OSHA Inspection: WEST PLAINS LLC

Issued

Apr 22, 2013

Abate by

May 10, 2013

Penalty

Initial $4,950 · Current $2,475 Reduced

General-duty citation text

29 CFR 1910.23(e)(1): Standard railing(s) did not consist of top rail, intermediate rail and/or posts and/or did not have a vertical height of 42 inches (106.7 cm) nominal from upper surface of top rail to floor, platform runway, or ramp level:    The employer is failing to protect employees from potential fall hazards associated with inadequate guard railing on fixed stairways.  This was most recently evident during the inspection of the flat storage area of the grain handling facility located at 218 South Gibson, Hay Springs, NE 69347, where the employer has employees using a fixed stair way with inadequate guard railing to access the work platform adjacent to the drive through boot pit so they can observe the off-loading of grain by delivery drivers.  The stair way is missing the entire guard rail on the left side and the mid rail on the right side.

Issued

Apr 22, 2013

Abate by

Aug 15, 2013

Penalty

Initial $6,930 · Current $3,465 Reduced

General-duty citation text

29 CFR 1910.27(d)(1)(ii): Cages or wells (except as provided in subparagraph (5) of this paragraph) conforming to the dimensions shown in figures D-7, D-8, and D-9 shall be provided on ladders of more than 20 feet to a maximum unbroken length of 30 feet.     The employer is failing to protect employees from potential fall hazards associated with lack of fall protection for employees using fixed ladders.  This was most recently evident during the inspection of the grain bins of the facility located at 218 South Gibson, Hay Springs, NE 69347, where the employer has employees climbing up 32 feet of fixed ladder to reach the access door on the top of the grain bin to conduct a visual inspection of the inside of the grain bin, without being protected against a fall.  Instances of acceptable fall protection are:       i.  Cages around the ladder when ladder  climbs are in excess of 20 feet.   ii.  Vertical life line with cable grab capability that runs parallel with the ladder from top to bottom.

Issued

Apr 22, 2013

Abate by

May 10, 2013

Penalty

Initial $6,930 · Current $3,465 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:     The employer is failing to protect employees from potential amputation hazards associated with inadequate guarding on grain handling equipment.  This was most recently evident during the inspection of the grain bins of the facility located at 218 South Gibson, Hay Springs, NE 69347, where the employer has employees working around unguarded augers used to move the grain from the inside of the bins out to the trucks and trailers.

Issued

Apr 22, 2013

Abate by

May 10, 2013

Penalty

Initial $2,970 · Current $1,485 Reduced

General-duty citation text

29 CFR 1910.1200(f)(5): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged, or marked with the identity and appropriate hazard warnings regarding the chemicals contained therein:(a) (LOCATION) (IDENTIFY SPECIFIC CHEMICAL/PRODUCT, SPECIFIC OPERATIONS AND DESCRIPTION OF EMPLOYEE EXPOSURE, AND CONDITION OF USE)     The employer is failing to protect employees from potential chemical hazards associated with having unlabeled chemical containers in the work place.  This was most recently evident during the inspection of the flat storage area of the grain handling facility located at 218 South Gibson, Hay Springs, NE 69347, where the employer has employees pouring used petroleum products into an unlabeled 55 gallon drum.

Issued

Apr 22, 2013

Abate by

Mar 1, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify, through a written certification, the identity of the workplace evaluated, the person certifying that the evaluation had been performed, and the date the hazard assessment was done:   The employer is failing to protect employees from potential injuries associated with inadequate personal protective equipment.  This was most recently evident during the inspection of the flat storage area of the grain handling facility located at 218 South Gibson, Hay Springs, NE 69347, where the employer has employees handling grain and performing tasks without having first conducted a formal evaluation of the work being done and identify the hazards associated with that work and the personal protective equipment necessary to protect the employee.  Instances include but are not limited to:   i.   Employees working around grain dust and the employer never conducted any formal air quality tests to validate that respirators are not necessary and can be used in a voluntary status.  ii.  Employees climbing a fixed industrial ladder to access the top of the grain bins to open the access hatch, employer mandates a fall arrest harness for working hands free without accessing the tie off point to ensure it meets the 5,000 pounds fall protection requirements.    iii.  Employees working around loud equipment such as the vac system; the employer mandates and provides hearing protection but has never evaluated the noise level to validate that the hearing protection is adequate.