209 North York Street,
Elmhurst,
60126
Illinois,
United States
On October 18th, the Deputy was notified by the safety committee of the Elmhurst Fire Department that the Mediclean Germicidal Cleaner Concentrate solution that was being used in the fogging machine to fog the fire station, police station, City Hall, and public works was not being used properly. After consulting with the manufacturer it was advised that using that solution in a fogger was a violation of Federal Law by using the product in a manner that was inconsistent with the labeling. With that information, Deputy Chief knowingly continued to instruct the firefighters to fog Mediclean Germicidal Cleaner Concentrate. One example is the morning of Sunday October 25th. The Acting Battalion Chief had ordered the Acting Lieutenant to go and fog the police station. The Acting Lieutenant had questioned the order since there had been conversation throughout the week questioning the use of Mediclean Germicidal Cleaner Concentrate in the fogger and the Acting Battalion Chief pressed on with the order to fog the police station. The Acting Battalion Chief received a text message that morning from Deputy Chief requesting the fogging of the police station knowing that the product was not meant to be used in the fogging machine. The police station was fogged at that point. Deputy Chief was notified a week prior that the product was not meant to be put in a fogger and knowingly continued have it be used. The Acting Lieutenant had notified a member of the safety committee the next morning October 26th as they were coming on shift of the fogging that had occurred the day prior at the police station. The OSHA General Duty Clause states the employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
Source: Osha.gov | Receipt Date: 2020-12-30
