OSHA Inspection: BERLON INDUSTRIES, LLC

Issued

2023-08-09 00:00:00

Penalty

Initial $6641.00 · Current $4233.00 Reduced

Hazardous substances E101

General-duty citation text

29 CFR  1910.307(c)(3): The equipment used in the hazardous(classified) location was not of the type and design that would provide protection from the hazards arising from the combustibility and flammability of vapors, liquids, gases, dusts, or other fibers involved.     On or about May 11, 2023,  an employee was applying powder paint, a class II combustible dust, inside a powder paint booth with 110 VAC light and  110 VAC speaker that were not rated for a class II location.

Issued

2023-08-09 00:00:00

Abate by

2023-11-09 00:00:00

Penalty

Initial $4687.00 · Current $2987.00 Reduced

Hazardous substances 9135T405

General-duty citation text

29 CFR  1910.107(d)(2): Spraying areas were not provided with adequate mechanical ventilation to remove flammable vapors, mists, or powders to a safe location and to confine and control combustible residues so that life was not endangered. Mechanical ventilation was not kept in operation at all times while spraying operations were being conducted and for a sufficient time thereafter to allow vapors from drying coated articles and drying finishing material residue to be exhausted.  On May 11, 2023, one powder painter employee was exposed to an 8-hour  time weighted average of 17.14 mg/m3 for total particulates not otherwise regulated, approximately 1.16 times the permissible exposure limit of 15.0 mg/m3. The exposure level was derived from four samples collected over 388 minutes; the remaining 92 minutes was calculated as zero (0) exposure time.

Issued

2023-08-09 00:00:00

Abate by

2023-11-09 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9135T405

General-duty citation text

29 CFR  1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of total particles not otherwise regulated listed in Table Z-1 in excess of the 8-hour Time Weighted Average concentration of 15.0 mg/m3:  On May 11, 2023, one powder painter employee was exposed to an 8-hour  time weighted average of 17.14 mg/m3 for total particulates not otherwise regulated, approximately 1.16 times the permissible exposure limit of 15.0 mg/m3. The exposure level was derived from four samples collected over 388 minutes; the remaining 92 minutes was calculated as zero (0) exposure time.

Issued

2023-08-09 00:00:00

Abate by

2023-09-07 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9135

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 prescribed in 29 CFR 1910.1000(a) through (d):  On May 11, 2023, one powder painter employee was exposed to an 8-hour  time weighted average of 17.14 mg/m3 for total particulates not otherwise regulated, approximately 1.16 times the permissible exposure limit of 15 mg/m3. The exposure level was derived from four samples collected over 388 minutes; the remaining 92 minutes was calculated as zero (0) exposure time.  Feasible administrative and engineering controls were not implemented to reduce employees exposure below  total particulates not otherwise regulated permissible exposure limit of 15 ppm.   Abatement normally will be multistep as follows:    STEP 1: Effective respiratory protection shall be provide 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.   Abatement due 30 days from issuance date:    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 exposure to hazardous substance as referenced in this Citation. This plan shall include, at a minimum, target dates for the following actions which must be consistent with the abatement dates required by this Citation:  1.	Evaluation of engineering/administrative control options; 2.	Selection of optimum control methods and completion of design; 3.	Procurement, installation, and operation of selected control measures; and 4.	Testing and acceptable or modification/redesign of controls. All proposed control measures shall be approved for each particular use by a competent industrial hygienist or other technically qualified person. Abatement due 60 days from issuance date:  STEP 3: Abatement shall have been completed by the implementation of feasible engineering and/or administrative controls upon verification of their effectiveness in achieving compliance. Abatement due 90 days from issuance date:

Issued

2023-08-09 00:00:00

Penalty

Initial $6641.00 · Current $4233.00 Reduced

Hazardous substances 0527T405

General-duty citation text

29 CFR  1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:  On or about May 11, 2023, an employee was not wearing personal protective equipment, including but not limited to, protective clothing to prevent skin contact, when applying powder paint containing carbon black and TGIC (1,3,5 Triglycidyl Isocyanurate).

Issued

2023-08-09 00:00:00

Abate by

2023-11-09 00:00:00

Penalty

Initial $4687.00 · Current $2987.00 Reduced

Hazardous substances 9135T405

General-duty citation text

29 CFR  1910.134(d)(1)(iii):  The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  On or about May 11, 2023, an employee's powder painting exposure to total particles not otherwise regulated and TGIC (1,3,5 Triglycidyl Isocyanurate) was not evaluated.

Issued

2023-08-09 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 9135T405

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  On or about March 02, 2023, the employer did not provide a medical evaluation for an employee wearing an elastomeric half mask respirator when powder painting.

Issued

2023-08-09 00:00:00

Abate by

2023-09-07 00:00:00

Penalty

Initial $10938.00 · Current $6972.00 Reduced

Hazardous substances 0527T405

General-duty citation text

29 CFR  1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:  On or about May 11, 2023,  an employee working with powder paint containing carbon black and TGIC (1,3,5 Triglycidyl Isocyanurate) was not trained on the health hazards of carbon black and TGIC, and the physical hazards including the combustible nature of the powder paint.