OSHA Inspection: LAND O' LAKES PURINA FEED, LLC

Issued

Mar 4, 2010

Abate by

Mar 30, 2010

Penalty

Initial $2,625 · Current $1,575 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 fall hazards:
(a)Land O' Lakes Purina Feed, LLC & 9200 E. 90th Avenue, Henderson,
CO 80640: The employer did not assess the workplace hazards to determine
what hazards were present and select and require the use of appropriate
fall
protection equipment for employees that have to access the top of bulk feed
trailers to open hatches. This condition exposed the employees to fall
hazards
of approximately 14 feet high.
Abatement Note:  When then employer has determined that hazards are
present, or likely to
be present, the employer shall:
(1)Select, and have each affected employee use, the types of PPE that will
protect
the affected employee from the hazards identified in the hazard assessment;
(2)Communicate selection decisions to each affected employee; and,
(3)Select PPE that properly fits each affected employee.
(4)The employer shall verify that the required workplace hazard assessment
has
been performed through a written certification that identifies the
workplace
evaluated; the person certifying that the evaluation has been performed;
the
date(s) of the hazard assessment; and, which identifies the document as a
certification of hazard assessment.
(5)Defective and damaged equipment. Defective or damaged personal
protective
equipment shall not be used.
(6)The employer shall provide training to each employee who is required by
this
section to use PPE. Each such employee shall be trained to know at least
the
following:
(a)When PPE is necessary;
(b)What PPE is necessary;
(c)How to properly don, doff, adjust, and wear PPE;
(d)The limitations of the PPE; and,
(7)Each affected employee shall demonstrate an understanding of the
training
specified in paragraph (1) of this section, and the ability to use PPE
properly,
before being allowed to perform work requiring the use of PPE.(8)When the
employer has reason to believe that any affected employee who has
already been trained does not have the understanding and skill required by
paragraph (2) of this section, the employer shall retrain each such
employee.
Circumstances where retraining is required include, but are not limited to,
situations where:
(a)Changes in the workplace render previous training obsolete; or
(b)Changes in the types of PPE to be used render previous training
obsolete; or
(c)Inadequacies in an affected employee's knowledge or use of assigned
PPE indicate that the employee has not retained the requisite
understanding or skill.
(9)The employer shall verify that each affected employee has received and
understood the required training through a written certification that
contains
the name of each employee trained, the date(s) of training, and that
identifies
the subject of the certification.
(10)Paragraphs (d) and (f) of this section apply only to 1910.133,
1910.135,
1910.136, and 1910.138. Paragraphs (d) and (f) of this section do not
apply to
1910.134 and 1910.137.
Note: Non-mandatory Appendix B contains an example of procedures that would
comply with the requirement for a hazard assessment.
Abatement Note:  Abatement certification and documentation are required
for this item (see
enclosed "Sample Abatement-Certification Letter").-Certification

Issued

Mar 4, 2010

Abate by

Mar 30, 2010

Penalty

Initial $1,500 · Current $900 Reduced