OSHA Inspection: NEW ENGLAND CONFECTIONERY COMPANY, INC.

Issued

Apr 2, 2013

Abate by

Aug 1, 2013

Penalty

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

General-duty citation text

29 CFR 1910.120(q)(1):     Emergency response plan. An emergency response plan shall be developed and implemented to handle anticipated emergencies prior to the commencement of emergency response operations. The plan shall be in writing and available for inspection and copying by employees, their representatives and OSHA personnel. Employers who will evacuate their employees from the danger area when an emergency occurs, and who do not permit any of their employees to assist in handling the emergency, are exempt from the requirements of this paragraph if they provide an emergency action plan in accordance with 29 CFR 1910.38.    (a) Location - Facility:    On or about 10/5/12, employees actively participated in an emergency response to a potential release of ammonia, but the employer did not have and did not implement an emergency response plan to support their activities.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

1910.120(q)(3)(iii):    Based on the hazardous substances and/or conditions present, the individual in charge of the ICS shall implement appropriate emergency operations, and assure that the personal protective equipment worn is appropriate for the hazards to be encountered. However, personal protective equipment shall meet, at a minimum, the criteria contained in 29 CFR 1910.156(e) when worn while performing fire fighting operations beyond the incipient stage for any incident.    (a) Location - Facility:    On or about 10/5/12, the employer failed to consider the presence of ammonia while responding to a fire in an ammonia mechanical room.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

29 CFR 1910.157(g)(1):     Training and education.    Where the employer has provided portable fire extinguishers for employee use in the workplace, the employer shall also provide an educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting.    (a) Location - Facility:    On or about 10/5/12, the employer did not clearly state what the expectations were of fire extinguisher use in the workplace nor did the employer train employees on how to use fire extinguishers.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

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

General-duty citation text

1910.178(m)(11)     Truck operations.  Only approved industrial trucks shall be used in hazardous locations.    (a) Location - Mogul Room:    On or about 10/5/12, the employer was using a type E electric pallet jack in a Class II Hazardous Location when a type ES or EX should have been used.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

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

General-duty citation text

29 CFR 1910.303(b)(7)(iv):     There shall be no 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.    (a) Location - Mogul Room:    On or about 12/11/12, the outlet box for a 220 volt flexible power cord used to power production equipment had a break in the casing that negated its explosion proof properties.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

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

General-duty citation text

29 CFR 1910.303(e)(1)(i):     Identification of manufacturer and ratings. Electric equipment shall not be used unless the following markings have been placed on the equipment: manufacturer's name, trademark, or other descriptive marking by which the organization responsible for the product may be identified.      (a) Location - Mogul Room:    On or about 10/5/12, an electrical motor in the mogul room did not have descriptive markings as required.