| Inspection Type |
Complaint
|
| Scope |
Partial
|
| Safety/Health |
Safety
|
| Close Conference |
2023-10-25
|
| Emphasis |
L: FORKLIFT
|
| Case Closed |
2024-04-30
|
Related Activity
| Type |
Complaint |
| Activity Nr |
2095222 |
| Safety |
Yes |
|
Violation Items
| Citation ID |
01001 |
| Citaton Type |
Other |
| Standard Cited |
19100028 B01 I |
| Issuance Date |
2024-01-22 |
| Current Penalty |
6776.0 |
| Initial Penalty |
9680.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
10 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.28(b)(1)(i): Except as provided elsewhere in this section 29 CFR 1910.28, the employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the systems described in 29 CFR 1910.28(b)(1)(i): a.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to fall hazards of approximately 4ft, in that, employees were walking, moving furniture products, operating forklifts and conducting shipping and receiving operations with multiple warehouse bay doors fully open and unsecured from employees falling over. |
|
| Citation ID |
01002 |
| Citaton Type |
Other |
| Standard Cited |
19100038 B |
| Issuance Date |
2024-01-22 |
| Current Penalty |
4517.1 |
| Initial Penalty |
6453.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
10 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.38(b):An emergency action plan was not in writing, kept in the workplace, and available to employees for review: a.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to fire and smoke inhalation hazards, in that, employees were working within the warehouse without having an emergency action plan in place in the event of an emergency. |
|
| Citation ID |
01003A |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C01 |
| Issuance Date |
2024-01-22 |
| Abatement Due Date |
2024-02-08 |
| Current Penalty |
4517.1 |
| Initial Penalty |
6453.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(1):The respiratory protection program was not updated as necessary to reflect those changes in workplace conditions that affected respirator use as specified in paragraphs (c)(1)(i)-(c)(1)(ix) of the standard: a.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to respiratory infections and did not establish and implement a written respiratory protection program for the required use of 3M - N95 Particulate Respirator while spray painting furniture items. |
|
| Citation ID |
01003B |
| Citaton Type |
Serious |
| Standard Cited |
19100134 C03 |
| Issuance Date |
2024-01-22 |
| Abatement Due Date |
2024-02-08 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.134(c)(3):The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness: a.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to respiratory infections, in that, they did not establish and implement an assigned program administrator to oversee the respiratory protection program and to make updates accordingly. |
|
| Citation ID |
01003C |
| Citaton Type |
Serious |
| Standard Cited |
19100134 E01 |
| Issuance Date |
2024-01-22 |
| Abatement Due Date |
2024-02-08 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
5 |
| 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.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to respiratory infections, in that, employer did not ensure that employees required to wear tight-fitting respirators were provided a medical evaluation to determine their ability to use respirators in the workplace. Employees involved in spray painting operations were provided and required to wear 3M - Particulate Respirator. |
|
| Citation ID |
01003D |
| Citaton Type |
Serious |
| Standard Cited |
19100134 K |
| Issuance Date |
2024-01-22 |
| Abatement Due Date |
2024-02-08 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
4 |
| Gravity |
5 |
| 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.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to respiratory infections, in that, the employer did not ensure that employees who utilized respirators, were trained prior to wearing respirators. |
|
| Citation ID |
01004 |
| Citaton Type |
Serious |
| Standard Cited |
19100176 A |
| Issuance Date |
2024-01-22 |
| Current Penalty |
7904.4 |
| Initial Penalty |
11292.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
6 |
| Gravity |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.176(a): Where mechanical handling equipment was used, sufficient safe clearances were not allowed for aisles, at loading docks, through doorways or wherever turns or passage had to be made: a.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to struck by hazards, in that, employees were walking, moving furniture products in the forklift traffic operating lanes near the loading docks due to merchandise blocking the paths of pedestrian travel in the shipping and receiving department. |
|
| Citation ID |
01005 |
| Citaton Type |
Other |
| Standard Cited |
19101200 H01 |
| Issuance Date |
2024-01-22 |
| Abatement Due Date |
2024-02-08 |
| Current Penalty |
4517.1 |
| Initial Penalty |
6453.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
5 |
| Gravity |
5 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.1200(h)(1):Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area: a.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, the employer exposed employees to respiratory infections, in that, the employer did not train employees on the hazards of the chemicals they used such as Rust Oleum metallic spray paints, Lenmar Solvents & Additives and Lenmar Duralaq base paints. |
|
| Citation ID |
02001 |
| Citaton Type |
Other |
| Standard Cited |
19100303 G01 |
| Issuance Date |
2024-01-22 |
| Current Penalty |
0.0 |
| Initial Penalty |
0.0 |
| Final Order |
2024-04-04 |
| Nr Instances |
1 |
| Nr Exposed |
10 |
| FTA Current Penalty |
0.0 |
| Citation text line |
29 CFR 1910.303(g)(1):Sufficient access and working space was not provided and maintained about all electric equipment (operating at 600 volts, nominal, or less to ground) to permit ready and safe operation and maintenance of such equipment: a.) At the worksite, located at 16680 Oriole Rd Fort Myers, FL 33913; On or about 10/25/23, employees were exposed to fire and electrical hazards, in that, the front of electrical panels, located in the warehouse, were blocked by merchandise, tables, spray painting push carts, where employees move, work, and retrieve merchandise. |
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