OSHA Inspection: LANDES FOODS, LLC

Issued

Feb 13, 2013

Abate by

Mar 7, 2013

Penalty

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

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:    The employer does not maintain an audiometric testing program for all employees whose noise exposures equal or exceed an 8-hour time-weighted average (TWA) of 85 dBA.  This violation occurred on August 22 and 24, 2012, when the employer had not made audiometric testing available to employees whose noise exposure exceeded an 8-hour TWA of 85 dBA.     a) In the corn processing department, a lead operator was exposed to continuous noise levels at 74.61% of the permissible 8-hour TWA.  The equivalent level of 74.61% is approximately 87.8 dBA.  Sampling was performed for 480 minutes during one shift.     b) In the corn processing department, a machine operator/lead assistant was exposed to continuous noise levels at 81.76% of the permissible 8-hour TWA.  The equivalent level of 81.76% is approximately 88.5 dBA.  Sampling was performed for 472 minutes during one shift.  Zero exposure was assumed for the unsampled period of 8 minutes.    c) In the corn processing department, a machine operator was exposed to continuous noise levels at 81.69% of the permissible 8-hour TWA.  The equivalent level of 81.69% is approximately 88.5 dBA.  Sampling was performed for 464 minutes during one shift.  Zero exposure was assumed for the unsampled period of 16 minutes.    d) In the corn processing department, a grinder operator was exposed to continuous noise levels at 80.95% of the permissible 8-hour TWA.  The equivalent level of 80.95% is approximately 88.4 dBA.  Sampling was performed for 478 minutes during one shift.  Zero exposure was assumed for the unsampled period of 2 minutes.    e) In the flour processing department, a lead operator was exposed to continuous noise levels at 103.1% of the permissible 8-hour TWA.  The equivalent level of 103.1% is approximately 90.2 dBA.  Sampling was performed for 475 minutes during one shift.  Zero exposure was assumed for the unsampled period of 5 minutes.    f) In the flour processing department, a machine operator was exposed to continuous noise levels at 90.53% of the permissible 8-hour TWA.  The equivalent level of 90.53% is approximately 89.2 dBA.  Sampling was performed for 462 minutes during one shift.  Zero exposure was assumed for the unsampled period of 18 minutes.    g) In the flour processing department, a machine operator was exposed to continuous noise levels at 112.2% of the permissible 8-hour TWA.  The equivalent level of 112.2% is approximately 90.8 dBA.  Sampling was performed for 480 minutes during one shift.      h) In the corn processing department, a corn cooker operator was exposed to continuous noise levels at 91.43% of the permissible 8-hour TWA.  The equivalent level of 91.43% is approximately 89.3 dBA.  Sampling was performed for 480 minutes during one shift.    i) In the corn processing department, a chip fryer operator was exposed to continuous noise levels at 93.88% of the permissible 8-hour TWA.  The equivalent level of 93.88% is approximately 89.5 dBA.  Sampling was performed for 480 minutes during one shift.

Issued

Feb 13, 2013

Abate by

Mar 7, 2013

Penalty

Initial $7,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:    The employer does not develop and implement a monitoring program when employees' exposures equal or exceed an 8-hour time-weighted average (TWA) of 85 decibels.  This violation occurred on August 22 and 24, 2012, when employees' exposures exceeded 85 dBA and the employer had not developed and implemented a monitoring program:     a) In the corn processing department, a lead operator was exposed to continuous noise levels at 74.61% of the permissible 8-hour TWA.  The equivalent level of 74.61% is approximately 87.8 dBA.  Sampling was performed for 480 minutes during one shift.     b) In the corn processing department, a machine operator/lead assistant was exposed to continuous noise levels at 81.76% of the permissible 8-hour TWA.  The equivalent level of 81.76% is approximately 88.5 dBA.  Sampling was performed for 472 minutes during one shift.  Zero exposure was assumed for the unsampled period of 8 minutes.    c) In the corn processing department, a machine operator was exposed to continuous noise levels at 81.69% of the permissible 8-hour TWA.  The equivalent level of 81.69% is approximately 88.5 dBA.  Sampling was performed for 464 minutes during one shift.  Zero exposure was assumed for the unsampled period of 16 minutes.    d) In the corn processing department, a grinder operator was exposed to continuous noise levels at 80.95% of the permissible 8-hour TWA.  The equivalent level of 80.95% is approximately 88.4 dBA.  Sampling was performed for 478 minutes during one shift.  Zero exposure was assumed for the unsampled period of 2 minutes.    e) In the flour processing department, a lead operator was exposed to continuous noise levels at 103.1% of the permissible 8-hour TWA.  The equivalent level of 103.1% is approximately 90.2 dBA.  Sampling was performed for 475 minutes during one shift.  Zero exposure was assumed for the unsampled period of 5 minutes.    f) In the flour processing department, a machine operator was exposed to continuous noise levels at 90.53% of the permissible 8-hour TWA.  The equivalent level of 90.53% is approximately 89.2 dBA.  Sampling was performed for 462 minutes during one shift.  Zero exposure was assumed for the unsampled period of 18 minutes.    g) In the flour processing department, a machine operator was exposed to continuous noise levels at 112.2% of the permissible 8-hour TWA.  The equivalent level of 112.2% is approximately 90.8 dBA.  Sampling was performed for 480 minutes during one shift.      h) In the corn processing department, a corn cooker operator was exposed to continuous noise levels at 91.43% of the permissible 8-hour TWA.  The equivalent level of 91.43% is approximately 89.3 dBA.  Sampling was performed for 480 minutes during one shift.    i) In the corn processing department, a chip fryer operator was exposed to continuous noise levels at 93.88% of the permissible 8-hour TWA.  The equivalent level of 93.88% is approximately 89.5 dBA.  Sampling was performed for 480 minutes during one shift.

Issued

Feb 13, 2013

Abate by

Mar 7, 2013

Penalty

Initial $27,500 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.1048(d)(1)(i): Employees of a workplace covered by this standard were not monitored to determine their exposure to formaldehyde:    The employer does not monitor employees to determine their exposure to formaldehyde.  This violation was discovered on August 24, 2012, in the processing department, where the employer did not determine each employee's exposure to formaldehyde by taking personal breathing zone samples which are representative of each employee's exposure.  The employer did not determine formaldehyde exposure levels for employees in the following job titles: chip fryer operators, corn line #5 machine operators, and corn mixer operators.       LANDES FOODS, LLC WAS PREVIOUSLY CITED AS LOBO TORTILLA FACTORY, INC. FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT STANDARD 29 CFR 1910.1048(d)(1)(i), WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 312125594, CITATION NUMBER 1, ITEM NUMBER 2A, AND WAS AFFIRMED AS A FINAL ORDER ON MAY 19, 2011, WITH RESPECT TO A WORKPLACE LOCATED AT 7777 HINES PLACE, DALLAS, TEXAS 75235.