| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2012-04-12
|
| Case Closed |
2016-07-13
|
Related Activity
| Type |
Complaint |
| Activity Nr |
147452 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
1260.0 |
| Initial Penalty |
1800.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-10-26 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use: a) Former Nestle Foods Plant, Fulton, NY, on or about 2/17/12: A written respirator program was not developed and implemented for employees required to wear air purifying half face respirators during operations including, but not limited to, torch cutting of metal pipes. Abatement certification is required for this item. |
|
| Citation ID |
01001B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 D01 III |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-12-19 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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 contaminants chemical state and physical form: a) Former Nestle Foods Plant, Fulton, NY, on or about 2/17/12: A reasonable estimate of exposure was not provided for employees required to wear air purifying half face respirators during operations including, but not limited to, torch cutting of metal pipes. Abatement certification is required for this item. |
|
| Citation ID |
01001C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-12-19 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
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) Former Nestle Foods Plant, Fulton, NY, on or about 2/17/12: A medical evaluation was not provided for employees required to wear air purifying half face respirators during operations including, but not limited to, torch cutting of metal pipes. Abatement certification is required for this item. |
|
| Citation ID |
01001D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 F02 |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-12-19 |
| Nr Instances |
1 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter a) Former Nestle Foods Plant, Fulton, NY, on or about 2/17/12: Fit- testing was not provided for employees required to wear air purifying half face respirators during operations including, but not limited to, torch cutting metal pipes. Abatement certification is required for this item. |
|
| Citation ID |
01001E |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-12-19 |
| Nr Exposed |
3 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(k): The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary: a) Former Nestle Foods Plant, Fulton, NY, on or about 2/17/12: Respirator training was not provided for employees required to wear air purifying half face respirators during operations including, but not limited to, torch cutting of metal pipes. Abatement certification is required for this item. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
1260.0 |
| Initial Penalty |
1800.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-10-26 |
| Nr Instances |
1 |
| Nr Exposed |
7 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): a) Former Nestle Plant in Fulton, NY: A hazard communication program was not developed and implemented for employees including, but not limited to, torch cutters and laborers that are expossed to hazardous substances such as oxygen, acetylene and heavy metals from torch cutting operations. Abatement certification must be provided for this item. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 G01 |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-12-19 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(g)(1): The employer did not have a material safety data sheet for each hazardous chemical which they used: (Construction Reference: 1926.59) a) Former Nestle plant in Fulton, NY, on or about 2/17/12: Material Safety Data Sheets were not available for employees exposed to hazardous chemicals such as oxygen gas, acetylene gas and heavy metal fumes form torch cutting. Abatement certification must be provided for this item. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-12-19 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals intheir work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not previously been trainedabout is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability,carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and material safety datasheets. a) Former Nestle plant in Fulton, NY, on or about 2/17/12: Information and Training on chemical hazards were not available for employees exposed to hazardous chemicals such as oxygen gas, acetylene gas and heavy metal fumes form torch cutting. Abatement certification must be provided for this item. |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19100178 L06 |
| Issuance Date |
2012-04-18 |
| Abatement Due Date |
2012-05-18 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Contest Date |
2012-05-08 |
| Final Order |
2012-12-19 |
| Nr Instances |
1 |
| Nr Exposed |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.178(l)(6): The employer did not certify that each operator has been trained and evaluated as required by this paragraph (l): a) Former Nestle Foods Plant in Fulton, NY, on or about 2/17/12: A certification for a fork lift operator evaluation was not available for an operator receiving training elsewhere within the last three years. Certification of abatement must be submitted for this item. |
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