which is approximately 2 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 362-minute period.  c) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 298.04 micrograms per cubic meter of air, which is approximately 5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 441-minute period.

Issued

2022-12-29 00:00:00

Abate by

2023-02-16 00:00:00

Penalty

Initial $5801.00 · Current $3481.00 Reduced

Hazardous substances 1591

General-duty citation text

29 CFR 1910.1025(l)(1)(ii): The employer did not train each employee who is subject to exposure to lead at or above the action level, or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of 29 CFR 1910.1025.  On July 8, 2022, and at times prior thereto, employees working in areas with exposure to airborne Lead were not informed of the hazards of lead and the content of Appendices A and B of 29 CFR 1910.1025 of the Occupational Safety and Health Standards, exposing employees to lead inhalation, absorption and ingestion hazards.  a) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 189.88 micrograms per cubic meter of air, which is over 3 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 466-minute period.     b) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 137.53 micrograms per cubic meter of air, which is approximately 2 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 362-minute period.  c) Range worker(s) were exposed to Lead at an 8-hour Time Weighted Average (TWA) up to 298.04 micrograms per cubic meter of air, which is approximately 5 times the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter of air. The exposure level is derived from a sample collected over a 441-minute period.

Issued

2022-12-29 00:00:00

Abate by

2023-01-19 00:00:00

Penalty

Initial $2486.00 · Current $1492.00 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. The program shall address and complete the elements described in this section including, but not limited to, the following: a) Develop a written hazard communication program with a list of hazardous chemicals known to be present in the facility and methods the employer will use to inform employees of the hazards of the chemicals; b) Ensure labeling is maintained for each chemical container; c) Maintain Safety Data Sheets (SDS) for each hazardous chemical in the workplace; d) Train employees on hazardous chemicals in their workplace on the time of their initial assignment and whenever a new chemical hazard is introduced in the employees' workplace. Employees shall be trained on the requirements of this section, operations in their work area where hazardous chemicals are present, and the location and availability of the written hazard communication program including the list of hazardous chemicals and safety data sheets.  On or about July 8, 2022, and times prior thereto, the employer had not developed or implemented a written hazard communication program for employees using chemicals such as, but not limited to, D-Lead Surface Cleaner Concentrate, exposing employees to eye and skin irritation and other health hazards.