OSHA Inspection: THE NUWAY TOBACCO COMPANY

Issued

Apr 1, 2013

Abate by

Oct 3, 2015

Penalty

Initial $2,975 · Current $1,934 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:  The employer did not furnish employement 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 potential fire and explosion hazards:    Grinding Room:  On, or about, October 2, 2012, the following hazards were observed:      A.  Tobacco material was processed into a fine dust through a series of equipment that included size reduction equipment (hammermill and roller mill), pneumatic conveying fans, screens, cyclones, hoppers, bins, sizing equipment and a dust collection system.  The dust produced by the size reduction and dust collection system was combustible.  Fire/explosion isolation to prevent or limit the spread of a potential dust fire/explosion from the red and green cyclones was not provided.    Among other methods, one feasible and acceptable abatement method to correct this hazard is to install explosion isolation devices in accordance with Section 2.3.3.2.2 of Factory Mutual Global, Property Loss Prevention Data Sheets 7.76.      B.  In the event of a fire or deflagration in one or both of the Pangborn dust collectors, the pneumatically powered Grinding system would continue to feed combustible tobacco dust and air into the dust collector enclosures.     Among other methods, one feasible and acceptable abatement method to correct this hazard is to install and maintain a system to interlock the tobacco processing and collection systems with the protective systems to automatically shut down the equipment in the event of a deflagration event in the dust collection systems in accordance with Section 10.4.8.3 of the National Fire Protection Association (NFPA) 61 (2013) Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities.     	  C.  None of the four material moving fans provided in the tobacco grinding system were of spark-resistant construction.      Among other methods, one feasible and acceptable abatement method to correct this hazard is to provide Type A or B spark-resistant fans in the pneumatic tobacco conveying system to reduce the potential of ignition sources in accordance with Section 10.4.1 of the National Fire Protection Association (NFPA) 61 (2013) Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities.       D.  The operation of the tobacco processing system allowed tobacco dust to escape the system.  Fugitive tobacco dust settled in a layer up to one inch thick on upper horizontal surfaces such as light fixtures, electrical enclosures, ducts, pipes and process equipment and several inches thick on the floor.      Among other methods, one feasible and acceptable abatement method to correct this hazard is to prevent the escape of tobacco dust from the tobacco processing system into the surrounding environment in accordance with Section 10.3.1 of the National Fire Protection Association (NFPA) 61 (2013), Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities.      E.  The company had not developed and implemented a program of regular inspections, testing and maintenance of protective systems installed on the Grinding Room process equipment such as sprinkler systems and explosion vents.  Protective systems had been installed in 1961 and were not subject to regular attention from the company to ensure that they were in proper working order.      Among other methods, one feasible and acceptable abatement method to correct this hazard is to inspect, test and maintain fire and explosion protective systems on the tobacco processing system and dust collection system in accordance with Sections 5.2 and 5.3 of the National Fire Protection Association (NFPA) 25 (2011), Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, and Section 11.4.1 of the National Fire Protection Association (NFPA) 68 (2013), Explosion Protection by Deflagration Venting, as referenced in National Fire Protection Association (NFPA) 61 (2013), Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $2,975 · Current $1,934 Reduced

General-duty citation text

29 CFR 1910.22(a)(1):  All places of employment, passageways, storerooms or service rooms were not kept clean and orderly or in a sanitary condition:    Grinding Room:  On, or about, October 2, 2012, the employer had not developed and implemented adequate housekeeping procedures to minimize the accumulation of combustible tobacco dust.  At the time of the inspection, combustible tobacco dust was observed in a layer up to one inch thick on light fixtures, electrical enclosures, ducts, pipes, guards, process equipment and other horizontal surfaces.

Issued

Apr 1, 2013

Penalty

Initial $2,975 · Current $1,934 Reduced

General-duty citation text

29 CFR 1910.23(a)(3)(ii):  Where operating conditions necessitated the feeding of material into any hatchway or chute opening, protection was not provided to prevent a person from falling through the opening:    Top Blending:  On, or about October 4, 2012, the following mix tanks were provided with hatch openings located at the floor level of the Top Blending mezzanine.  The hatch openings were large enough to allow an employee to fall through, either totally or partially:    A.  MT-05.    B.  MT-06.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $4,900 · Current $3,185 Reduced

General-duty citation text

29 CFR 1910.23(c)(1):  Open-sided floors and/or platforms four feet or more above adjacent floor or ground level were not guarded with standard railings (or equivalent) and toeboards:     In the following locations, standard guardrails were not provided:    A.  Grinding Room:      1.   On, or about, October 2, 2012, Feed Hopper viewing platform.     2.   On, or about, October 2, 2012, top of Storage Bins to disable/enable fire detection system.    3.   On, or about, October 2, 2012 open-sided floor located between Scrap and Recycle conveyors.    B.  Raw Material Warehouse:  On, or about, October 2, 2012, storage area located above the two interior rooms.    C.  Third Floor Blending:  On, or about, October 4, 2012, the stairway opening was provided with guardrails that were measured to be 36 inches above the floor level.      D.  Roof of Electrical Room, Near Baseweb:  On, or about, October 4, 2012, the electrical room roof was not provided with guardrails on the open side.    E.  Maintenance, Parts Storage Mezzanine:  On, or about, October 9, 2012, access doors in the following areas were not provided with standard guardrails or the equivalent:        1.  Electrical parts storage.    2.  Belt storage.    F.  Coating Room:  On, or about, October 12, 2012, the coating room platform was not provided with a midrail equivalent where coating component bags were lifted onto the platform between guardrail sections.      G.  Boiler Room:  On, or about, October 12, 2012, the work platform provided for the Large Boiler tank had guardrails that were 36 inches above the platform surface and also lacked midrails.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.23(c)(3):  Regardless of height, open-sided floors, walkways, platforms, or runways above or adjacent to dangerous equipment, pickling or galvanizing tanks, degreasing units, and similar hazards were not guarded with a standard railing and toe board:    Top Blending:  On, or about, October 4, 2012, standard guardrails were not provided around the Pulper Tank opening.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $2,380 · Current $1,547 Reduced

General-duty citation text

29 CFR 1910.24(h): Standard railings were not provided on the open sides of all exposed stairways and stair platforms:     A.  Grinding Room:  On, or about, October 2, 2012, the fixed stairs providing access to the top of the storage bins were not provided with adequate handrails and the upper landing platform was not provided with a midrail.      B.  Maintenance Shop:  On, or about, October 9, 2012, fixed stairs providing access to the parts storage mezzanine were not provided with a midrail.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $2,380 · Current $1,547 Reduced

General-duty citation text

29 CFR 1910.37(a)(2):  Exit routes were not be arranged so that employees would not have to travel toward a high hazard area, unless the path of travel was effectively shielded from the high hazard area by suitable partitions or other physical barriers:    BaseWeb Platform:  A dust collector that was used to collect combustible dust from the base web mixing process was located next to the only set of stairs providing egress from the elevated work platform.

Issued

Apr 1, 2013

Penalty

Initial $2,023 · Current $1,315 Reduced

General-duty citation text

29 CFR 1910.37(a)(3):  Exit route(s) were not kept free and unobstructed:    A.  Raw Material Storage Warehouse:  On, or about, October 2, 2012, fiber barrels had been stacked in front of the exit door located on the rear wall.     B.  Raw Material Storage Warehouse, Receiving Dock:  On, or about, October 2, 2012, eleven propane cylinders were stored next to the Receiving Dock exit door, within the exit route.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.110(f)(2)(i):  Containers in storage were not be located so as to minimize exposure to excessive temperature rise, physical damage, or tampering by unauthorized persons:    Raw Material Storage Warehouse:   On, or about, October 2, 2012, three propane cylinders were stored on top of other propane cylinders.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.110(f)(6)(ii): Containers were not in a suitable enclosure or otherwise protected against tampering:    Raw Material Storage Warehouse:   On, or about, October 2, 2012, eleven propane cylinders were stored on the receiving dock.  The cylinders were not stored in a protected area to prevent tampering.

Issued

Apr 1, 2013

Penalty

Initial $3,570 · Current $2,321 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:    Grinding Room:  On, or about, October 2, 2012, safeguarding was not provided at the Scrap Conveyor intake located at the floor level.

Issued

Apr 1, 2013

Penalty

Initial $2,975 · Current $1,934 Reduced

General-duty citation text

29 CFR 1910.212(a)(5):  Fan blade guards, where the periphery of the blades was less than seven feet above the floor or working level, had openings larger than one half inch:    Bottom Blending:  On, or about, October 2, 2012, the fan guard provided on the Modine heater allowed access to the rotating fan blades.  The space between guard sections exceeded one half of an inch.

Issued

Apr 1, 2013

Penalty

Initial $2,380 · Current $1,547 Reduced

General-duty citation text

29 CFR 1910.215(a)(1):  Abrasive wheel(s) used on grinding machinery were not used with safety guard(s):     Maintenance Shop:  On, or about, October 4, 2012, a Samuel C. Rogers and Co. abrasive wheel machine was used to dress friction cutters.  The abrasive wheel was not provided with a guard in accordance with 29 CFR 1910.215.

Issued

Apr 1, 2013

Penalty

Initial $2,023 · Current $1,315 Reduced

General-duty citation text

29 CFR 1910.215(b)(9):  Guard for abrasive wheel machine where the operator stands in front of the machine was not constructed so that the peripheral protecting member could be adjusted to the constantly decreasing diameter of the wheel:    Maintenance Shop:  On, or about, October 4, 2012, a Blue Point pedestal off-hand grinder was not provided with a tongue guard on either side.

Issued

Apr 1, 2013

Penalty

Initial $2,023 · Current $1,315 Reduced

General-duty citation text

29 CFR 1910.219(e)(1)(i):  Horizontal belts which had both runs 42 inches or less from the floor level were not fully enclosed by guards conforming to requirements specified in 29 CFR 1910.219(m) and (o):    Bottom Blending:  On, or about, October 2, 2012, a guard had not been provided on the bottom face of each of the two the Line #2 Slit Chaser belt drives.

Issued

Apr 1, 2013

Penalty

Initial $2,380 · Current $1,547 Reduced

General-duty citation text

29 CFR 1910.219(e)(3)(i):  Vertical or inclined belt(s) were not enclosed by guard(s) conforming to the requirements specified at 29 CFR 1910.219(m) and (o):     A.  Bottom Blending:  On, or about, October 2, 2012, three drive belts provided on the Munson conical mixer serial number FM-1581, were not provided with a guard at the gear box.      B.  Top Blending, Tobacco dust Bins 1 through 9:  On, or about, October 4, 2012, a guard had not been provided on the inside face of each of the screw conveyor drive units.

Issued

Apr 1, 2013

Penalty

Initial $2,975 · Current $1,934 Reduced

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:    On, or about, October 2, 2012, in the following locations, chain and sprocket drives were not provided with adequate guards:    A.  Grinding Room:      1.  Cross-over conveyor, drive located at bottom of stairs.  No guard provided on inside face.     2.  Recycle conveyor drive.     3.  Scrap conveyor drive.     B.  Bottom Blending:  Munson conical mixer, serial number FM-1581, at gear box.

Issued

Apr 1, 2013

Penalty

Initial $1,517 · Current $986 Reduced

General-duty citation text

29 CFR 1910.303(b)(2):  Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:    A.  Baseweb:  On, or about, October 4, 2012, a fan that was not designed for use in a commercial/industrial location was used at the sink area.      B.  Maintenance Shop:  On, or about, October 4, 2012, an Air King pedestal fan that was not designed for use in a commercial/industrial location was used at a workbench.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $2,975 · Current $1,934 Reduced

General-duty citation text

29 CFR 1910.303(b)(7)(iii):  Internal parts of electrical equipment, including busbars, wiring terminals, insulators, and other surfaces, were damaged or contaminated by foreign materials such as paint, plaster, cleaners, abrasives, or corrosive residues:    Grinding Room:  On, or about, October 2, 2012, tobacco dust had migrated into the interior space of two Machinery Electrification Motor Control Centers.  The interior components were grossly contaminated with a layer of tobacco dust.

Issued

Apr 1, 2013

Penalty

Initial $1,785 · Current $1,160 Reduced

General-duty citation text

29 CFR 1910.303(b)(7)(iv):  There were damaged parts that may adversely affect safe operation or mechanical strength of the equipment, such as parts that are broken, bent, cut, or deteriorated by corrosion, chemical action, or overheating:    Maintenance Shop:  On, or about, October 4, 2012, the outer insulation provided on the power cord for the Samuel C. Rogers and Co. abrasive wheel machine was worn and peeling.  The inner conductors were exposed at several locations along the cord.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(1)(iv):  Flexible cords and/ or cables were used for purposes prohibited by paragraphs (A) through (F) of 29 CFR 1910.305(g)(1)(iv):    Raw Material Storage Warehouse, Break Area:  On, or about, October 2, 2012, a Kenmore microwave oven was energized through an extension cord that was run on the floor.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.334(a)(2)(ii): There was a defect or evidence of damage that could have exposes an employee to injury and the defective or damaged item was not removed from service:    Raw Material Storage Warehouse, Break Area:  On, or about, October 2, 2012, a Kenmore microwave oven was energized through a damaged extension cord.  The outer insulation was split, exposing the inner conductors.

Issued

Apr 1, 2013

Penalty

Initial $2,380 · Current $1,547 Reduced

General-duty citation text

29 CFR 1910.303(g)(1)(i)(A):  For electric equipment operating at 600 volts, nominal, or less to ground, and likely to require examination, adjustment, servicing, or maintenance while energized, the depth of the working space in the direction of access to live parts (as measured from the live parts where they were exposed or from the enclosure front or opening whwere they were enclosed) was less than indicated in Table S-1 of Subpart S of Part 1910:    A.  Top Blending, Rear Platform behind Bins:  On, or about, October 4, 2012, MCC 9, a 480 volt Machinery Electrification Motor Control Center, was located 38 inches from MT-11, a small mixing tank.      B.  Case Cutter Area:  On, or about, October 26, 2012, metal railings were installed 38.5 inches in front of panel BP-002, a 480 volt circuit breaker panel.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.303(g)(1)(i)(C): The work space was not clear and did not extend from the grade, floor, or platform to the height required by paragraph (g)(1)(vi) of this section.  Other equipment associated with the electrical installation and located above or below the electric equipment extended more than 153 mm (6 in.) beyond the front of the electric equipment:    A.  Raw Material Warehouse, Front Corner:  On, or about, October 2, 2012, a GE transformer was installed in front of circuit breaker panel BP-020.      B.  Compressor Room:  On, or about, October 9, 2012, a Square D transformer was installed in front of circuit breaker panels BP-038 and BP-039.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.303(g)(1)(ii):  The required working space about electric equipment rated 600 volts, nominal, or less to ground, was used for storage:    A.  Raw Material Warehouse, Veining Room:  On, or about, October 2, 2012, boxes, foam and a wheeled frame were stored in front of the Square D circuit breaker panel.      B.  Bottom Blending:  On, or about, October 2, 2012, a pallet of titanium dioxide was stored in front of the Square D circuit breaker panel BP-042.

Issued

Apr 1, 2013

Penalty

Initial $2,975 · Current $1,934 Reduced

General-duty citation text

29 CFR 1910.304(g)(5):  The path to ground from circuits, equipment, and enclosures was not permanent, continuous, and effective:    A.  Raw Material Storage Warehouse, Break Area:  On, or about, October 2, 2012, a Kenmore microwave oven was energized through an extension cord that was missing the ground pin.     B.  Bottom Blending:  On, or about, October 2, 2012, the fan on the Modine heat was not grounded in that continuity could not be found between the fan/heater casing and the ground pin provided on the plug.      C.  Maintenance Shop:  On, or about, October 4, 2012, plug mold that was used to energize an overhead light fixture and Safety Kleen parts washing tank was energized through a duplex outlet that was not grounded due to a break in the conduit connection.

Issued

Apr 1, 2013

Penalty

Initial $2,023 · Current $1,315 Reduced

General-duty citation text

29 CFR 1910.305(b)(1)(ii):  Unused openings in boxes, cabinets, or fittings were not effectively closed:    A.  Raw Material Warehouse, Veining Room:  On, or about, October 2, 2012, three openings were left in the Square D circuit breaker panel.      B.  Top Blending:  On, or about, October 4, 2012, five openings were left in the side and front of MCC-209, a 480 volt Machinery Electrification Motor Control Center.

Issued

Apr 1, 2013

Penalty

Initial $2,380 · Current $1,547 Reduced

General-duty citation text

29 CFR 1910.305(g)(2)(iii):  Flexible cords were not connected to devices and fittings so that tension would not be transmitted to joints or terminal screws:    Maintenance Shop:  On, or about, October 4, 2012, the following flexible cords were not properly connected to equipment to prevent tension to the connections:    A.  The power cord provided for the wire brush machine was pulled from the junction box fitting, exposing the inner conductors.      B.  The power cord provided on the Hobart arc welding unit was pulled from its fitting, exposing the inner conductors.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $4,900 · Current $3,185 Reduced

General-duty citation text

29 CFR 1910.332(b)(1):  Employees were not trained in and familiar with the safety-related work practices required by 1910.331 through 1910.335 that pertained to their respective job assignments:    Company:  On, or about, October 25, 2012, maintenance and engineering personnel had not been trained regarding what work practices and protective equipment was required to protect them against electric shock, arc flash and arc blast hazards while performing live electrical work, live trouble-shooting and verifying whether or not electrical equipment was properly de-energized.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.333(a)(2):  Where exposed live parts were not deenergized (i.e., for reasons of increased or additional hazards or infeasibility), other safety-related work practices were not used to protect employees who could be exposed to the electrical hazards involved:    Company:  On, or about, October 25, 2012, the company had not developed and implemented safe work procedures to be used when employees performed live trouble-shooting on equipment and when employees tested electrical equipment to ensure that the equipment was properly de-energized.

Issued

Apr 1, 2013

Abate by

May 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.335(a)(1)(i): Employees working in areas where there were potential electrical hazards were not provided with electrical protective equipment that was appropriate for the specific parts of the body that needed to be protected and for the work being performed:    Company:  On, or about, October 25, 2012, personal protective equipment such as, but not limited to, voltage rated gloves, voltage rated tools, fire resistive clothing, face shields, balaclavas, hard hats and hearing protection were not provided to employees who performed live electrical work, including trouble-shooting, or who verified that electrical equipment was properly de-energized.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(f)(2):  Portable fire extinguishers were not hydrostatically tested within the intervals specified in Table L-1:      Top Blending:  On, or about, October 4, 2012, a Pyrene carbon dioxide fire extinguisher had not been hydrostatically tested since 1998.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.213(b)(3):  Provisions were not made to prevent woodworking machine(s) from automatically restarting upon restoration of power after power failure:      Maintenance Shop:  On, or about, October 9, 2012, the Dayton table saw was not provided with a drop-out starter that would not allow the saw to restart after a power failure.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.303(b)(7)(i): Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings were not effectively closed to afford protection substantially equivalent to the wall of the equipment:    Third Floor Blending:  On, or about, October 4, 2012, raceway located over tobacco bins had not been provided with a cover.

Issued

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(2)(ii):  Flexible cords were not used only in continuous lengths without splice or tap:    A.  Water Treatment Area:  On, or about October 4, 2012, the power cord provided on the magnetic stirrer was spliced.     B.  Cigar Room:  On, or about, October 26, 2012, the power cord provided on the intercom speaker was spliced.