OSHA Inspection: MILLARD REFRIGERATED SERVICES, INC.

Issued

Feb 22, 2011

Abate by

Mar 2, 2011

Penalty

Initial $2,500 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.23(a)(2):  Ladderway floor opening(s) or platform(s) were not
provided with
swinging gates or were not so offset that a person could not walk directly
into the opening:
a)Phase 2 West Side of the condensers: On or about December 8, 2010, and at
times prior, the employer did not ensure that employees were protected
from fall
hazards. The caged ladders used to access the condenser coils were not
equipped
with swing gates.

Issued

Feb 22, 2011

Abate by

Mar 18, 2011

Penalty

Initial $7,000

General-duty citation text

29 CFR 1910.119(e)(3)(ii):  The process hazard analysis did not identify
any previous incident
which had a likely potential for catastrophic consequences in the
workplace:
a)Phase 2: On or about August 23, 2010, and at times prior, the employer
did not
ensure that employees were protected from anhydrous ammonia hazards. The
Process Hazard Analysis revalidation for Phases 1 and 2 conducted on or
about
May, 2010, did not take into consideration the prior anhydrous ammonia
leaks
from Phase 2. Specifically, on or about April 25, 2007, a rupture in lines
and
main header occurred on blast tunnel zone 3 resulting in approximately 110
pounds of anhydrous ammonia to be released, and on or about January 6,
2010,
an unknown quantity of anhydrous ammonia was released when on blast one
zone
3 a weld on a suction head cracked. This latter release was treated by the
employer as an "Ammonia odor" instead of an "Ammonia Refrigeration Incident
Summary".tion

Issued

Feb 22, 2011

Abate by

Mar 18, 2011

Penalty

Initial $7,000 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.119(g)(3):  The employer did not ascertain that each employee
involved in
operating a process had received and understood the training required by
this paragraph:
a)Phase 1 and Phase 2: On or about August 23, 2010, an at times prior, the
employer did not ensure that the employees were protected from anhydrous
ammonia inhalation hazards. The plant engineer in charge of the operation
of the
facility had not understood the training requirements of this standard.nts

Issued

Feb 22, 2011

Abate by

Mar 18, 2011

Penalty

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

General-duty citation text

29 CFR 1910.120(q)(3)(iv):  Positive-pressure self-contained breathing
apparatus was not worn
by employees engaged in emergency response and exposed to hazardous
substances presenting
an inhalation hazard or potential inhalation hazard, until such time that
the individual in charge
of the ICS determined through the use of air monitoring that a decreased
level of respiratory
protection would not result in hazardous exposures to employees:
a)Roof of building: On or about August 23, 2010 the employer allowed
employees
to be exposed to ammonia gas in unknown concentrations in that the
employees
wore no respirator or a cartridge type air purifying respirator when
entering onto
the roof to close valves to isolate the ammonia leak.ia

Issued

Feb 22, 2011

Abate by

Mar 18, 2011

Penalty

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

General-duty citation text

29 CFR 1910.120(q)(6)(iii):  Hazardous naterials technicians did not
receive at least 24 hours
of training equal to the first responder operations level:
a)Roof of building: On or about August 23, 2010 the employer allowed
employees
to be exposed to ammonia gas in unknown concentrations when entering onto
the
roof to close valves to isolate the ammonia leak in that the employees had
not
been trained on the implementation of the employers emergency response
plan,
the classification, how to function within an assigned role in the incident
command system, how to select and use proper specialized chemical personal
protective equipment provided, understand hazard and risk assessment
techniques,
how to perform advance control, containment, and /or confinement operations
within the capabilities of the resources and personal protecive equipment
available
with the unit, understand and implement decontamination procedures, and
understand termination procedures.

Issued

Feb 22, 2011

Abate by

Mar 18, 2011

General-duty citation text

29 CFR 1910.134(k)(3):  The employer did not provide training prior to
requiring employees
to use a respirator in the workplace:
a)Roof of building: On or about August 23, 2010 the employer allowed
employees
to be exposed to ammonia gas in unknown concentrations in that the
employees
entered onto the roof to close valves to isolate the ammonia leak and these
employees had not received training in the use of respirators.ns

Issued

Feb 22, 2011

Abate by

Mar 4, 2011

Penalty

Initial $1,000 · Current $750 Reduced

General-duty citation text

29 CFR 1904.7(b)(1):  The employer had not determined as to whether a work
related injury
met the criteria established in 1904.7(b)(1)(i-vi):
a)2008 OSHA 300 Log: On or about August 23, 2010 the classification of the
case
(Columns G-J) was not completed for entries 1 through 13.ough

Issued

Feb 22, 2011

Abate by

Mar 4, 2011

Penalty

Initial $1,000 · Current $750 Reduced

General-duty citation text

29 CFR 1904.7(b)(1):  The employer had not determined as to whether a work
related injury
met the criteria established in 1904.7(b)(1)(i-vi):
a)2009 OSHA 300 Log: On or about August 23, 2010 the classification of the
case
(Columns G-J) was not completed for entry 4.try

Issued

Feb 22, 2011

Abate by

Mar 4, 2011

Penalty

Initial $1,000 · Current $750 Reduced

General-duty citation text

29 CFR 1904.29(b)(1):  A Log of all recordable work-related injuries and
illnesses (OSHA Form
300 or equivalent), was not completed in the detail as required by the
regulation:
a)2008 OSHA 300 log: On or about August 23, 2010 the injury sustained by
the
employee was not described in Column for Entries 1, 2, 4, 5, 6, 7, 9, 10,
13 and
14.

Issued

Feb 22, 2011

Abate by

Mar 4, 2011

Penalty

Initial $1,000 · Current $750 Reduced

General-duty citation text

29 CFR 1904.29(b)(1):  A Log of all recordable work-related injuries and
illnesses (OSHA Form
300 or equivalent), was not completed in the detail as required by the
regulation:
a) 2009 OSHA 300 log: On or about August 23, 2010 the employer did not
describe
the type of injury for entries 1 and 4.d

Issued

Feb 22, 2011

Abate by

Mar 4, 2011

Penalty

Initial $1,000 · Current $750 Reduced

General-duty citation text

29 CFR 1904.29(b)(3): Each recordable injury or illness was not entered on
the OSHA 300 Log
within seven (7) calendar days of receiving information that a recordable
injury or illness has
occurred:
a)Millard Refrigerated Services Facility: On or about August 23, 2010 the
employer
failed to record the injury of an employee who was exposed to ammonia gas
and
lost consciousness while operating a loading crane.
b)Millard refrigerated services Facility: On or about August 23, 2010 the
employer
failed to record the injury of an employee who overheated during the
emergency
response and was treated and transported to the hospital for evaluation.

Issued

Feb 22, 2011

Abate by

Mar 4, 2011

Penalty

Initial $1,000

General-duty citation text

29 CFR 1904.32(b)(3):  A company executive did not certify that he or she
has examined the
OSHA 300 Log and that he or she reasonably believed, based on his or her
knowledge of the
process by which the information was recorded, that the annual summary was
correct and
complete:
a)2007 OSHA 300A: On or about August 23, 2010 the OSHA 300A Summary of
Work Related Injuries and Illnesses was not signed.es

Issued

Feb 22, 2011

Abate by

Mar 11, 2011

General-duty citation text

29 CFR 1910.147(c)(6)(i): The employer did not conduct a periodic
inspection of the energy
control procedure at least annually to ensure that the procedure and the
requirement of this
standard were being followed:
a)Millard facility: On or about August 23, 2010 and at times prior the
employer
exposed employees to unexpected start-up of compressors in that the
periodic
inspections had not been completed for energy control procedures.