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Violation Detail

Standard Cited: 19100134 C01 Respiratory Protection.

Inspection Nr: 955579.015

Citation: 01003A

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $2,640.00

Current Penalty: $5,000.00

Issuance Date: 07/18/2014

Nr Instances: 1

Nr Exposed: 8

Abatement Date: 01/21/2016

Gravity: 1

Report ID: 0728900

Contest Date: 07/24/2014

Final Order: 05/11/2015

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 05/11/2015 $5,000.00 01/21/2016 Serious  
Penalty C: Contested 07/31/2014 $2,640.00 08/22/2014 Serious  
Penalty Z: Issued 07/18/2014 $2,640.00 08/22/2014 Serious  

Text For Citation: 01 Item/Group: 003A Hazard:

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: The employer is failing to develop and implement a written respiratory program to address any potential respiratory hazards commonly associated with working in a dusty environment. This was most recently evident during the inspection of the facility located at 4444 S. 76th Circle, Omaha, NE 68127, where the employer requires employees to wear N95 respirators while operating equipment and performing their duties on the bagging, mixing, micro picking and label preparation lines; as well as provides to the other employees within the plant 3M N95 respirators to use voluntarily in the protection against nuisance dust without having conducted air quality tests and developing and implanting a written respiratory program that would provide necessary information to include the but not limited to: i. Procedures for selecting respirators in the work place; ii. Medical evaluations for employees required to use respirators; iii. Fit testing procedures for tight fitting respirators; iv. Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations; v. Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respirators; vi. Procedures to ensure adequate air quality, and flow of breathing air for atmosphere-supplying respirators; vii. Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations; viii. Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and ix. Procedures for regularly evaluating the effectiveness of the program.

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