VRB1062 Vermont Culinary Islands

A hearing will be held, pursuant to 21 V.S.A. § 230(b) and Vermont Occupational Safety and Health Review Board (VRB) Rules of Procedure Subpart E, and 3 V.SA. §809, in the above listed matter beginning at 9:00 A.M. on Friday, October 25, 2024 and if needed, on Monday, October 28, 2024.  This hearing will be in person at 6 Baldwin Street, Room 315, Montpelier, VT 05633.  

The purpose of the hearing is to adjudicate the Vermont Occupational Safety and Health Administration (VOSHA) Citation and Notification of Penalty citing violations of the Code of Federal Regulations issued to and contested by the Respondent. The VOSHA Citation and Notification of Penalty issued to and contested by the Respondent involves the following:

29 CFR 1910.107(b)(9): Cleaning. Spray booths shall be so installed that all portions are readily accessible for cleaning. A clear space of not less than 3 feet on all sides shall be kept free from storage or combustible construction. Violation: the employer did not ensure a clear space of not less than three feet on all sides of the spray booth. There was a wooden box on the ground on left side of paint booth with wood scraps and the three boards leaning against the wall. Metal desk to the right of the paint booth in direct contact with paint booth exterior wall.

29 CFR 1910.134(c): Respiratory Protection Program. This paragraph requires the employer to develop and implement a written respiratory protection program with required work site- specific procedures and elements for required respiratory use. Violation: Respiratory protection program has not been developed or implemented to ensure work site specific procedures and elements.

29 CFR 1910.134(c)(1)(iii): Fit testing procedures for tight fitting respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.134(c)(1)(v): Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respirators. Violation: Employees were not test fitted prior to respiratory use

29 CFR 1910.151(c): Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. Violation: Eye wash station unavailable for employees and corrosive chemicals including paint thinners are used to by employees. 

29 CFR 1910.1200(f)(6): Workplace labeling. Violation: Chemicals transferred to spray bottles improperly labeled.

20 CFR 1910.1200(g)(8): The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical and shall ensure that they are readily accessible during each work shift to employees when they are in their work areas. Violation: There are no SDS sheets on site for the chemicals that are used by employees.

20 CFR 1910.1904.29(a): Basic requirement. You must use OSHA 300, 300-A and 301 forms, or equivalent forms, for recordable injuries and illnesses. Violation: Employer currently does not keep OSHA 300 a logs to record injuries and illnesses.

The Respondent for this matter is hereby required to SERVE AND/OR POST the NOTICE OF HEARING as required under VRB Rules of Procedure §2200.7(i) and/or (j) to afford affected employees, or their representatives an opportunity to participate during this proceeding.  Affected employees are entitled to participate in this hearing under the terms and conditions established by the VRB Rules of Procedure.  Notice of intent to participate should be sent via email to carolyn.desch@vermont.gov or via mail or hand delivery to Vermont Occupational Safety and Health Review Board, 6 Baldwin Street- Rm 313, Montpelier, Vermont 05633-6701.