| Inspection Type |
Referral
|
| Scope |
Partial
|
| Safety/Health |
Health
|
| Close Conference |
2024-06-24
|
| Emphasis |
N: LEAD
|
Related Activity
| Type |
Referral |
| Activity Nr |
2174069 |
| Health |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Serious |
| Standard Cited |
19101025 D02 |
| Issuance Date |
2024-10-04 |
| Current Penalty |
2488.8 |
| Initial Penalty |
4148.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Referral |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1025(d)(2): An initial determination was not made to determine if any employee may be exposed to lead at or above the action level: a) East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; Employees are required to clean the shooting range, where lead-containing bullets are fired, and the employer did not determine if the employee would be exposed to lead at or above the 8-hour Time Weighted Average OSHA Action Level of 30 ug/m3 (micrograms of lead per cubic meter of air). Employee exposure to lead levels were measured at 33 ug/m3, which is 111% of the Action Level. |
|
| Citation ID |
01002A |
| Citaton Type |
Serious |
| Standard Cited |
19101025 E04 I |
| Issuance Date |
2024-10-04 |
| Abatement Due Date |
2024-12-31 |
| Current Penalty |
1244.4 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Referral |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1025(e)(4)(i):When ventilation was used to control exposure to lead, measurements which demonstrate the effectiveness of the system in controlling exposure were not made at least every three months: a) East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; Ventilation was used in the shooting range to control exposure to lead and the employer did not have a process to demonstrate the effectiveness of the system at least every three months. Abatement certification is required. |
|
| Citation ID |
01002B |
| Citaton Type |
Serious |
| Standard Cited |
19101025 H01 |
| Issuance Date |
2024-10-04 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
7 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Referral |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1025(h)(1):All surfaces were not maintained as free as practicable of accumulations of lead: a) Countertop Shooting Range Bay #5, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The countertop in the shooting range station #5 was not maintained as free as practicable of accumulations of lead. Wipe sample results showed 142.7 micrograms per 100 square centimeters of lead present. b) Floor in Shooting Range, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The floor in the shooting range was not maintained as free as practicable of accumulations of lead. Wipe sample results showed 554.8 micrograms per 100 square centimeters of lead present. c) Touchscreen interface on retrieval system, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The touchscreen interface on the retrieval system in the shooting range was not maintained as free as practicable of accumulations of lead. Wipe sample results showed 1092.2 micrograms per 100 square centimeters of lead present. d) Door handle at the entrance to the shooting range, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The door handle at the entrance to the shooting range was not maintained as free as practicable of accumulations of lead. Wipe sample results showed 28.0 micrograms of lead on the door handle. e) Keyboard at the front desk, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The keyboard at the front desk was not maintained as free as practicable of accumulations of lead. Wipe sample results showed 24.9 micrograms per 100 square centimeters of lead present. f) Water cooler in the lobby, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The water cooler in the lobby was not maintained as free as practicable of accumulations of lead. Wipe sample results showed 17.3 micrograms per 100 square centimeters of lead present. g) Fridge in the garage area, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The fridge in the garage area (food storage) was not maintained as free as practicable of accumulations of lead. Wipe sample results showed 18.0 micrograms per 100 square centimeters of lead present. |
|
| Citation ID |
01002C |
| Citaton Type |
Serious |
| Standard Cited |
19101025 H02 II |
| Issuance Date |
2024-10-04 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1025(h)(2)(ii): Shoveling, sweeping or brushing methods were used to remove lead accumulations where vacuuming or other equally effective methods were available and feasible: a) Shooting Range, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; Employees were using sweeping methods to remove lead accumulations from the floor in the shooting range when vacuuming was available and feasible. |
|
| Citation ID |
01003 |
| Citaton Type |
Serious |
| Standard Cited |
19101025 J01 I |
| Issuance Date |
2024-10-04 |
| Abatement Due Date |
2024-12-31 |
| Current Penalty |
1659.0 |
| Initial Penalty |
2765.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Related Event Code (REC) |
Referral |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1025(j)(1)(i): The employer did not institute a medical surveillance program for all employees who are or may be exposed at or above the action level for more than 30 days per year: a) Shooting Range, East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 7/23/2024; Employees performed cleaning in the range for more than 30 days per year and were exposed to lead above the 8-hour Time Weighted Average OSHA Action Level of 30 ug/m3 (micrograms of lead per cubic meter of air) and the employer did not institute a medical surveillance program. Employee exposure to lead levels were measured at 33 ug/m3, which is 111% of the Action Level. Abatement certification is required. |
|
| Citation ID |
01004 |
| Citaton Type |
Serious |
| Standard Cited |
19101025 L01 II |
| Issuance Date |
2024-10-04 |
| Abatement Due Date |
2024-12-31 |
| Current Penalty |
1244.4 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1025(l)(1)(ii): The employer did not train each employee who is subject to exposure to lead at or above the action level, or for whom the possibility of skin or eye irritation exists, in accordance with the requirements of 29 CFR 1910.1025: a) East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; Employees are required to clean the shooting range, where lead-containing bullets are fired, and the employer did not train employees on any of the contents of the lead standard. The 8-hour Time Weighted Average OSHA Action Level of was 30 ug/m3 (micrograms of lead per cubic meter of air) and employee exposure to lead levels were measured at 33 ug/m3, which is 111% of the Action Level. Abatement certification is required. |
|
| Citation ID |
01005A |
| Citaton Type |
Serious |
| Standard Cited |
19101025 M01 III |
| Issuance Date |
2024-10-04 |
| Abatement Due Date |
2024-12-31 |
| Current Penalty |
1244.4 |
| Initial Penalty |
2074.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| Gravity |
1 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1025(m)(1)(iii):The employer did not include lead in the hazard communication program established to comply with the hazard communication standard (1910.1200). a) East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; Employees are required to clean the shooting range, where lead-containing bullets are fired, and the employer did not establish a hazard communication program. Abatement certification is required. |
|
| Citation ID |
01005B |
| Citaton Type |
Serious |
| Standard Cited |
19101200 E01 |
| Issuance Date |
2024-10-04 |
| Abatement Due Date |
2024-12-31 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| 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 that included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii): a) East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; Employees are exposed to hazardous substances including, but not limited to, lead dust, and the employer did not establish a hazard communication program. Abatement certification is required. |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19100134 C02 I |
| Issuance Date |
2024-10-04 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-10-14 |
| Nr Instances |
1 |
| Nr Exposed |
2 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(2)(i):Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible: a) East Side Traders LLC, 1200 Wooster Way, Ontario, NY, 14519, on or about 6/24/2024; The employer allowed voluntary use of 3M Aura 9205 N95 filtering facepiece respirators and did not supply employees with Appendix D of the respiratory protection standard. |
|
|
