OSHA Inspection: DAVISCO FOODS INTERNATIONAL, INC.DBA JEROME CHEESE

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

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

General-duty citation text

29 CFR 1910.23(c)(1):  Every open-sided floor or platform 4 feet or more
above adjacent
floor or ground level was not guarded by a standard railing (or the
equivalent as specified in
paragraph (e)(3) of this section) on all open sides except where there is
entrance to a ramp,
stairway, or fixed ladder.
(a)  Machine Room Roof, on or about November 29, 2010, and at times prior
thereto, employees conducting routine maintenance inspections around the
base
of the 5A and 6A Condenser Units, were exposed to a potential fall of
approximately 20 feet to asphalt.
(b)  Machine Room Roof, on or about November 30, 2010, and at times prior
thereto, an employee was observed putting up caution tape around the base
of
5A and 6A Condenser Units and was exposed to a potential fall of
approximately 20 feet to asphalt.
Note: Abatement certification and documentation ARE required for this
item.

Issued

Apr 18, 2011

Abate by

Sep 29, 2012

Penalty

Current $2,500

General-duty citation text

29 CFR 1910.119(d)(3)(ii) The employer did not document that equipment
complies
with
recognized and generally accepted good engineering practices (RAGAGEP).
(a)  Machine Room Roof, on or about November 29, 2010, and at times prior
thereto, the employer did not document that relief venting for the VES-HX-
ACC-4-Accumulator complied with RAGAGEP in that, the relief vents were at
approximately 8 feet above the work surface which is less than the
required 15
feet above the adjacent grade or roof level.
(b)  Machine Room Roof, on or about November 29, 2010, and at times prior
thereto, the employer did not document that relief venting for Condensers
5A,
5B, 6A, 6B complied with RAGAGEP in that, the relief vents were at
approximately 1 foot below work surface on top of the condensers which is
less than the required 15 feet above the adjacent grade or roof level.
(c)  Machine Room Roof, on or about November 29, 2010, and at times prior
thereto, the employer did not document that relief venting for the HX-3
Glycol/Water Chiller complied with RAGAGEP in that, the relief vents were
at approximately 9-10 feet above the work surface which is less than the
required 15 feet above the adjacent grade or roof level.
(d)  Machine Room Roof, on or about November 29, 2010, and at times prior
thereto, the employer did not document that relief venting for the Machine
Room Relief Vent (RV) Header complied with RAGAGEP in that, the relief
vent was at approximately 5-6 feet above the work surface which is less
than
the required 15 feet above the adjacent grade or roof level.
(e)  Machine Room Roof, on or about November 29, 2010, and at times prior
thereto, the employer did not document that the High Pressure Receiver
complied with RAGAGEP in that, the charging line did not have a check valve
to prevent the contents of the receiver from back flowing in the event of a
severed charging line.
(f)  Machine Room Roof, on or about November 29, 2010, and at times prior
thereto, the employer did not document that the ammonia piping mains,
headers, and branches complied with RAGAGEP in that, they were not all
identified as to the physical state of the refrigerant, the relative
pressure, and
the direction of flow.
(g)Machine Room, on or about November 29, 2010, and at times prior thereto,
the employer did not document that the piping and valves complied with
RAGAGEP in that, they were not all tagged / identified / labeled to
correspond with the P&ID drawings for equipment that includes, but is not
limited to VES-HPR-2, High Pressure Receiver and Compressor HS-9.
(h)Machine Room Roof, on or about November 29, 2010, and at times
priorthereto, the employer did not document that the piping and valves
complied
with RAGAGEP in that, they were not all tagged, identified, & labeled to
correspond with the P&ID drawings for equipment that includes, but is not
limited to Condensers EC-6A & EC-6B, Glycol/Water HX-3, and VES-HX-
ACC-4, Suction Trap.
Note:  Among other methods to comply with recognized and generally
accepted good
engineering practices, the employer may consider the following:
1.Ensure relief venting is in accordance with Equipment, Design, and
Installation of Ammonia Mechanical Refrigerating Systems, ANSI/IIAR-2-
1999, Section 7.3.2 and/or Safety Standard for Refrigeration Systems,
ANSI/ASHRAE Standard 15-2007, Section 9.7.8.
2.Ensure charging lines are equipped with check valves in accordance with
the
American National Standard Safety Requirements for the Storage and Handling
of Anhydrous Ammonia, CGA G-2.1 / ANSI K61.1-1999, Section 7.4.2.
3.Ensure the ammonia piping system is identified in accordance with the
Equipment Design, and Installation of Ammonia Mechanical Refrigerating
Systems; ANSI/IIAR-2-1999, Piping, Section 7.1.4.
4.Ensure the ammonia system components (such as valves) are identified in
accordance with Safety Standard for Refrigeration Systems, ANSI/ASHRAE
Standard 15-2007, Section 11.2.2 (a).
Abatement Note: Abatement certification and documentation ARE required for
this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

General-duty citation text

29 CFR 1910.119(e)(3)(iv):  The process hazard analysis (PHA) did not
address the
consequences of failure of engineering and administrative controls.
(a)  On or about November 29, 2010, and at times prior thereto, the 2009
PHA
did not address the potential impact of a natural gas leak to the site
ammonia
system.
(b)  On or about November 29, 2010, the 2009 PHA did not address the
potential
impact of adverse weather to the site ammonia system.
(c)  On or about November 29, 2010, the 2009 PHA did not address the
potential
impact of a power failure to the site ammonia system.
(d)  On or about November 29, 2010, the 2009 PHA did not address the
potential
impact of a severed charging line while filling the high pressure
receiver.
Note: Abatement certification and documentation ARE required for this
item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

General-duty citation text

29 CFR 1910.119(e)(7):  The employer did not retain process hazards
analyses (PHA) and
updates or revalidations for each process covered by this section.
(a)On or about November 29, 2010, the 1999 PHA was not retained and
available.
(b)On or about November 29, 2010, the 2004 PHA was not retained and
available.
Note: Abatement certification and documentation ARE required for this
item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $7,000 · Current $3,750 Reduced

General-duty citation text

29 CFR 1910.119(f)(1):  The employer did not develop and implement written
operating
procedures that provide clear instructions for safely conducting
activities
involved in each
covered process.
(a)  On or about November 29, 2010, and at times prior thereto, written and
implemented operating procedures were not available for all phases of
operating the ammonia system, including emergencies.
Note: Abatement certification and documentation ARE required for this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $7,000 · Current $2,500 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 integrity of process equipment.
(a)  On or about November 29, 2010, and at times prior thereto, written
mechanical integrity procedures were not in place for routine inspection
and
testing of compressor safety cutouts.
(b)  On or about November 29, 2010, and at times prior thereto, written
mechanical integrity procedures were not in place for inspection and
draining
of oil pots.
(c)On or about November 29, 2010, and at times prior thereto, written
mechanical integrity procedures were not in place for inspection and
repair of
piping and valves showing signs of degradation and rust.
(d)On or about November 29, 2010, and at times prior thereto, written
mechanical integrity procedures were not in place for inspection and
replacement of missing identification tags on components of the ammonia
system.
Abatement note: Abatement certification and documentation ARE required for
this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $7,000 · Current $6,000 Reduced

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $7,000

Issued

Apr 18, 2011

Abate by

May 12, 2011

General-duty citation text

29 CFR 1910.119(o)(5):  Employers did not retain the two (2) most recent
compliance audit
reports.
(a)  On or about November 29, 2010, and at times prior thereto, the
employer did
not have two most recent compliance audit reports.  The 2004 report was
missing.
Abatement note: Abatement certification and documentation ARE required for
this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $7,000 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.120(q)(3)(ii):  The individual in charge of the ICS did not
identify, to the extent
possible, all hazardous substances or conditions present and address as
appropriate site analysis,
use of engineering controls, maximum exposure limits, hazardous substance
handling procedures,
and use of any new technologies.
(a)  Evaporative Condenser 6A pressure relief valve; on or about November
8, 2010,
during the response to an ammonia release, the Incident Commander did not
fully
identify the hazards and conditions present.  Unidentified hazards and
conditions
included, but were not limited to (1) response by an untrained responder;
(2)
unknown concentrations of ammonia vapor, (3) limited visibility, (4)
working off
of a ladder, on a catwalk, approximately 20 feet above the roof level and
40 feet
above the ground level.
Abatement note: Abatement certification and documentation ARE required for
this
item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

General-duty citation text

29 CFR 1910.120(q)(3)(iii):  Based on the hazardous substances and/or
conditions present,
the individual in charge of the ICS did not implement appropriate
emergency operations, and
assure that the personal protective equipment worn was appropriate for the
hazards to be
encountered.
(a)Evaporative Condenser 6A pressure relief valve; on or about November 8,
2010, during the response to an ammonia release, the Incident Commander did
not require personal protective equipment such as, but not limited to a
self-
contained breathing apparatus (SCBA) and a protective suit for isolation
of the
pressure relief valve.
Abatement note: Abatement certification and documentation ARE required for
this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

General-duty citation text

29 CFR 1910.120(q)(3)(v):  The individual in charge of the ICS did not
require operations in
hazardous areas to be performed using the buddy system in groups of two or
more.
(a)  Evaporative Condenser 6A pressure relief valve; on or about November
8,
2010, and at times prior thereto, during the response to an ammonia
release,
the Incident Commander did not require an appropriately equipped second
responder to respond.
Abatement note: Abatement certification and documentation ARE required for
this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

General-duty citation text

29 CFR 1910.120(q)(3)(vi):  Back-up personnel were not on stand by with
equipment ready
to provide assistance or rescue.  Advanced first aid support personnel, as
a minimum, were
not also on stand by with medical equipment and transportation capability.
(a)  Evaporative Condenser 6A pressure relief valve; on or about November
8,
2010, and at times prior thereto, during the response to an ammonia
release,
medical personnel were not notified and on stand by.
Abatement note: Abatement certification and documentation ARE required for
this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $35,000

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $4,000 · Current $2,000 Reduced

General-duty citation text

29 CFR 1910.133(a)(1):  The employer did not ensure that each affected
employee uses
appropriate eye or face protection when exposed to eye or face hazards
from flying particles,
molten metal, liquid chemicals, acids or caustic liquids, chemical gases
or vapors, or
potentially injurious light radiation.
(a)  Maintenance activities, on or about November 29, 2010, and at times
prior
thereto, employees performing maintenance tasks (such as draining oil pots
connected to ammonia refrigeration system equipment), employees were not
required to wear personal protective equipment to prevent facial contact
from
splashes.
Abatement note: Abatement certification is required for this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $5,000 · Current $4,250 Reduced

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation
to determine the
employee's ability to use a respirator, before the employee was fit tested
or required to use
the respirator in the workplace.
(a)  On or about November 29, 2010, and at times prior thereto, all
boiler/refrigeration technicians and other employees who wear full-face
cartridge respirators and/or self-contained breathing apparatus to operate
and
maintain refrigeration equipment and/or are active members of the Plant
Emergency Response Team (HAZMAT) were not medically evaluated.
Abatement note: Abatement certification is required for this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

General-duty citation text

29 CFR 1910.134(f)(2):  The employer did not ensure that an employee using
a tight-fitting
facepiece respirator is fit tested prior to initial use of the respirator,
whenever a different
respirator facepiece (size, style, model or make) was used, and at least
annually thereafter.
(a)  On or about November 29, 2010, and at times prior thereto, all
boiler/refrigeration technicians and other employees who wear full-face
cartridge respirators and/or self-contained breathing apparatus to operate
and
maintain refrigeration equipment and/or are active members of the Plant
Emergency Response Team (HAZMAT) were not fit tested.
Abatement note: Abatement certification is required for this item.

Issued

Apr 18, 2011

Abate by

May 12, 2011

Penalty

Initial $4,000

General-duty citation text

29 CFR 1910.151(c):  Where the eyes or body of any person may be exposed
to injurious
corrosive materials, suitable facilities for quick drenching or flushing
of the eyes and body
were not provided within the work area for immediate emergency use.
(a)  Inside the machine room, on or about November 29, 2010, and at times
prior
thereto, an emergency eyewash and shower was not located within a
reasonable distance of equipment on the west side of the room, like the
high
pressure receiver, oil pot, and several compressors.
(b)  Machine room second level, on or about November 29, 2010, and at times
prior thereto, an emergency eyewash was not located inside the machine room
or within a reasonable distance of operations on the second level between
the
main floor and the roof, like the high pressure receiver and accumulator.
(c)  Machine room roof, on or about November 29, 2010, and at times prior
thereto, an emergency eyewash was not located within a reasonable distance
of
maintenance operations such as oil pot draining, condenser repairs, or
pressure
relief valve replacement.
(d)  Outside areas outside of the machine room, on or about November 29,
2010,
and at times prior thereto, an emergency eyewash not available within a
reasonable distance of operations such as Silo ammonia system work, roof
top
piping repairs, evaporator maintenance or pressure relief valve
maintenance.
Abatement note:  Abatement certification is required for this item.