Violation Detail
Standard Cited: 19100134 C01 Respiratory Protection.
Inspection Nr: 1015991.015
Citation: 01002A
Citation Type: Serious
Abatement Date: 07/01/2015
Initial Penalty: $5,000.00
Current Penalty: $5,000.00
Issuance Date: 05/14/2015
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC):
Gravity: 5
Report ID: 0419700
Contest Date: 06/09/2015
Final Order:
Emphasis:
Substance: 0010
Substance: 0320
Substance: 1080
Substance: 2460
Substance: 2590
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | C: Contested | 06/09/2015 | $5,000.00 | 07/01/2015 | Serious | |
Penalty | Z: Issued | 05/14/2015 | $5,000.00 | 07/01/2015 | Serious |
Text For Citation: 01 Item/Group: 002A Hazard:
29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employees or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program with required worksite-specific procedures. The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program: a. On or about December 29, 2014, at the Race Trac Store number 2367 job site, the employer had not developed and implemented a written respiratory program for employees required to wear a tight fitting 3M model 6200 respirator during fuel tank cleaning operations while overexposed to toxic aromatic vapor components of gasoline. An employee died from an overexposure to benzene, ethyl benzene, xylene, acetaldehyde, and toluene. The required elements of items (i) through (ix) of the 29 CFR 1910.134(C)(1) standard were not in effect, specifically: 1. The employer had not established procedures for respirator selection based on contaminant concentration. 2. The employer had not conducted medical evaluations of employees required to wear respirators. 3. The employer had not developed written procedures for the use of respirators in routine and reasonably foreseeable emergency situations. 4. The employer had not developed procedures for cleaning disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators. 5. The employer had not developed procedures for evaluating the effectiveness of the program.