OSHA has cited a carpet restoration, plumbing, and resurfacing contractor for exposing employees to safety and health hazards after a fatal incident at a worksite. The company faces $183,127 in penalties. OSHA initiated an investigation after an employee suffered fatal injuries after inhaling lacquer thinner, which was used to resurface a bathtub. OSHA cited the company for
- failing to evaluate the chemical wash cleaning task and determine workers’ level of exposure to the lacquer thinner
- improperly labeling mixtures used to clean and resurface bathtubs and countertops
- exposing employees to a concentration of toluene several times above permissible exposure limits
- allowing flash fire and explosion hazards
- failing to provide suitable facilities for quick drenching and flushing of the eyes and body
- flame retardant clothing
- not performing a personal protective equipment assessment
- using respirators properly
Here is a breakdown of the citations:
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 1a
Type of Violation: Serious; $7,711
29 CFR 1910.106(d)(4)(i):” Inside storage rooms shall be constructed to meet the required fire-resistive rating for their use. On or about March 6, 2020, in the inside storage room and mixing room, employees stored and dispensed flammable liquids for mixing, and the room was not constructed as required for fire-resistive rating, exposing employees to flammable vapors.
Citation 1 Item 1b
Type of Violation: Serious
29 CFR 1910.106(d)(4)(iii): Wiring. Electrical wiring and equipment located in inside storage rooms used for Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100F, shall be approved under subpart S of this part for Class I, Division 2 Hazardous Locations; for Category 3 flammable liquids with a flashpoint at or above 100F and Category 4 flammable liquids, shall be approved for general use.
On or about March 6, 2020, in the inside storage room and mixing room located at 820 Rock Quarry Road, Stockbridge, GA, employees stored and dispensed flammable liquids for mixing, and electrical wiring were not approved for Class I Division 1.
Citation 1 Item 1c
Type of Violation: Serious
29 CFR 1910.106(d)(4)(iv): Ventilation. Every inside storage room shall be provided with either a gravity or a mechanical exhaust ventilation system. Such system shall be designed to provide for a complete change of air within the room at least six times per hour.
On or about March 6, 2020, in the inside storage room and mixing room did not have gravity or mechanical exhaust ventilation exposing workers to chemical, explosion, and fire hazards.
Citation 1 Item 1d
Type of Violation: Serious
29 CPR 1910.178(c)(2)(iii): Only approved power-operated industrial trucks designated as EX were not used in atmospheres containing any of the chemicals referenced in this section in quantities sufficient to produce explosive or ignitable mixtures:
On or about March 6, 2020, in the inside storage room and mixing room, employee operated a powered industrial truck that was designated as EX and not approved to be used in atmospheres containing lacquer solvent vapors exposing workers to an explosion and fire hazard.
Citation 1 Item 2
Type of Violation: Serious; $7,711
29 CPR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered in a manner capable of causing injury or impairment in the function of any part of the body:
On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was exposed to a flash fire and burn hazard while using a highly flammable Lacquer Thinner (Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture) to clean and resurface bathroom bathtubs and countertops. The employer did not provide flame retardant clothing for exposed workers.
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 3a
Type of Violation: Serious; $5,783
29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards were present, or were likely to be present, which necessitated the use of personal protective equipment:
a) On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was exposed to face, eyes and hand hazards while using a highly flammable Lacquer Thinner consisting of a Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture to clean and resurface bathroom bathtubs and countertops without an adequate PPE assessment and enforcement. The hazard assessment was deficient because it did not evaluate the need for chemical goggle or a face shield for employees using hazardous liquid chemicals.
Citation 1 Item 3b
Type of Violation: Serious;
29 CFR 1910.133(a)(1): Protective eye equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment:
On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was exposed to an eye injury and a skin irritation hazard while using a highly flammable Lacquer Thinner consisting of a Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture to clean and resurface bathroom bathtubs and countertops without using chemical googles or a face shield.
Citation 1 Item 3c
Type of Violation: Serious
29 CFR 1910.138(a): The employer did not select and require employee(s) to use appropriate hand protection when employees’ hands were exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasion; punctures; chemical burns; thermal burns; and harmful temperature extremes:
On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was exposed to hand injury and a skin irritation hazard while using a highly flammable Lacquer Thinner consisting of a Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture to clean and resurface bathroom bathtubs and countertops. The employer did not ensure employees wore adequate hand protection.
Citation 1 Item 4
Type of Violation: Serious; $5,783
29 CPR 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) On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was provided and required to use a half-face, negative pressure respirator when chemical washing a bathtub. The employee was wearing a half-face, negative
pressure respirator with a beard.
b) On or about February 12, 2020, in the residential bathroom located at Eastwood Village Apartments, an employee was provided and required to use a full face, negative pressure respirator when chemical washing a bathtub. The employee was wearing a full face, negative pressure respirator with a beard.
Citation 1 Item 5
Type of Violation: Serious; $7,711
29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:
On or about March 6, 2020, in the inside storage and mixing room employees were exposed to corrosive chemicals such as but not limited to the caustic potash liquid, when the employer did not have a suitable facility for quick drenching or flushing eyes and body for immediate use.
Citation 1 Item 6
Type of Violation: Serious; $13,494
29 CFR 1910.307(c)(2)(i): The employer did not ensure that equipment was approved for the class of location and the ignitable or combustible properties of the specific vapor that was present:
a) On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was exposed to flash fire and explosion hazard while using a highly flammable Lacquer Thinner consisting of a Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture to clean and resurface bathroom bathtubs and countertops in a bathroom containing ignition sources such as a light switch, wall outlet, and ventilation fan that could ignite the solvent vapors.
b) On or about February 12, 2020, in the residential bathroom at Eastwood Village Apartments, an employee was exposed to flash fire and explosion hazard while using a highly flammable Lacquer Thinner consisting of a Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture to clean and resurface a bathtub in a bathroom containing ignition sources such as a light switch, wall outlet, and portable ventilation fan that could ignite the solvent vapors.
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 7a
Type of Violation: Serious; $13,494
29 CFR 1910.1000(b)(2): Employee(s) were exposed to an airborne concentration of Toluene listed in Table Z-2 in excess of the ceiling concentration of 300 parts per million (ppm):
a) On or about February 12, 2020, in the residential bathroom located at Eastwood Village Apartments, an employee conducting a chemical wash in an apartment was exposed to toluene at 640 ppm for a 10 minute period. The exposure was derived from a sample taken in which the employee conducted chemical washes of two bathtubs for an actual exposures of 10 minutes of the 20 minute sampling period while wearing a negative pressure respirator.
b) On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee conducting a chemical wash in an apartment was exposed to toluene concentration much greater than the allowable peak exposure standard of 500 ppm, with an approximate calculated exposure of 20,000 to 22,000 ppm for a finite period of time. This exposure greatly exceeds the General Industry Peak Exposure standard for toluene, and also the NIOSH Immediately Dangerous to Life and Health concentration (IDLH) of 500 ppm for toluene, above which self-contained breathing apparatus respiratory protection is required.
Citation 1 Item 7b
Type of Violation: Serious;
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.l000(a) through (d):
Effective engineering controls were not provided in the following:
a) On or about February 12, 2020, in the residential bathroom located at Eastwood Village Apartments, an employee conducting a chemical wash in an apartment was exposed to toluene at 640 ppm for a 10 minute period. The exposure was derived from a sample taken in which the employee conducted chemical washes of two bathtubs for actual exposure of 10 minutes of the 20 minute sampling period while wearing a negative pressure respirator.
b) On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee conducting a chemical wash in an apartment was exposed to toluene concentration much greater than the allowable peak exposure standard of 500 ppm, with an approximate calculated exposure of 20,000 to 22,000 ppm for a finite period of time. This exposure greatly exceeds the General Industry Peak Exposure standard for toluene, and also the NIOSH Immediately Dangerous to Life and Health concentration (IDLH) of 500 ppm for toluene, above which self-contained breathing apparatus respiratory protection is required.
General methods of control applicable in these circumstances include, but are not limited to the following:
1. Evaluate and/or develop local exhaust ventilation system.
However, other methods of abatement may be equally, or more appropriate. The ultimate responsibility for determining the most appropriate abatement method rests with the employer given its superior knowledge of the specific conditions at its worksite.
Abatement Schedule
Step 1 – A written detailed plan of abatement shall be submitted to the Area Director outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to hazardous substances 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;
(4) Testing and acceptance 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. 90-day progress rep01is are required during the abatement period.
Step 2: Abatement shall have been completed by the implementation of feasible engineering and /or administrative controls upon verification of their effectiveness in achieving compliance.
Citation 1 Item 8
Type of Violation: Serious; $5,783
29 CFR 1910.1200(f)(6): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the information specified under paragraphs (f)(6)(i) through (ii) of this section:
On or about October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was exposed to skin irritation hazard while using a highly flammable Lacquer Thinner consisting of a Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture to clean and resurface bathroom bathtubs and countertops and the container used inside the bathtub was not properly labeled.
Citation 2 Item 1
Type of Violation: Willful; $11,5657
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 October 7, 2019, in the residential bathroom located at Hampton Place Apartments, an employee was exposed to a potential chemical overexposure hazard while wearing a negative pressure respirator for protection while using a highly flammable Lacquer Thinner consisting of a Toluene, Acetone, Isopropyl Alcohol, MEK, and Glycol Ether mixture to conduct a chemical wash of a bathroom bathtub. Evaluation of the chemical wash cleaning task was not performed and an identification of the employees reasonable daily exposure was not evaluated. The employer did not evaluate the exposure to the lacquer thinner.
Citation 3 Item 1
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.29(b)(2): The employer did not ensure that midrails, screens, mesh, intermediate vertical members, solid panels, or equivalent intermediate members are installed between the walking-working surface and the top edge of the guardrail system as follows when there is not a wall or parapet that is at least 21 inches (53 cm) high:
On or about March 6, 2020, Warehouse – In the inside storage and mixing room located at 820 Rock Quatry Road, Stockbridge, GA, employees were exposed to fall hazards of approximately 4.5 feet to the concrete below in that the employer did not ensure that there was a mid- rail when accessing the mixing tank.
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