Violation Detail
Standard Cited: 19100134 E07 I Respiratory Protection.
Inspection Nr: 1605116.015
Citation: 02001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $145,027.00
Current Penalty: $108,770.25
Issuance Date: 12/19/2022
Nr Instances: 1
Nr Exposed: 1
Abatement Date: 01/06/2023
Gravity: 10
Report ID: 0213100
Contest Date: 01/18/2023
Final Order: 08/14/2023
Related Event Code (REC): A
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 08/14/2023 | $108,770.25 | 01/06/2023 | Serious | |
Penalty | C: Contested | 01/18/2023 | $145,027.00 | 01/06/2023 | Willful | |
Penalty | Z: Issued | 12/19/2022 | $145,027.00 | 01/06/2023 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard:
29 CFR 1910.134(e)(7)(i): The employer did not provide additional medical evaluations that complied with the requirements of 29 CFR 1910.134 when an employee reported medical signs or symptoms that were related to ability to use a respirator: (a) On or about 6/20/2022, at facility, a compounder weighing and milling batches of powders containing chemicals such as, but not limited to, iron oxide, talc, mica, calcium silicate, and carmine (sensitizer) and required to wear 3M 8210 N95 filtering face piece respirator and half face elastomeric respirator with P100 cartridges reported medical signs and symptoms to the employer including shortness of breath and asthma. He died later that day. The employee was previously hospitalized after reporting shortness of breath and asthma to the employer in May 2021. The employer did not provide additional medical evaluation after the employee reported medical signs or symptoms that affected his ability to use a respirator.