OSHA Inspection: FAZOLI'S ITALIAN RESTAURANT

Issued

Jul 30, 1997

Abate by

Oct 1, 1997

Penalty

Initial $5,000 · Current $3,000 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The
employer did not
furnish employment and a place of employment which were free from
recognized hazards that
were causing or likely to cause death or serious physical harm to
employees in that employees
were exposed to burns from boiling liquids:
(a)The marine latch mechanism for the Cleveland kettles becomes obstructed
or damaged
after usage such that it no longer properly catches and holds the kettle
in a locked
position upon release of the kettle handle.  A marine latch was not
working properly
prior to and on 4/12/97, when an employee received serious burns to her
body when a
kettle spilled.  Damage had been previously reported to the management.
No signs
warning of mechanical problems were posted, nor was the problem kettle
taken out of
service or otherwise restricted until repairs could be scheduled.
Feasible means of abatement include, but are not limited to the following:
1)Daily or at each shift change, inspect the condition of the marine latch
to assure good
operating condition.  Any kettle with a damaged latch should be tagged as
out of service
until latch repair or replacement can be effected.  All repairs should be
completed by the
manufacturer's authorized service provider.
2)Establish a latch cleaning program to prevent the sticky build up of
starch water and/or
sauce on the latch mechanism.
3)Examine and look to modify the current operating parameters for the
table where the
Cleveland kettles are positioned.  The sizing and positioning of the table
require an
approximate horizontal reach of at least 30 inches and a vertical distance
of 46 inches to
stir or otherwise handle foodstuffs within the pot, and greater reach to
dip food bags out.
The original manufacturer's table has a maximum horizontal reach of 12-14
inches and
vertical reach of 17 3/4 inches.  Pasta makers are unable to work adjacent
to the kettles
because of a 22 inches wide, permanently fixed trough attached to the
front table
assembly.  Employees having difficulties reaching across the kettles to
stir or pull packets
out of the kettles climb onto the trough for better access, potentially
damaging the
equipment and/or more likely to slip and fall.
4)Additionally the whole table is set in a corner such that employees
cannot reach the pots
by any shorter route.  Modifications could include:
--Repositioning of the table so that employees can stir and access pots
from closer
positioning, using the trough as needed for draining pasta using tipping
handles;
--Reattaching the trough as a slidable unit (similar to original
manufacturer design)
that slides in during stirring and other jobs needing close access, and
slides out
to act as a drainage trough when kettles are tipped to load pasta or
sauces into
transfer containers;
--Provision of employee platform or other access such that the reach is
reduced.
Any walking surface in the area should include the means to prevent slips
in a
wet environment.
5)Training and enforcement of work safety rules regarding this hazard such
that standing
on equipment or usage of damaged equipment is strictly prohibited.