OSHA Inspection: WATERSHED FOODS, LLC

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $3,500 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(c)(2):     The Employer did not consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this standard.    The employer did not consult with employees or a contract employee who operated and maintained the ammonia refrigeration system when developing process safety management programs including but not limited to process hazard analysis, management of change program and standard operating procedures.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(c)(3):     The Employer did not provide to employees and their representatives access to process hazard analyses and to all other information required to be developed under this standard.    The employer had not provided access to process safety management information for employees and/or contractors who operated and/or maintained the ammonia refrigeration system.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(e)(5):     The employer did not establish a system to promptly address the teams findings and recommendations; did not assure that the recommendations were resolved in a timely manner and that the resolution was documented; did not document what actions were to be taken; did not complete actions as soon as possible; did not develop a written schedule of when these actions were to be completed; did not communicate the actions to operating, maintenance and other employees whose work assignments were in the process and who may have been affected by the recommendations or actions:    The employer conducted a process hazard analysis in 2005 and contracted a consultant to conduct a process hazard analysis in 2010. The employer did not make a schedule for implementation, document reasons for not implementing corrective actions or ensure resolution of the recommendations provided in those process hazard analyses.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $500 · Current $350 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(ii):     The employer did not perform inspection and testing procedures that followed recognized and generally accepted good engineering practices:    The employer did not implement inspection and testing procedures that followed recognized and generally accepted good engineering practices, including those recommended by their 2010 process hazard analysis, or an equivalent, for the ammonia refrigeration system, including but limited to:    a)  The employer did not conduct inspections as recommended by IIAR Bulletin 9-1997 or equivalent, such as determining if all valves and pipes are labeled.    b)  The employer has not performed testing of safety cut-off switches on the compressors as recommended by ANSI-IIAR 2-2008 or an equivalent.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $3,500 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.119(n):     The employer did not establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan did not include procedures for handling small releases:    The employer's written emergency action plan did not clearly state the steps for the determination of the emergency, the warning of employees or the communication of evacuation.  In addition the employer's emergency action plan did not address the procedures for handling small releases.

Issued

Apr 17, 2012

Abate by

May 1, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.38(f):     The employer did not review the emergency action plan with each employee covered by the plan:    The employer did not train each employee on the specifics of the emergency action plan.

Issued

Apr 17, 2012

Abate by

May 1, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.165(b)(5):     The employer did not establish procedures for sounding emergency alarms in the workplace:    The employer's emergency action plan did not clearly state the procedures for sounding the emergency alarm.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $2,100 · Current $1,470 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:    Maintenance employees are required to wear full-facepiece respirators and the employer had not provided a medical evaluation to ensure of their ability to do so.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(1):     The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):     Maintenance employees were required to wear tight-fitteing full-facepiece air-purifying respirators and the employer did not provide fit testing prior to their use.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1):     The employer did not provide effective training to employees who are required to use respirators, that was comprehensive, understandable and recurred annually or more often as necessary.    Maintenance employees were required to wear full-facepiece air-purifying respirators and the employer did not provide training as required by the standard.Respiratory protection training shall include at least the following:    1.  Why the respirator is necessary and how improper fit, usage or maintenance can compromise the protective effect of the respirator;  2.  What the limitations and capabilities of the respirator are;  3.  How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;  4.  How to inspect, put on and remove, use and check the seals of the respirator;  5.  What the procedures are for maintenance and storage of the respirator;  6.  How to recognize medical signs and symptoms that may limit or prevent the effective use of the respirators; and  7.  The general requirements of the OSHA standard.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $3,500 · Current $0 Reduced

General-duty citation text

29 CFR 1910.151(c):     Where employees were 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:    Employees working in ammonia refrigeration machinery rooms were not provided quick drenching facilities:    a)  In the freezer machinery room the eyewash did not provide an effective flow of water when tested,    b)  Outside the freeze dryer machinery room the safety shower was mechnically damaged and not functional.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $500 · Current $350 Reduced

General-duty citation text

29 CFR 1910.219(c)(4):     The employer did not ensure that projecting shaft ends did not project more than one-half the diameter of the shaft unless guarded by nonrotating caps or safety sleeves:    Employees working on and around the yogurt depositor were exposed to unguarded shaft ends located at both ends of the conveyor which projected more than three times their diameter.

Issued

Apr 17, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.219(f)(3):     Sprocket wheels and chains which were seven -7 feet or less above floors or platforms were not enclosed:    Employees working on or near the yogurt depositor were exposed to an unguarded chain and sprocket wheel located on the carriage depositing the drops.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(g)(1)(i):     The employer did train each employee in the operating procedures as specified in paragraph (f) of 29 CFR 1910.119:    The employer did not train employees and contract employees responsible for operation and maintenance of the ammonia refrigeration system on standard operating procedures and safe work practices specificed in paragraph (f). 29 CFR 1910.119(h)(2)(iii):     The employer did not explain to contract employers the applicable provisions of the emergency action plan required by paragraph (n) of this section:    Contract employees responsible for operation and maintenance of the ammonia refrigeration system were not informed the provisions of the emergency action plan.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(3):     The employer did not train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner:    The employer did not train employees and contract employees responsible for the operation and maintenance of the ammonia refrigeration system on the applicable procedures to ensure mechanical integrity of the system.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $3,500 · Current $0 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 consistent with the process safety information:    The employer had not implemented standard operating procedures created for them by a consultant in 2010 including but not limited to oil draining procedures for the freeze dry system ammonia recirculator.  The contractor hired by Watershed Foods, LLC was never provided with the procedures.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1):     The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:     Employees are exposed to hazardous materials such as nitrogen and anyhrous ammonia and the employer has not created or implemented a hazard communication program.  Such a program shall include at least:    a)	Means of labeling and other forms of warning;    b)	Means to ensure receipt and maintenance of material safety data sheets;    c)	Means to provide employee information and training;    d)	A list of hazardous chemicals known to be present in the workplace;    e)	Methods used to inform employees of the hazards associated with non-routine tasks; and    f)	The means to inform contractors of workplace hazards.

Issued

Apr 17, 2012

Abate by

Jul 2, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h)(1):     The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees had not previously been trained about was introduced into their work area:    Employees were exposed to hazardous materials such as nitrogen and anhydrous ammonia and the employer had not provided training as required by the standard.  Such training shall include at least:    a)  Any operations in their work area where hazardous chemicals are present,     b)  The location and availability of the written hazard communication program, the list of hazardous chemicals, and the material safety data sheets,     c)  Methods and observations that may be used to detect the presence or release of a hazardous chemical,     d)  The physical and health hazards of the chemicals,     e)  The measures employees can take to protect themselves from these hazards, such as work practices, emergency procedures and personal protective equipment, and    f)  The details of the hazard communication program, any labeling system used and how to read and understand material safety data sheets.