OSHA Inspection: ENVIRONMENTAL ENERGY PARTNERS LLC

Issued

2012-12-18 00:00:00

Abate by

2013-10-04 00:00:00

Penalty

Initial $1200.00 · Current $600.00 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act:  The employer did not furnish a place of employment free from recognized hazards that were causing or likely to cause death or serious physical harm in that employees were exposed to fire and explosion hazards while working in the wood pellet manufacturing facility:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not install spark detection equipment or a fire suppression system on manufacturing equipment.  This condition potentially exposes employees to a fire.  Abatement Note:  The employer did not design, install, and operate the wood pellet processing equipment according to national consensus standards and guidelines for wood processing and woodworking facilities including but not limited to NFPA 664, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities, 2007 Edition.  Sections 8.2.2.2.2 and 8.2.2.2.3 of NFPA 664 describe the requirements for duct systems with fire and deflagration hazards.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-01-05 00:00:00

Penalty

Initial $1200.00 · Current $600.00 Reduced

General-duty citation text

29 CFR 1910.22(a)(1):  All places of employment, passageways, storerooms, and service rooms were not kept clean and orderly and in a sanitary condition:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer allowed explosive wood dust to accumulate on walls, trusses, motors, standard electrical fixtures, and the top of equipment throughout the facility.  This condition exposes employees to a fire hazard.  Abatement Note:  Immediate cleaning is warranted whenever a dust layer of 1/32-inch thickness (thickness of a typical paper clip) accumulates over 5% of the surface area in the work area.  Surfaces that can accumulate dust include overhead beams, joists, ducts, tops of equipment, and even vertical walls.    Abatement Note:  Sections 8.2.2.5.1.4, 8.2.2.5.2, and 8.2.2.5.3 of NFPA 664 describe the requirements for design, construction, and location of dust collectors.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-01-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.242(b):  Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i.:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, compressed air used for cleaning at the pelletizer was not reduced to less than 30 p.s.i.  The average pressure was measured to be approximately 80 p.s.i.  This condition exposes employees to combustible dust and flying projectile hazards.    Abatement Note:  Abatement certification is required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-02-28 00:00:00

Penalty

Initial $1600.00 · Current $800.00 Reduced

General-duty citation text

29 CFR 1910.147(c)(1):  The employer did not establish a program consisting of an energy control procedure and employee training to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, start-up, or release of stored energy could occur and cause injury, the machine or equipment would be isolated, and rendered inoperative in accordance with 29 CFR 1910.147(c)(4):  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not establish a program consisting of an energy control procedure and employee training to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, start-up, or release of stored energy could occur and cause injury, the machine or equipment would be isolated, and rendered inoperative, including but not limited to the pelletizer, the chipper trough, and the chipper.  This condition potentially exposes employees to hazards such as, but not limited to, crushing, lacerations, and amputations.  Abatement Note:  As part of an energy-control program, employers must:  (1)  Establish energy-control procedures for removing the energy supply from machines and for putting appropriate lockout or Tagout devices on the energy-isolating devices to prevent unexpected re-energization.  When appropriate, the procedure also must address stored or potentially re-accumulated energy.  (2)  Train employees on the energy-control program, including the safe application, use, and removal of energy controls; and,  (3)  Inspect these procedures periodically (at least annually) to ensure that they are being followed and that they remain effective in preventing employee exposure to hazardous energy.  The energy-control procedures must outline the scope, purpose, authorization, rules, and techniques that employees will use to control hazardous energy sources, as well as the means that will be used to enforce compliance.  These procedures must provide employees at least the following information:  (1)  A statement on how to use the procedures;  (2)  Specific procedural steps to shut down, isolate, block, and secure machines;  (3)  Specific steps designating the safe placement, removal, and transfer of lockout/Tagout devices and identifying who has responsibility for the lockout/Tagout devices; and,  (4)  Specific requirements for testing machines to determine and verify the effectiveness of lockout devices, Tagout devices, and other energy-control measures.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Penalty

Initial $1200.00 · Current $600.00 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)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not provide an educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting.  This condition exposes employees to a fire hazard.  Abatement Note:  Employees must receive initial fire extinguisher education with annual retraining.  In addition, Environmental Energy Partners LLC must develop an emergency action plan which designates which employees will use fire extinguishers and under what circumstances, and which employees will evacuate and how they will evacuate.  Abatement Note:  Abatement certification is not required for this item.

Issued

2012-12-18 00:00:00

Abate by

2013-01-31 00:00:00

Penalty

Initial $1200.00 · Current $600.00 Reduced

General-duty citation text

29 CFR 1910.212(a)(1):  One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not guard the conveyor system moving materials from the live bed to the hammermill.  The lower portion of the conveyor system beneath the live bed was not guarded and was in contact with a pile of combustible dust.  This condition potentially exposes employees to a fire hazard.  (b)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not guard the rotating shaft connecting the motor to the screw auger for the storage bins at the east side of the chipping tent.  This condition potentially exposes employees to a caught-in hazard.  (c)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before July 31, 2012, the employer did not guard the conveyor system moving materials from the pelletizer to the screener.  The lower portion of the conveyor system beneath the pelletizer was not guarded and was in contact with a pile of combustible dust.  This condition potentially exposes employees to caught-in and fire hazards.  (d)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before July 31, 2012, the employer did not guard the conveyor system at the bagging station.  The condition potentially exposes employees to a caught-in hazard.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-01-31 00:00:00

Penalty

Initial $1200.00 · Current $600.00 Reduced

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A):  Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer permitted use of temporary wiring in lieu of permanent to power motors throughout the facility.  These motors include, but are not limited to, motors powering the screw augers in the chipping tent.  This condition exposes employees to electrical and combustible dust hazards.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-01-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.307(c):  Electrical equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer operated standard electrical outlet boxes, junction boxes, switches, and motors throughout the facility that were not rated for a Class II Division II location.  This condition exposes employees to a fire hazard.  Abatement Note:  The National Electric Code, NFPA 70, contains guidelines for determining the type and design of equipment and installation that will meet this requirement.  Those guidelines address electric wiring, equipment, and systems installed in hazardous (classified) locations and contain specific provisions for the following:  wiring methods, writing connections; conductor insulation, flexible cords, sealing and drainage, transformers, capacitors, generators, motors, lighting fixtures, stargaze battery charging equipment, electric cranes, electric hoists and similar equipment, utilization equipment, signaling systems, alarm systems, remote control systems, local loud speaker and communication systems, ventilation piping, live parts, lightning surge protection, and grounding.    Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-01-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(c)(1):  The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average (TWA) sound level of 85 decibels measured on the A scale (slow response), or equivalently, a dose of fifty percent:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average (TWA) sound level of 85 decibels measured on the A scale (slow response), or equivalently, a dose of fifty percent.  Employees conduct various pellet manufacturing operations such as, but not limited to, pelletizer and hammermill monitoring, bagging, and maintenance.  On July 31, 2012, one employee conducting pelletizer and hammermill monitoring was exposed to a noise at a dose in excess of the fifty percent dose action level.  The employee was exposed to noise at a dose of 98.74%.  This is 1.97 times the action level.  This condition exposed the employee to a hazardous noise dose.  Abatement Note:  A Hearing Conservation Program shall consist of:  (1)  Development and implementation of a noise monitoring program;  (2)  Notification of employees who are exposed to noise doses in excess of the action level (50% dose);   (3)  Baseline audiogram within six months of exposure at or above the action level with annual follow-up audiogram for purposes of tracking changes in employee hearing acuity;  (4)  Providing a variety of hearing protection and requiring its use where employees are exposed to noise above the Permissible Exposure Limit (PEL) of 100% dose, where employees are exposed to noise above the Action Limit (AL) of 50% dose and have not received a baseline audiogram or has experienced a standard threshold shift;   (5)  Annual training with regards to effects of noise upon hearing, use of hearing protection, and the purpose of the audiometric testing; and,  (6)  Retention of all records including audiometric testing results and noise monitoring results.  Abatement Note:  Abatement certification is required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(c)(1):  A written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section, was not established and implemented where respirator(s) were necessary to protect the health of the employee or whenever respirator(s) were required by the employer:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not ensure a worksite specific written respiratory program was established and implemented in the workplace when the use of respirators was required during fabrication tasks.  The employer requires the use of half-mask elastomeric and N95 respirators for pellet manufacturing operations which include, but are not limited to, housekeeping and pelletizing.  This condition exposes employees to respiratory hazards associated with the use of negative pressure respirators.    Abatement Note:  The employer shall include in the program the following provisions of 29 CFR 1910.134 as applicable:  (1)  Procedures for selecting respirators for use in the workplace;  (2)  Medical evaluations of employees required to use respirators;  (3)  Fit testing procedures for tight-fitting respirators;  (4)  Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;  (5)  Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators;  (6)  Procedures to ensure adequate air quality, quantity, and flow of breathing air for atmosphere-supplying respirators;  (7)  Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;  (8)  Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and,  (9)  Procedures for regularly evaluating the effectiveness of the program.  Abatement Note:  Abatement certification is not required for this item.

Issued

2012-12-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(e)(1):  The employer did not provide a medical evaluation to determine the employees ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not provide a medical evaluation to each employee required to wear a half-mask elastomeric respirator or dust mask for manufacturing operations such as, but is not limited to, housekeeping and pelletizing.  This condition exposes employees to the physiological hazards of wearing a respirator without the evaluation of a physician or other licensed healthcare professional.    Abatement Note:  The employer may discontinue an employees medical evaluations when the employee is no longer required to use a respirator.  Abatement Note:  The respirator medical examination shall be provided prior to an employee being assigned to a job that requires the use of a respirator.  Abatement Note:  The recommendation shall provide only the following information:  (1)  Any limitations on respirator use related to the medical condition of the employee, or relating to the workplace conditions in which the respirator will be used, including whether or not the employee is medically able to use the respirator;  (2)  The need, if any, for follow-up medical evaluations; and,  (3)  A statement that the PLHCP has provided the employee with a copy of the PLHCPs written recommendation.  Abatement Note:  Abatement certification is not required for this item.

Issued

2012-12-18 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(f)(2):  The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not ensure that employees using tight-fitting facepiece respirators were fit tested prior to initial use of the respirator.  The employer requires use of half-mask elastomeric respirators or dust masks for manufacturing operations such as, but is not limited to, housekeeping and pelletizing.  On August 2, 2012, one employee performing general housekeeping in the chipping tent was exposed to total dust particulates at a concentration greater than the 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 15 milligrams per cubic meter.  The employee was exposed to total dust particulate at a concentration of 17.7 milligrams per cubic meter as an 8-hour TWA.  This is 1.2 times the PEL.  Air monitoring was conducted for 263 minutes.  (b)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not ensure that employees using tight-fitting facepiece respirators were fit tested prior to initial use of the respirator.  The employer requires use of half-mask elastomeric respirators or dust masks for manufacturing operations such as, but is not limited to, housekeeping and pelletizing.  This condition exposed employees to respiratory hazards.  Abatement Note:  Abatement certification is not required for this item.

Issued

2012-12-18 00:00:00

Abate by

2013-01-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(h)(2)(i):  Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer permitted half-mask elastomeric respirators to be stored open without being protected from dust and contamination and with dust-contaminated tools, and an N95 hanging from equipment in the chipping tent.  These respirators were exposed to airborne contaminants.  This condition potentially exposed an employee to a respiratory hazard.  Abatement Note:  Abatement certification is required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-07-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.134(k):  The employer did not provide comprehensive, understandable, annual training for employees required to wear respirators in the workplace:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, the employer did not provide respiratory protection training prior to employees using respirators in the workplace.  Employees are required to wear half-mask elastomeric respirators and N95 dust masks while conducting pellet manufacturing operations.  These operations expose employees to total dust.  Employees were unaware of user seal checks, proper storage of respirators, when to change filters, and limitations of wearing a respirator with facial hair.  This condition exposes employees to respiratory hazards.  Abatement Note:  The employer shall ensure that each employee can demonstrate knowledge of 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 for 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 respirators; and,  (7)  The general requirements of this section.  Abatement Note:  Abatement certification is not required for this item.

Issued

2012-12-18 00:00:00

Abate by

2013-07-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1000(a)(2):  Employees were exposed to a substance listed in Table Z-1, in any 8-hour work shift of a 40-hour work week, in excess of the 8-hour Time Weighted Average (TWA) limit given for that substance:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On August 2, 2012, one employee performing general housekeeping in the chipping tent was exposed to total dust particulates at a concentration greater than the 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 15 milligrams per cubic meter.  The employee was exposed to total dust particulate at a concentration of 17.7 milligrams per cubic meter as an 8-hour TWA.  This is 1.2 times the PEL.  Air monitoring was conducted for 263 minutes.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-05-30 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.1000(e):   Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On August 2, 2012, the employer did not implement feasible administrative or engineering controls to reduce and maintain employee exposure to total dust particulates in accordance with the schedule in Table Z-1 of this paragraph.  On August 2, 2012, one employee performing general housekeeping in the chipping tent was exposed to total dust particulates at a concentration greater than the 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 15 milligrams per cubic meter.  The employee was exposed to total dust particulate at a concentration of 17.7 milligrams per cubic meter as an 8-hour TWA.  This is 1.2 times the PEL.  Air monitoring was conducted for 263 minutes.  Abatement Note:  Abatement of this item will normally be multi-step as follows:  (1)  Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.  STEP 1 ABATEMENT DATE (15 DAYS):  X  (2)  Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan should include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:  (a)  Evaluation of the extent and location of the hazard source;  (b)  Evaluation of control measure options;  (c)  Selection of optimum control measures;  (d)  Determination of control measure designs;  (e)  Ordering and delivery of equipment;  (f)  Installation of control measures;  (g)  Training of employees in proper operation and maintenance of newly implemented control measures; and,  (h)  Assurance of the effective performance of control measures.  All control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.  STEP 2 ABATEMENT DATE (60 DAYS):  X  (3)  Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.  STEP 3 ABATEMENT DATE (90 DAYS):  X  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-01-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.253(b)(4)(iii):  The employer did not separate oxygen cylinders in storage from fuel-gas cylinders, or combustible materials, but a minimum of 20 feet, or by a noncombustible barrier at least 5 feet high having a fire resistance rating of a least  hour:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before June 20, 2012, oxygen cylinders were stored in proximity to combustible dust.  This condition exposes employees to fire and explosion hazards.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2012-12-18 00:00:00

Abate by

2013-01-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(B):  Flexible cords and cables were permitted to be used running through holes in walls, ceilings, or floors:  (a)  Environmental Energy Partners LLC at 120 Main Street, Silver Plume, CO 80476:  On and before July 31, 2012, the employer permitted use of an extension cord running through the wall and roof of the facility to power the diesel fuel tank.  This condition potentially exposes employees to an electrical hazard.  Abatement Note:  Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).