OSHA24528

U.S.
Department of Labor Occupational Safety and Health Administration

2296 Henderson Mill Road
Suite 200
Atlanta, GA 30345
03/15/2024
SK Battery America Inc., dba SK Battery

and its successors
1760 SK Boulevard
Commerce, GA 30529
Dear Employer:
Enclosed you will find citations for violations of the Occupational Safety and Health Act of 1970 (the Act) which
may have accompanying proposed penalties. Also enclosed is a booklet entitled, “Employer Rights and
Responsibilities Following an OSHA Inspection”, (OSHA 3000-04R) revised 2018, which explains your rights
and responsibilities under the Act. If you have any questions about the enclosed citations and penalties, I would
welcome further discussions in person or by telephone. Please contact me at (770) 493-6644.
You will note on page 6 of the booklet that, for violations which you do not contest, you must (1) notify this
office promptly by letter that you have taken appropriate corrective action within the time set forth on the
citation; and (2) pay any penalties assessed. Please inform me of the abatement steps you have taken and of their
dates together with adequate supporting documentation; e.g., drawings or photographs of corrected conditions,
purchase/work orders related to abatement actions, air sampling results. This information will allow us to close
the case.
As indicated on page 3 of the booklet, you may request an informal conference with me during the 15-working-
day notice of contest period. During such an informal conference you may present any evidence or views which
you believe would support an adjustment to the citation or the penalty.
If you are considering a request for an informal conference to discuss any issues related to this Citation and
Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal
conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be
submitted to the Area Director within 15 working days of your receipt of the citation. The running of this contest
period is not interrupted by an informal conference.
If you decide to request an informal conference, please complete the attached notice at the bottom of this letter
and post it next to the Citations as soon as the time, date and the place of the informal conference have been
determined. Be sure to bring to the conference with you any and all supporting documentation of existing
conditions as well as of any abatement steps taken thus far. If conditions warrant, we can enter into an informal
settlement agreement which amicably resolves this matter without litigation or contest.
You should be aware that OSHA publishes information on its inspection and citation activity on the Internet
under the provisions of Electronic Freedom of Information Act. The information related to these alleged
violations will be posted when our system indicates that you have received this citation. You are encouraged to
review the information concerning your establishment at www.osha.gov. If you have any dispute with the
accuracy of the information displayed, please contact this office.
Sincerely,
JOSHUA TURNER Digitally signed by JOSHUA TURNER

Date: 2024.03.15 13:56:36 -04'00'
Joshua W. Turner
Area Director
Enclosures
U.S. Department of Labor
Occupational Safety and Health Administration
Suite 200
Atlanta, GA 30345
Citation and Notification of Penalty
To: Inspection Number: 1705297

SK Battery America Inc., dba SK Battery Inspection Date(s): 10/23/2023 - 10/23/2023
and its successors Issuance Date: 03/15/2024
1760 SK Boulevard
Commerce, GA 30529
Inspection Site: The violation(s) described in this Citation and

1760 Steve Reynolds Industrial Parkway Notification of Penalty is (are) alleged to have
Commerce, GA 30529 occurred on or about the day(s) the inspection was
made unless otherwise indicated within the description
given below.
This Citation and Notification of Penalty (this Citation) describes violations of the Occupational Safety and
Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the
violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working
days (excluding weekends and Federal holidays) from your receipt of this Citation and Notification of Penalty
you either call to schedule an informal conference (see paragraph below) or you mail a notice of contest to
the U.S. Department of Labor Area Office at the address shown above. Please refer to the enclosed booklet
(OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this
form. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there
is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review
Commission or a court.
Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a
prominent place at or near the location of the violation(s) cited herein, or, if it 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 violation(s) cited herein has (have) been abated, or for 3 working days (excluding
weekends and Federal holidays), whichever is longer.
Informal Conference - An informal conference is not required. However, if you wish to have such a
conference you may request one with the Area Director during the 15 working day contest period by calling
(770) 493-6644. During such an informal conference, you may present any evidence or views which you believe
would support an adjustment to the citation(s) and/or penalty(ies).
Citation and Notification of Penalty Page 1 OSHA-2

If you are considering a request for an informal conference to discuss any issues related to this Citation and
Notification of Penalty, you must take care to schedule it early enough to allow time to contest after the informal
conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be
submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this
contest period is not interrupted by an informal conference.
If you decide to request an informal conference, please complete, remove and post the Notice to Employees next
to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have
been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions
as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement
agreement which amicably resolves this matter without litigation or contest.
Right to Contest – You have the right to contest this Citation and Notification of Penalty. You may contest
all citation items or only individual items. You may also contest proposed penalties and/or abatement dates
without contesting the underlying violations. Unless you inform the Area Director in writing that you intend
to contest the citation(s) and/or proposed penalty(ies) within 15 working days after receipt, the citation(s)
and the proposed penalty(ies) will become a final order of the Occupational Safety and Health Review
Commission and may not be reviewed by any court or agency.
Penalty Payment – Penalties are due within 15 working days of receipt of this notification unless contested.
(See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.)
Make your check or money order payable to “DOL-OSHA”. Please indicate the Inspection Number on the
remittance. You can also make your payment electronically at www.pay.gov. At the top of the pay.gov homepage,
type "OSHA" in the Search field and select Search. From OSHA Penalty Payment Form search result, select
Continue. The direct link is:
https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=53090334
You will be required to enter your inspection number when making the payment. Payments can be made by
credit card or Automated Clearing House (ACH) using your banking information. Payments of $25,000 or more
require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the
OSHA Debt Collection Team at (202) 693-2170.
OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or
electronic payment for less than the full amount due, and will process the payments as if these restrictions or
conditions do not exist.
Notification of Corrective Action – For each violation which you do not contest, you must provide
abatement certification to the Area Director of the OSHA office issuing the citation and identified above. This
abatement certification is to be provided by letter within 10 calendar days after each abatement date. Abatement
certification includes the date and method of abatement. If the citation indicates that the violation was corrected
during the inspection, no abatement certification is required for that item. The abatement certification letter must
be posted at the location where the violation appeared and the corrective action took place or employees must
otherwise be effectively informed about abatement activities. A sample abatement certification letter is enclosed
with this Citation. In addition, where the citation indicates that abatement documentation is necessary, evidence
of the purchase or repair of equipment, photographs or video, receipts, training records, etc., verifying that
abatement has occurred is required to be provided to the Area Director.
Employer Discrimination Unlawful – The law prohibits discrimination by an employer against an

employee for filing a complaint or for exercising any rights under this Act. An employee who believes that

he/she has been discriminated against may file a complaint no later than 30 days after the discrimination
occurred with the U.S. Department of Labor Area Office at the address shown above.
Employer Rights and Responsibilities – The enclosed booklet (OSHA 3000) outlines additional
employer rights and responsibilities and should be read in conjunction with this notification.
Notice to Employees – The law gives an employee or his/her representative the opportunity to object to any
abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to
the U.S. Department of Labor Area Office at the address shown above and postmarked within 15 working days
(excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Notification of
Penalty.
Inspection Activity Data – You should be aware that OSHA publishes information on its inspection and
citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The
information related to these alleged violations will be posted when our system indicates that you have received
this citation. You are encouraged to review the information concerning your establishment at www.osha.gov. If
you have any dispute with the accuracy of the information displayed, please contact this office.

NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE
An informal conference has been scheduled with OSHA to discuss the citation(s) issued on
03/15/2024. The conference will be held by telephone or at the OSHA office located at 2296
Henderson Mill Road, Suite 200, Atlanta, GA 30345 on _________________ at
_________________. Employees and/or representatives of employees have a right to attend an
informal conference.

CERTIFICATION OF CORRECTIVE ACTION WORKSHEET
Inspection Number: 1705297

Company Name: SK Battery America Inc., dba SK Battery
Inspection Site: 1760 Steve Reynolds Industrial Parkway, Commerce, GA 30529
Issuance Date: 03/15/2024
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: U.S. Department of Labor – Occupational Safety and Health
Administration, 2296 Henderson Mill Road, Suite 200, Atlanta, GA 30345.
Citation Number _____ and Item Number _____ was corrected on __________________________________
By (Method of Abatement): _________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
I certify that the information contained in this document is accurate and that the affected employees and their
representatives have been informed of the abatement.
________________________________ ________________________________
Signature Date
________________________________ ________________________________
Typed or Printed Name Title
NOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certification in any application, record, plan or
other documents filed or required to be maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more than
$10,000 or by imprisonment of not more than 6 months or both.
POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review.

U.S. Department of Labor Inspection Number: 1705297
Occupational Safety and Health Administration Inspection Date(s): 10/23/2023 - 10/23/2023

The alleged violations below have been grouped because they involve similar or related hazards that may increase
the potential for injury or illness.
Citation 1 Item 1 a Type of Violation: Serious
29 CFR 1910.120(q)(2)(iii): The emergency response plan did not address, to the extent not addressed elsewhere,
emergency recognition and prevention:
a) Module 2, line 12: On or about October 03, 2023, and at times prior the employer exposed 13 employees to
respiratory hazards from the release of Hydrofluoric Acid vapors in that the employer did not address the
emergency response plan did not cover fire prevention and emergency recognition.
ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM
Date By Which Violation Must be Abated: April 10, 2024

Proposed Penalty: $16,131.00
See pages 1 through 4 of this Citation and Notification of Penalty for information on employer and employee rights and responsibilities.


Citation 1 Item 1 b Type of Violation: Serious
29 CFR 1910.120(q)(2)(viii): The emergency response plan did not address, to the extent not addressed elsewhere,
emergency medical treatment and first aid:
a) Module 2, line 12: On or about, 10/03/2023, and at times prior the employer exposed employees to inhalation
hazards from Hydrofluoric Acid (HF) vapors, in that the medical personnel on site were not trained on the hazards
of lithium battery fires and therefore were not equipped to handle employees exposed to such hazards.

Proposed Penalty: $0.00


The alleged violations below have been grouped because they involve similar or related hazards that may increase
the potential for injury or illness.
Citation 1 Item 2 a Type of Violation: Serious
29 CFR 1910.120(q)(6)(i): First responders at the awareness level did not have sufficient training or have sufficient
experience to objectively demonstrate competency in the areas covered by 29 CFR 1910.120(q)(6)(i)(A) through
(q)(6)(i)(F):
a) Module 2, Line 12: On or about October 3, 2023, and at times prior, the employer exposed employees to
respiratory hazards from inhalation of a toxic atmosphere in that the employees were unable to demonstrate
competency in understanding hazards, risks, and potential outcomes of lithium battery fires causing employees to
participate in more than they were trained to do so.



Citation 1 Item 2 b Type of Violation: Serious
29 CFR 1910.120(q)(6)(iii)(B): Employees who participated, or were expected to participate, as hazardous material
technicians did not have competency in the classification, identification and verification of know and unknown
materials by using field survey instruments and equipment:
respiratory hazards from inhalation of a toxic atmosphere in that the emergency responders did not utilize
equipment that was equipped to detect the release of Hydrofluoric acid (HF) vapors during lithium battery fires
involving Lithium Hexafluorophosphate (LiPF6).



Citation 1 Item 2 c Type of Violation: Serious
29 CFR 1910.120(q)(6)(iii)(I): Employees who participated, or were expected to participate, as hazardous material
technicians did not have the competency to understand basic chemical and toxicological terminology and behavior:
respiratory hazards from inhalation of a toxic atmosphere in that the emergency responders did not understand the
basic chemical and toxicological behavior of a lithium battery fire, including the release of hydrofluoric acid (HF)
vapors during these events.



Citation 1 Item 2 d Type of Violation: Serious
29 CFR 1910.120(q)(8)(i): Employees who were trained in accordance with 29 CFR 1910.120(q)(6) did not receive
annual refresher training of sufficient content and duration to maintain their competencies or did not demonstrate
competency in those areas at least yearly:
respiratory hazards from inhalation of a toxic atmosphere in that the emergency responders did not receive annual
refresher training to maintain competencies on lithium battery fires and fire safety.



Citation 1 Item 2 e Type of Violation: Serious
29 CFR 1910.156(c)(4): Written procedures that describe the actions to be taken in situations involving special
hazards were not included in the training and education program:
(a) Module 2, line 12: On or about October 03, 2023, and at times prior the employer exposed employees to
inhalation hazards in that inadequate training was given to the employer's private on site fire brigade on
Hydrofluoric Acid (HF) vapors and/or other toxins produced during lithium battery fires.



Citation 1 Item 3 Type of Violation: Serious
29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:
a) Module 2, Line 12: On or about, October 3, 2023, and at times prior, the employer exposed employees to
respiratory hazards from inhalation of a toxic atmosphere, including the release of hydrofluoric acid (HF) vapors, in
that emergency responders did not receive annual fit tests.



29 CFR 1910.1200(e)(2)(ii): The employer's hazard communication program did not include methods the employer
will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees
during the workplace's normal operations and in foreseeable emergencies:
a) Module 2, line 12: On or about, October 3, 2023, and at times prior, the host employer exposed temporary
employees to respiratory hazards from a toxic atmosphere in that temporary employees of the staffing agency
(Moveret) were not provided with effective information and training on the hazards of lithium batteries



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) Module 2, Line 12: On or about, October 3, 2023, and at times prior, the employer exposed employees to
inhalation hazards from a toxic atmosphere in that employees were not provided with effective information and
training on lithium batteries, including but not limited to, the components of lithium batteries such as Lithium
Hexafluorophosphate (LiPF6) and hydrofluoric acid (HF) vapors arising from lithium battery fires that may be
encountered within their work area.

JOSHUA Digitally signed by JOSHUA

TURNER
TURNER Date: 2024.03.15 13:59:18

-04'00'
______________________________
Joshua W. Turner
Area Director

______________________________________________________________________________________________________________________

Suite 200
Atlanta, GA 30345
INVOICE /
DEBT COLLECTION NOTICE
Summary of Penalties for Inspection Number: 1705297
Citation 1 Item 1a, Serious $16,131.00

Citation 1 Item 1b, Serious $0.00
Citation 1 Item 2a, Serious $16,131.00
Citation 1 Item 2b, Serious $0.00
Citation 1 Item 2c, Serious $0.00
Citation 1 Item 2d, Serious $0.00
Citation 1 Item 2e, Serious $0.00
Citation 1 Item 3, Serious $16,131.00
TOTAL PROPOSED PENALTIES: $77,200.00

To avoid additional charges, please remit payment promptly to this Area Office for the total amount of the
uncontested penalties summarized above. Make your check or money order payable to: "DOL-OSHA". Please
indicate OSHA's Inspection Number (indicated above) on the remittance. You can also make your payment
electronically at www.pay.gov. At the top of the pay.gov homepage, type “OSHA” in the Search field and select
Search. From the OSHA Penalty Payment Form search result, select Continue. The direct link is:
https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=53090334. You will be required to enter
your inspection number when making the payment. Payments can be made by credit card or Automated Clearing
House (ACH) using your banking information. Payments of $25,000 or more require a Transaction ID, and also
must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at
(202) 693-2170.
OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or
electronic payment for less than the full amount due, and will cash the check or money order as if these
restrictions or conditions do not exist.
If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our
bank will copy your check and use the account information on it to electronically debit your account for the

amount of the check. The debit from your account will then usually occur within 24 hours and will be shown on
your regular account statement. You will not receive your original check back. The bank will destroy your
original check, but will keep a copy of it. If the EFT cannot be completed because of insufficient funds or closed
account, the bank will attempt to make the transfer up to two times.
Pursuant to the Debt Collection Act of 1982 (Public Law 97-365) and regulations of the U.S. Department of
Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest,
delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the
Occupational Safety and Health Act.
Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all
penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount
becomes due and payable (penalty due date). The current interest rate is one percent (1%). Interest will accrue
from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational
Safety and Health Review Commission (that is, 15 working days from your receipt of the Citation and
Notification of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount
owed is paid within 30 calendar days of the final order.
Delinquent Charges: A debt is considered delinquent if it has not been paid within one month (30 calendar
days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remains
delinquent for more than 90 calendar days, a delinquent charge of six percent (6%) per annum will be assessed
accruing from the date that the debt became delinquent.
Administrative Costs: Agencies of the Department of Labor are required to assess additional charges for the
recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its
attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to
collect the unpaid debt.
JOSHUA TURNER
_________________________________________
Digitally signed by JOSHUA TURNER
Date: 2024.03.15 13:59:57 -04'00'
___________________________
Joshua W. Turner Date
Area Director

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U.S.

Department of Labor Occupational Safety and Health Administration

SK Battery America Inc., dba SK Battery

JOSHUA TURNER Digitally signed by JOSHUA TURNER

Citation and Notification of Penalty

To: Inspection Number: 1705297

Inspection Site: The violation(s) described in this Citation and

Citation and Notification of Penalty Page 1 OSHA-2

Employer Discrimination Unlawful – The law prohibits discrimination by an employer against an

Citation and Notification of Penalty Page 2 OSHA-2

Citation and Notification of Penalty Page 3 OSHA-2

NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE

Henderson Mill Road, Suite 200, Atlanta, GA 30345 on _________________ at

_________________. Employees and/or representatives of employees have a right to attend an

Citation and Notification of Penalty Page 4 OSHA-2

Inspection Number: 1705297

Citation and Notification of Penalty Page 5 OSHA-2

Citation and Notification of Penalty

Company Name: SK Battery America Inc., dba SK Battery

Citation 1 Item 1 a Type of Violation: Serious

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated: April 10, 2024

Citation and Notification of Penalty Page 6 OSHA-2

Citation and Notification of Penalty

Company Name: SK Battery America Inc., dba SK Battery

Citation 1 Item 1 b Type of Violation: Serious

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated: April 10, 2024

Citation and Notification of Penalty Page 7 OSHA-2

Citation and Notification of Penalty

Company Name: SK Battery America Inc., dba SK Battery

Citation 1 Item 2 a Type of Violation: Serious

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated: April 10, 2024

Citation and Notification of Penalty Page 8 OSHA-2

Citation and Notification of Penalty

Company Name: SK Battery America Inc., dba SK Battery

Citation 1 Item 2 b Type of Violation: Serious

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated: April 10, 2024

Citation and Notification of Penalty Page 9 OSHA-2

Citation and Notification of Penalty

Company Name: SK Battery America Inc., dba SK Battery

Citation 1 Item 2 c Type of Violation: Serious

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated: April 10, 2024

Citation and Notification of Penalty Page 10 OSHA-2

Citation and Notification of Penalty

Company Name: SK Battery America Inc., dba SK Battery

Citation 1 Item 2 d Type of Violation: Serious

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated: April 10, 2024

Citation and Notification of Penalty Page 11 OSHA-2

Citation and Notification of Penalty

Company Name: SK Battery America Inc., dba SK Battery

Citation 1 Item 2 e Type of Violation: Serious

ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM

Date By Which Violation Must be Abated: April 10, 2024