STATE OF MAINE Laura a ron DEPARTMENT OP LABOR Caen BUREAU OF LABOR STANDARDS WORKPLACE SAFETY AND HEALTH DIVISION 45 STATE HOUSE STATION AUG STA, MAINE 04333-0045 MICHAEL ROLAND May 21, 2019 Stephen Eldridge, Town Manager Town of Berwick/ Berwick Fire Department 11 Sullivan Street Berwick, ME 03901 Inspection Number: 1384505 Dear Stephen Eldridge ‘The Bureau of Labor Standards completed an inspection on 03/05/2019 in which workplace conditions were found that violate Occupational Safety and Health rules. SEE: Title 26 MRSA Chapter 6; 29 CFR parts 1910 & 1926. The Unsafe conditions identified are listed in the enclosed citation document attached to this report along with the reference to the applicable Safety and Health standard or regulation that applies. All unsafe condition(s) identified must be corrected by the abatement date indicated on the report. The enclosed citations will become a final order within fifteen (15) business days from the day it was received, Unless you request a penalty discussion or file an appeal (see employer options) within the specified time frame listed above. The total amount of the proposed penalty for the citations(s) is $3,500 payable to the “Treasurer, State of Maine", Employer options (within 1 business days): Informal Conference: Within fifteen (15) days of receipt, you have the option of meeting with the Bureau Director or their designee, to present any evidence, which you believe would support an adjustment to the citation(s) and/or penalty(les). Please keep in mind, an informal conference does not take the place of a written request letter for a penalty discussion or formal appeal. An informal conference is not required and does not need to be in writing. If you choose to request an informal conference, itis highly recommended to call our office to schedule this informal conference, as soon as you get this report. The informal conference does not delay or replace the contest time period for the two options below. Penalty Discussion: If you intend to correct all hazards identified and wish to work with the Workplace Safety & Health Division to possibly reduce the penalty amount, you may request a “Penalty Discussion’, in writing within fifteen (15) days of receipt of this report. (We will contact you to have a penalty discussion after receipt of the completed "Abatement Certification” form). This discussion will pertain only to the penalty(s) and not the violation(s). All proposed penalties will be stayed until after the penalty discussion. or Formal Appeal: You may file a formal appeal of any citation, abatement date, or penalty within fifteen (15) days of receipt of this report, Please be specific as to what citation(s), abatement date or penalty you wish to appeal. Ifa request for a formal appeal is received, the Director will set a time and date for a “hearing” with the Maine Board of Occupational Safety & Health (BOSH). All proposed penalties will be stayed until after the formal appeal is heard. ition sn Naif Peay fy sens cRage tohge RELAY TH rasttacgon) 623-799{As the employer, you must respond in writing to the Director of the Sureau or their designee, at the address above, within fifteen (15) business days of receipt ofthis report stating what option you intend to choose toward correction of the hazards. If no response is received within that time frame you accept all citations, dates of correction, any penalties assessed and the citation report will become a final order. We strongly recommend that any correspondence be sent by certified mail. Failure to correct violations may result in additional penalties of up to a $1000.00 per violation, for each day hazards are not corrected Extension of Abatement Date(s): ‘An employer may ask for an extension of an abatement date. The request must be in writing and received prior to the assigned abatement date, Please be specific as to the citation(s) you are asking an extension for and the reason for the extension. Dates to Remember: -Respond in writing, to the Director or the Bureau within fifteen (15) business days of receipt of this report indicating ‘what option you choose. -All citations must be corrected by the abatement date listed on the citation page(s) of this report -Once the hazards have been corrected, the completed “abatement certification form” included in this report must be received by the Bureau within ten (10) business days after the citation abatement date. Posting Requirements The law requires that a copy of this Citation and notice of penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or, if this is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This citation must remain posted until the violations(s) cited herein have been abated Employer Discrimination Unlawful: ‘The law prohibits discrimination by an employer against an employee for fling a complaint or for exercising and rights under that Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 30 days after the discrimination ocourred with the Maine Department of Labor, Bureau of Labor Standards at the address above, The statutory authority for this order is established at Title 26 MRSA, sections 44, 44-A, 45, 46 and 565 et seq anyone having questions regarding the enclosed citation(s) or your fifteen (15) business day options may contact the Bureau of Labor Standards, Workplace Safety and Health Division at (207) 623-7923. Steven L. Greeley, Director Workplace Safety & Health Division Bureau of Labor Standards loon and Notation of Penalty Page 20f 6 snaABATEMENT CERTIFICATION WORKSHEET ‘Town of Berwick/ Berwick Fire Department Inspection Number: 1384505 10 Bell Street Berwick, ME. 03901 Issuance Date:05/21/2019 List the specific method of correction for each item on this citation in this package that does not read “Corrected During Inspection” and return to: Workplace Safety & Health Division, 45 State House Station, Augusta Maine 04333-0045, Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number __and Item Number was corrected on By (Method of Abatement): - Citation Number__and Item Number was corrected on By (Method of Abatement): Citation Number _and Item Number _ was corrected on _ By (Method of Abatement): Citation Number _and Item Number __ was corrected on. By (Method of Abatement): | certify that the information contained in this document is accurate and that the affected employees and theit representatives have been informed of the abatement. Signature Date’ ‘Typed o Printed Name Title NOTE: MRSA Title 26 Chapter 3 §46 Any emplayer who fails to correcta violation for which a citation has been issued under setion 4S within the petiod permitted for its correction, which period shall not begin to run until the date of the final order ofthe board in the ease of any review proceeding initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than S1,000 for each day during whieh such failure or violation continues POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review Cation sad Notation of Penalty Page 3of 6 OSHAMaine Department of Labor Inspection Number: 1384505 Bureau of Labor Standards Inspection Date: 03/05/2019-04/03/2019 Workplace Safety & Health Division Issuance Date: 05/21/2019 Company Name: Town of Berwick/ Berwick Fire Department Inspection Site: 10 Bell Street Berwick, ME 03901 Citation 1 Item 1 Type of Violation: Serious: ‘T.26Ch.28§2104(3): Self-contained breathing apparatus. The employer did not ensure the self-contained breathing apparatus cylinders used for structural firefighting complied with the original effectiveness as recommended by the manufacturer Multiple eylinders were found in use beyond the manufacturer's established shelf life. Acceptable and feasible methods to correct the conditions include but are not limited to: Inspect all eylinders For compliance with the manufacturers requirements and remove non-compliant cylinders from service. Date By Which Violation Must Be Abated: Sune 24, 2019 Proposed Penalty: ‘$700.00 Citation 1 Item 2 Type of Violation: Serious T.26Ch.28§2105 (1)(B): The employer of the fire department which has full time employees did not ensure the SCBA’s were inspected weekly. SCBA's and associated face pieces were not inspected weekly. Acceptable and feasible methods to correct the conditions include but are not limited to: Train all employees on the manufacturer's inspection requirements and State of Maine statute on weekly inspections Date By Which Violation Must Be Abated: June 24, 2019 Proposed Penalty: $700.00 hatin and Notion of Penalty Page of 6 wsHDMaine Department of Labor Inspection Number: 1384505 Bureau of Labor Standards Inspection Date: 03/05/2019-04/03/2019 Workplace Safety & Health Division Issuance Date: 05/21/2019 tion and Notification of Penalty Company Name: Town of Berwick/ Berwick Fire Department Inspection Site: 10 Bell Street Berwick, ME 03901 Citation | Item 3 type of Violation: Serious 29 CPR 1910.134(g)(3)(ii): Visual, voice, or signal line communication was not maintained between the employee(s) in the immediately dangerous to life or health (IDLH) atmosphere and the employee(s) located outside the IDLH atmosphere during the structure fire at 10 Bell Street, Berwick, Maine, During the structure fire at 10 Bell Street the Incident Commander did not establish a line of communications which allowed all responding units (police, fire and EMS) to be able to communicate with each other as agencies arrived on scene and during known vietim rescue. Acceptable and feasible methods to correct the conditions include but are not limited to: The employer shall insure that a ‘communications policy includes the provisions for the Incident Commander to establish a clear line of communications ‘on the fire ground to include consistent radio communications for interior, fire ground and incoming auto/mutual aid agencies including police department and EMS. The employer shall ensure that all employees of BFD are trained or retrained on this policy, and the policy is shared with all auto/mutual departments and to include police and EMS. Date By Which Violation Must Be Abated: June 24, 2019 ‘$700.00 Citation 1 Item 4 ‘Type of Violation: Serious: 1.26Ch.6561-A: The employer did not furnish to each employee a place of employment that was free from recognized hazards, that could cause or are likely to cause death or serious physical harm to employees. ‘The Incident Commander did not initiate the employer's accountability system at the beginning of the operation which delayed firefighter rescue. Acceptable and feasible methods to correct the conditions include but are not limited to: Retrain all employees on the ‘employer's accountability policy and the proper deployment of the assigned accountability tags on the passport system. ‘The employer must ensure that the accountability system is being implemented by all members. Date By Which Violation Must Be Abated: June 24, 2019 Proposed Penalty: ‘$700.00 Citation and Noitction of Penly Page of 6 WSHD,Maine Department of Labor Inspection Number: 1384505 Bureau of Labor Standards Inspection Date: 03/05/2019-04/03/2019 Workplace Safety & Health Division Issuance Dat 05/21/2019 Citation and Notification of Penalty Company Name: Town of Berwick/ Berwick Fire Department Inspection Site: 10 Bell Street Berwick, ME 03901 Citation 1 Item 5 Type of Violation: Serious T.26Ch.6561-A: The employer did not furnish to each employee a place of employment that was free from recognized hazards, that could cause or are likely to cause death or serious physical harm to employees. ‘The Incident Commander at this operation did not evaluate the risk to employee's safety by performing a 360 degree size up before entry into the building, Acceptable and feasible methods to correct the conditions include but are not limited to: The employer shall review the BFD Emergency Incident Response SOG to include updating the SOG as needed, to address the need for a 360 size-up prior to entry. Then employer then shall retrain all employees on the requirements of the updated SOG. Date By Which Violation Must Be Abated: June 24,2019 Proposed Penalty: $700.00 Steven L. Greeley, Director Workplace Safety & Health Divi Citation an Notation of Peay Page 6 of 6 wSHD