OSHA Inspection: D G YUENGLING & SON INC.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $3,500 · Current $2,730 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 being struck by falling bottles:
a. At the packaging area: Broken side pan guards on the conveyor exposed
employees
to a struck by hazard when walking/driving under the conveyor do to
falling bottles,
on or about 8/3/10.
Among other methods, one feasible an acceptable method to correct this
hazard is to:
1. Comply with the ASME Standard titled" Safety Standard for Conveyors and
Related Equipment", B20-1990.
2. Repair or replace damage side pan guards.
3. If a broken pan guard cannot be fixed immediately, place warning signs
and/or
barricades that warn and/or prevent personnel from driving and/or walking
under the
conveyor system.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $3,500 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.23(c)(1):  Open sided floor(s) or platform(s) 4 feet or more
above the adjacent
floor or ground level were not guarded by standard railings (or the
equivalent as specified in
29 CFR 1910.23(e)(3)(i) through (v)), on all open sides:
a. At the packaging area: the platform adjacent to the labeler machine was
not
guarded. The platform was 61 inches (5'-1") high exposing employees to
fall on or
about 7/29/10.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

General-duty citation text

29 CFR 1910.23(c)(3):  Standard railing(s) and toeboard(s) were not
provided on open sided
floor(s), walkway(s), platform(s), or runway(s), adjacent to or above
dangerous equipment:
a. At the brew house first floor: A mash/press/filter machine was not
equipped
with
standard railing; employees are exposed to a fall hazard into the machine
on or about
7/29/10.

Issued

Jan 14, 2011

Abate by

Feb 16, 2011

Penalty

Initial $1,750 · Current $1,365 Reduced

General-duty citation text

29 CFR 1910.119(c)(1):   The employer did not develop a written plan of
action regarding the
implementation of the employee participation required by 29 CFR 1910.119:
a. At the site, employees are involved in operating as well as maintaining
a refrigeration
process where anhydrous ammonia is used in quantities over 10,000 lbs. A
written plan
of Employee Participation was not developed and implemented outlining
employee
involvement in all phases of PSM implementation.

Issued

Jan 14, 2011

Abate by

Feb 16, 2011

Penalty

Initial $1,750 · Current $1,365 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(D):  Process safety information pertaining to the
equipment in the
process did not include the relief system design and design basis:
a. At the site, employees were exposed to anhydrous ammonia, in that, a
refrigeration
process was operated and maintained with out having both relief system
documentation
and design basis evaluation.

Issued

Jan 14, 2011

Abate by

May 16, 2011

Penalty

Initial $1,750 · Current $1,365 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(ii):  The employer did not document that the
equipment in the process
complied with recognized and generally accepted good engineering practices:
a. At the site, a refrigeration system consisting of 6 compressors that
operate using
anhydrous ammonia in a quantity over 10,000 lbs. The employer did not
establish and
document that the ventilation system complied with recognized and
generally accepted
good engineering practices, in that, it would adequately handle and
exhaust ammonia
releases from the machine room.
b. At the site, a refrigeration system consisting of 6 compressors that
operate using
anhydrous ammonia in a quantity over 10,000 lbs. Equipment such as, but
not limited
to, piping and piping components were not properly labeled as required by
ANSI/ASME
A13.1 Scheme for Identification of Piping Systems which establishes
criteria for labeling
for above-ground piping systems.

Issued

Jan 14, 2011

Abate by

May 16, 2011

Penalty

Initial $3,500

General-duty citation text

29 CFR 1910.119(e)(1):  The employer did not perform an initial process
hazard analysis
(hazard evaluation) on processes covered by 29 CFR 1910.119:
a. At the site, a refrigeration system with anhydrous ammonia in a
quantity greater
than 10,000 lbs was operated prior to completing the initial Process
Hazard Analysis
to address issues such as, but not limited to:
1. The hazards of the process.
2. The identification of any previous incidents which had a likely
potential for
a catastrophic consequence in the workplace.
3. Engineering and administrative controls applicable to the hazards and
their
interrelationships such as appropriate detection methodologies to provide
early warning of releases.
4. Consequences of failures of engineering and administrative controls.
5. Facility citing including ventilation for the control room.
6. Human factors.
7. A qualitative evaluation of a range of the safety and health effects of
failure
of controls on employees in the workplace.

Issued

Jan 14, 2011

Abate by

May 16, 2011

Penalty

Initial $3,500 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.119(f)(1):  The employer did not develop and implement written
operating
procedures that provided clear instructions for safely conducting
activities in each covered
process consistent with the process safety information and which addressed
the elements listed
in 29 CFR 1910.119(f)(1)(i) through (f)(1)(iv):
a. At the site, a refrigeration system that uses anhydrous ammonia in a
quantity greater
than 10,000 lbs was operated prior to the development and implementation
of written
operating procedures to include elements such as but not limited to the
following
elements:
1. Steps for each operating phase such as, but not limited to, startup and
shutdown,
normal operations, temporary operations, emergency shutdown and normal
shutdown.
2. Operating limits, including consequences of deviation from the
operating limits and
steps required to avoid deviation.
3. Safety and health considerations including precautions to prevent
employee exposure.
4. Safety systems and their functions.

Issued

Jan 14, 2011

Abate by

Aug 1, 2011

Penalty

Initial $3,500 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.119(j)(2):  The employer did not establish and implement
written procedures to
maintain the on-going mechanical integrity of process equipment:
a. At the site, for the maintenance of a refrigeration system consisting
of 6 compressors
where anhydrous ammonia is used in a quantity over 10,000. The employer
did not
develop and implement a written mechanical integrity program for the
maintenance of
Process Safety Management covered equipment.

Issued

Jan 14, 2011

Abate by

Jun 15, 2011

Penalty

Initial $3,500 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.120(q)(2):  The employer did not develop an emergency response
plan for
emergencies which addressed the following minimum requirements of this
standard:
a. At the establishment: The emergency response plan did not include the
minimum
requirements on or about 7/28/2010.
Those minimum requirements were:
1. Pre-emergency planning and coordination with outside parties;
2. Personnel roles, lines of authorization, training and communication;
3. Emergency recognition and prevention;
4. Safe distances and places of refuge;
5. Evacuation routes and procedures;
6. Decontamination;
7. Emergency medical treatment and first aid;
8. Emergency alerting and response procedures;
9. Critique of response and follow-up;
10. Personal protective equipment; and
11. Emergency response organization.

Issued

Jan 14, 2011

Abate by

Jun 14, 2011

Penalty

Initial $3,500 · Current $1,105 Reduced

General-duty citation text

29 CFR 1910.120(q)(6):  The employer did not provide training in
accordance
with
paragraphs (q)(6)(i)-(v) of this section for employees who participated in
or were expected to
participate in emergency response:
a. At the establishment: The employer did not provide training in
emergency response
based on the response level such as but not limited to:
1. First responder awareness level;
2. First responder operations level;
3. Hazardous materials technician;
4. Hazardous materials specialist; and
5. On scene incident commander.

Issued

Jan 14, 2011

Abate by

May 16, 2011

Penalty

Initial $1,375 · Current $1,105 Reduced

General-duty citation text

29 CFR 1910.134(c)(1):  The employer did not establish and implement a
written respiratory
protection program with worksite-specific procedures where respirators
were necessary to
protect the health of the employee or whenever respirators were required
by the employer:
a. At the establishment: The employer did not have a respiratory
protection program
when the employees are authorized to use SCBA in case of emergency in the
facility.
The facility use ammonia as refrigerant on or about 7/28/2010.t

Issued

Jan 14, 2011

Abate by

May 16, 2011

Penalty

Initial $1,750 · Current $1,360 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(ii): The energy control procedures did not clearly
and specifically
outline the scope, purpose, authorization, rules, and techniques to be
utilized for the control
of hazardous energy, including, but not limited to items (a) through (d)
of this section:

Issued

Jan 14, 2011

Abate by

Feb 16, 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
on or
about 7/28/2010.

Issued

Jan 14, 2011

Abate by

Feb 16, 2011

General-duty citation text

29 CFR 1910.147(e)(3)(ii): The lockout or tagout devices removal
procedures did not
document all reasonable efforts to contact the authorized employee to
inform him/her that
his/her lockout or tag out device has been removed.
a. At the establishment: The employer did not have any procedures to
contact the
authorized employee and did not document the steps taken prior to cutting
off an
authorized employee lock on or about 7/28/10.

Issued

Jan 14, 2011

Abate by

Feb 16, 2011

General-duty citation text

29 CFR 1910.147(f)(4): During shift or personnel changes, specific
procedures were not
utilized to ensure the continuity of lockout or tagout
protection,including a provision for the
orderly transfer of lockout or tagout devices between off-going and
oncoming employees, to
minimize exposure to hazards from the unexpected energization, or start-up
of the machine
or equipment, or the release of stored energy:
a. At the establishment: The employer did not develop procedures to ensure
the
continuity of lock out/tag out protection during shift or personnel
changes on or about
7/28/2010.

Issued

Jan 14, 2011

Abate by

May 16, 2011

Penalty

Initial $3,500 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.157(g)(1):  An educational program was not provided for all
employees to
familiarize them with the general principles of fire extinguisher use and
the hazards involved
with incipient stage fire fighting:
a. At the establishment: Employees authorized to use fire extinguisher
were not
trained on or about 07/28/10.
By this date the employer must either correct the alleged violation
Citation 1 Item 13
or implement a Fire Safety Policy, as outlined in 29 CFR 1910.38(a) & (b)
which
includes the evaluation requirements of 29 CFR 1910.157(b).

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $3,500 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.215(a)(4):  Work rest(s) on grinding machinery were not
adjusted closely to
the wheel with a maximum opening of one-eighth inch:
a. At the maintenance shop: A Dayton International Grinder, Model No
2Z341P, had
two work rests at 0.5 inches from the abrasive wheels, on or about 7/29/10.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

General-duty citation text

29 CFR 1910.215(b)(9):  The distance between the abrasive wheel
periphery(s) and the
adjustable tongue or the end of the safety guard peripheral member at the
top exceeded one
fourth inch:
a. At the maintenance shop: A Dayton Industrial Grinder, Model 2Z341P, had
two
tongue guards at 1.0 inch from the abrasive wheels, on or about 7/29/2010/

Issued

Jan 14, 2011

Abate by

Feb 16, 2011

Penalty

Initial $1,750 · Current $1,365 Reduced

General-duty citation text

29 CFR 1910.253(e)(3)(ii)(C)(3): Flashback protection was not provided by
an approved
device that would prevent flame passing into the fuel gas system:
a. At the maintenance shop: An oxygen and acetylene tank used for cutting
were not
equipped with flashback arresters, on or about 7/29/2010.

Issued

Jan 14, 2011

Abate by

Feb 16, 2011

Penalty

Initial $1,750 · Current $1,365 Reduced

General-duty citation text

29 CFR 1910.305(b)(1)(ii): Unused openings in cabinets, boxes, and
fittings were not
effectively closed.
a. At the establishment: Unused openings in electrical panels were not
closed on or
about 7/28/10.
1. In the first floor, fermenting area, next to the fire extinguisher E-21
2. In the maintenance shop: Panel PPII West, PPII-1, breaker 3-3
3. In the subcontractor's warehouse buildinge

Issued

Jan 14, 2011

Abate by

May 16, 2011

Penalty

Initial $1,750 · Current $1,365 Reduced

General-duty citation text

29 CFR 1910.335(b)(1):  Safety signs, safety symbols, or accident
prevention tags were not
used where necessary to warn employees about electrical hazards which
could endanger
them, as required by 29 CFR 1910.145:
a. At the establishment: the employer did not ensure that electrical panel
covers
were
marked to warn employees of electrical hazards such as but not limited to
electric
shock, arc blast, arc flash, and electrocution on or about 7/28/2010.ion

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $1,050 · Current $830 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1)(i):  The written hazard communication program did
not include a
list of the hazardous chemicals known to be present using an identity that
was referenced on
the appropriate material safety data sheet:
a. At the establishment: Chemicals such but not limited to anhydrous
ammonia,
benzene, carbon dioxide on or about 07/28/10.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $1,050 · Current $830 Reduced

General-duty citation text

29 CFR 1910.1200(g)(1):  The employer did not have a material safety data
sheet
for each
hazardous chemical which they used:
a. At the establishment: The employer did not have available material
safety data
sheets for chemicals such as but not limited to: LPS Heavy Duty Silicone
Lubricant
and Winzer Power Tube RTV Clear on or about 7/29/10.

Issued

Jan 14, 2011

Abate by

Feb 18, 2011

Penalty

Initial $3,500 · Current $2,730 Reduced

General-duty citation text

29 CFR 1910.1200(h):  Employees were not provided information and training
as specified
in 29 CFR 1910.1200(h)(1) and (2) on hazardous chemicals in their work
area at the time of
their initial assignment and whenever a new hazard was introduced into
their work area:
a. At the establishment: Employees exposed to ammonia, carbon dioxide,
soda caustic
among other chemicals were not trained, on or about 8/11/10.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $700 · Current $560 Reduced

General-duty citation text

29 CFR 1904.32(b)(3): The Summary of Work-Related Injuries and Illnesses
(OSHA Form
300A or equivalent) was not properly certified:
a. At the establishment: The OSHA 300A or equivalent for the year 2006 was
not
certified.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $700 · Current $560 Reduced

General-duty citation text

29 CFR 1904.32(b)(3): The Summary of Work-Related Injuries and Illnesses
(OSHA Form
300A or equivalent) was not properly certified:
a. At the establishment: The OSHA 300A or equivalent for the year 2007 was
not
certified.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $700 · Current $560 Reduced

General-duty citation text

29 CFR 1904.32(b)(3): The Summary of Work-Related Injuries and Illnesses
(OSHA Form
300A or equivalent) was not properly certified:
a. At the establishment: The OSHA 300A or equivalent for the year 2008 was
not
certified.

Issued

Jan 14, 2011

Abate by

Jan 19, 2011

Penalty

Initial $700 · Current $560 Reduced

General-duty citation text

29 CFR 1904.32(b)(3): The Summary of Work-Related Injuries and Illnesses
(OSHA Form
300A or equivalent) was not properly certified:
a. At the establishment: The OSHA 300A or equivalent for the year 2009 was
not
certified.

Issued

Jan 14, 2011

Abate by

Feb 1, 2011

General-duty citation text

29 CFR 1910.145(c)(2)(i):  Caution signs were not used to warn against
potential hazards or
to caution against unsafe practices:
A. At the packaging area: Employees were allowed to walk under the filler
conveyor
and the conveyor had a headroom clearance of 65" (5'-5") exposing
employees to
head injuries on or about 7/29/10.

Issued

Jan 14, 2011

Abate by

Feb 16, 2011

General-duty citation text

29 CFR 1910:303(g)(1): Sufficient access and working space was not
provided and
maintained about all electric equipment to permit ready and safe operation
or maintenance of
such equipment:
a. At the establishment: Electrical panels were blocked on or about
7/28/2010.
1. In the maintenance shop: Panel PP-11 - 120V One 120V/240V was blocked
by fan blades.
2. At the 4th floor in front of the elevator: An electrical panel 120 V was
blocked by the table
3. In the area between production area and warehouse: An electrical panel
120V/240V was blocked by cardboard in a pallet.