OSHA has cited a cosmetics manufacturer and proposed fines of $281,220 for failing to protect its employees from dangerous chemicals, and other hazards. In November 2017, OSHA investigated the cosmetics manufacturer after an employee was fatally injured in a fire. The company was cited for 11 violations for fall, and compressed air hazards, and for failing to ensure proper electrical grounding and bonding to prevent flammable vapors from igniting; properly dispose of combustible materials; develop and implement an emergency response plan; provide employees with first responder awareness level training; and record a workplace fatality in its OSHA 300 illness and injury log.
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 1 a
Type of Violation: Serious, $8,130
29 CFR 1910.28(b)(1)(i): The employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that was 4 feet (1.2 m) or more above a lower level was protected from falling by one or more of the following: Guardrail systems, safety net systems, or personal fall arrest systems:
a) Main Building Packaging “A” Area – On December 1, 2017, and at times prior, the employer did not provide a mid-rail for fall protection along the unprotected edge of the area above the offices in the production area used for storage of equipment, only a top guard rail was in place.
Citation 1 Item 1 b
Type of Violation: Serious, GROUPED
29 CFR 1910.29(f)(4): An opening in a stair rail system exceeded 19 inches at its least dimension:
a) Main Building, near Production Line “A” – On December 1, 2017, and at times prior, the employer did not provide a mid-rail for fall protection along the edge of a stairway, and the stairway landing 6 feet above the floor, which created an opening that exceeded 19 inches.
Citation 1 Item 2
Type of Violation: Serious, $12,934
29 CFR 1910.106(e)(6)(i): Adequate precautions were not taken to prevent the ignition of flammable vapors from sources such as open flames; lightning; smoking; cutting and welding; hot surfaces; frictional heat; static, electrical, and mechanical sparks; spontaneous ignition, including heat-producing chemical reactions; and radiant heat:
a) Batching Area in the Main Building – On and prior to November 20, 2017, the employer did not take precautions to prevent ignition of flammable liquids during transfer. Employees were exposed to fire and explosion while transferring flammable liquids including but not limited to Hexamethyldisiloxane (Class 2 flammable liquid ). Sources of ignition were not evaluated including but not limited to the static electricity from polypropylene lab coats and the use of paper towels to clean small spills of flammable liquids.
Citation 1 Item 3
Type of Violation: Serious, $8,130
29 CFR 1910.157(g)(2): The educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage firefighting was not provided to all employees upon initial employment, and at least annually thereafter:
a) On December 1, 2017, and at times prior, the employer designated certain employees for fire extinguisher use, but did not repeat the training at least annually for those employees. The employer must either correct the alleged violation item(s) or implement a Fire Safety Policy, as outlined in 29 CFR 1910.38(a) and (b), which includes the evacuation requirement of 29 CFR 1910.157(b).
Citation 1 Item 4
Type of Violation: Serious, $6,097
29 CFR 1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 psi.
a) Main Building Metal Shop – On December 20, 2017, and at times prior, the employer-provided compressed air for cleaning purposes in the shop area that was at 43 psi, exposing employees to potential air embolism.
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 5 a
Type of Violation: Serious, $10,163
29 CFR 1910.303(f)(2): Each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, was not legibly marked to indicate its purpose, nor located and arranged, so the purpose was evident: a) Main Building Buildings 2, 3, and 4 – On December 1, 2017, and at times prior, the employer did not legibly mark each disconnecting means, and circuit breaker inside panel boxes, as to its purpose.
Citation 1 Item 5 b
Type of Violation: Serious; GROUPED
29 CFR 1910.304(e)(1)(i) : The service disconnecting means was not readily accessible nearest the point of entrance of the facility – entrance conductors: a) Main Building Packaging “A” Area – On December 1, 2017, and at times prior, the service entrance disconnecting means was installed too high to be readily accessible. The switch was mounted approximately 9 feet from the floor, making the handle inoperable from the floor level.
Citation 1 Item 6
Type of Violation: Serious, $12,934
29 CFR 1910.307(c): Equipment, wiring and installations of equipment in hazardous ( classified) locations was not intrinsically safe, approved, or safe for Class 1 Division 2 hazardous (classified) locations:
a) Batching Area in the Main Building Addition – On November 20, 2017, and at times prior, the employer used standard electrical equipment and electrical wirings such as but not limited to outlets, lighting, the drum lifter and electrical panels within the batching area. The employer transferred category two flammable liquids such as but not limited to Hexamethyldisiloxne and Isopar “C,” in this area, it was thus a Class 1 Division 2 location.
Citation 2 Item 1
Type of Violation: Repeat, $129,336
29 CFR 1910.106(e)(6)(ii): Category 2 flammable liquid s, with a flashpoint below 100F (37.8C), was dispensed into containers without the nozzle and the container(s) being electrically interconnected:
a) Main Building Addition Batching Area – On November 20, 2017, and at times prior, a catastrophic explosion and fire occurred while category two flammable liquids including, but not limited to Hexamethyldisiloxane, and Isopar “C,” were transferred between containers. The source container, the nozzle in-between, and the receiving container were not electrically interconnected and were not grounded.
Business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29CFR 1910.106( e)(6)(ii), which was contained in OSHA inspection number(s):
- 1191945, citation number 1, item number 3 and was affirmed as a final order on May 25, 2017
- 891395, citation number 1, item number 1 and was affirmed as a final order on June 13, 2013
Citation 2 Item 2
Type of Violation: Repeat, $71,137
29 CFR 1910.106(e)(9)(iii): Combustible waste material and residues in a building or unit operating area were not kept to a minimum, stored in covered metal receptacles, and disposed of daily:
a) Main Building Batching Area – On November 20, 2017 , and at times prior, the employer did not ensure paper towels used to clean up flammable liquid spills, such as, but not limited to Hexamethyldisiloxane and/or, Isopar “C,” were kept to a minimum in covered metal receptacles, but were instead disposed of in open-top trash bins along with all other trash creating a fire hazard.
Business was previously cited for a violation of this occupational safety, and health standard or its equivalent standard 29 CFR 1910.106(e)(9)(iii), which was contained in OSHA inspection number 891395, citation number 1, item number 2 and was affirmed as a final order on June 13, 2013.
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