This is an interesting “press release” from OSHA. Although OSHA has a “policy” not to use audits and inspections performed within the facility to issue citations against, when the employer does NOT address the hazards identified in the inspections and audits, OSHA can take issue with this failure to abate. This is what seems to have happened here. A complaint initiated the inspection.
OSHA cited a steel fabrication business after finding the company willfully exposed workers to safety and health hazards at its Millville shop.
OSHA issued four willful and seven serious violations and proposed $348,683 in penalties. The agency’s investigation began on July 26, 2023, in response to a complaint.
“A few months before our inspection, the facility hired a safety consultant who identified multiple safety and health hazards at the Millville fabrication shop. However, the company failed to correct the hazards, which is unacceptable” (OSHA Area Director)
Citation 1 Item 1
Type of Violation: Serious; $6,453
29 CFR 1910.106(e)(6)(ii): Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100°F (37.8 °C), were dispensed into containers without the nozzle and container being electrically interconnected:
a) Fabrication Shop – Paint Side: On or about 7/26/2023, the employer did not ensure that 55 gallon drums of Sumter Coatings Inhibitive Shop Coat, a class 2 flammable, were grounded when dispensing flammable liquids.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 2a
Type of Violation: Serious; $4,839
29 CFR 1910.134(g)(1)(i)(A):Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:
a) Fabrication Shop: On or about 7/26/2023, an employee who was provided and required to wear a 3M 7502 elastomeric half face respirator was not clean shaven to ensure a sealing surface between the face and facepiece.
NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
Citation 1 Item 2b
Type of Violation: Serious
29 CFR 1910.134(k)(1)(i):The employer did not ensure that each employee could demonstrate knowledge of why the respirator was necessary and how improper fit, usage, or maintenance could compromise the protective effect of the respirator:
a) Fabrication Shop – Paint Side: On or about 7/26/2023, the employer did not ensure that each employee provided and required to wear a respirator, including but not limited to, 3M 7502 elastomeric half face and 3M Versaflo powered air purifying respirator, was trained and could demonstrate knowledge on fit, usage, and maintenance of the respirator.
NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
Citation 1 Item 3
Type of Violation: Serious; $6,453
29 CFR 1910.179(j)(2): The following items were not be inspected for defects at intervals as defined in paragraph (j)(1)(ii) of this section or as specifically indicated, including observation during operation for any defects which might appear between regular inspections:
a) Fabrication Shop – Structural Side: On or about 7/26/2023, four Spanmaster 3 Ton Hoists used to move metal and fabricated metal pieces were not inspected on regular intervals.
b) Fabrication Shop – Detail Side: On or about 7/26/2023, the Trico 5 Ton Hoist used to move metal and fabricated metal pieces was not frequently inspected for defects. On 9/21/2023, the hoist hook was observed to be missing its clasp.
NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
Citation 1 Item 4
Type of Violation: Serious; $4,839
29 CFR 1910.303(b)(2):Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:
a) Production Building: On or about 7/26/2023, circuit breakers were being used as a switch to turn lights and power on and off in the building, without being rated as a SWD.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 5a
Type of Violation: Serious; $8,067
29 CFR 1910.1200(f)(6)(i): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the information required by 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(v)
a) Fabrication Shop – Detail Side: On or about 7/26/2023, an IBC Tote with blueish liquid and an attached fuel pump was not labelled with its contents or hazards.
NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
Citation 1 Item 5b
Type of Violation: Serious
29 CFR 1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they used:
a) Fabrication Shop: On or about 7/26/2023, the employer did not have safety data sheets for all chemicals used on site including, but not limited to Carboline Carbomastic 90 Part B (a corrosive) and Sumpter Coatings Redispray Inhibitive ShopCoat Primer.
NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
Citation 2 Item 1
Type of Violation: Willful – Serious; $69,140
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:
a) Production Building: On or about 7/26/2023, employees who were provided and required to wear respirators, including but not limited to, 3M 7700 half face elastomeric respirators and 3M Versaflo powered air purifying respirators, were not medically evaluated for respirator use prior to using the respirator.
NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.
Citation 2 Item 2
Type of Violation: Willful – Serious; $82,964
29 CFR 1910.179(j)(3):Complete inspections of the crane were not being performed at intervals as generally defined in paragraph (j)(1)(ii)(b) of this section:
a) Fabrication Shop – Structural Side: On or about 7/26/2023, four Spanmaster 3 Ton Hoists used to move metal and fabricated metal pieces were not inspected within the last 12 months.
b) Fabrication Shop – Detail Side: On or about 7/26/2023, the Trico 5 Ton Hoist used to move metal and fabricated metal pieces was not inspection within the last 12 months.
Citation 2 Item 3
Type of Violation: Willful – Serious; $82,964
29 CFR 1910.252(b)(2)(iii): Workers and other persons adjacent to the welding area were not protected from the rays by noncombustible or flameproof screens or shields:
a) Fabrication Building: On or about 7/26/2023, employees were not utilizing welding screens in the welding area to protect employees adjacent to the welding areas and others walking through the facility.
Citation 2 Item 4
Type of Violation: Willful – Serious; $82,964
29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:
a) Fabrication Shop: On or about 7/26/2023, the employer did not provide training to employees on chemicals used in the facility including, but not limited to, Sumpter Coatings Inhibitive Shop Coat, Carboline Carbomastic 90 Part B (a corrosive), and Acetylene gas cylinders.
CLICK HERE for the citations