OSHA Inspection: NATURAL FLAVORS, INC.

Issued

Apr 2, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act: The employer did not furnish to each of his employees employment 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 required to perform tasks that exposed them to the hazard of severe lung disease and obstruction of lung airways from inhalation of diacetyl and/or food flavoring substances containing diacetyl.    a) Compounding/warehouse area    An employee wearing a half face air purifying respirator for which he was not fit tested while dispensing diacetyl from a horizontal 55 gallon drum into a smaller container had a 15 minute exposure to diacetyl of 0.094 parts per million (ppm).  The exposure was 4.7 times the ACGIH Short Term Exposure Level (STEL) of 0.020 ppm.  An evaluation of this operation/task indicated that employees required to perform this task were exposed to a hazard which caused, or was likely to cause, severe lung disease and obstruction of lung airways.    Violation occurred on or about 1/8/13.    Among others, feasible and acceptable abatement methods for reducing hazards associated with exposure to diacetyl and/or food flavoring substances containing diacetyl include, but are not limited to:    1)  Using a qualified occupational safety and health specialist to assist in the design and installation of local exhaust ventilation to effectively control vapors to below recommended levels;     2)  Conducting personal air monitoring for all tasks involving diacetyl;     3)  Establishing an effective medical surveillance program to include spirometry, using medical questionnaires to identify employees with respiratory symptoms of lung dysfunction and airway obstruction and referring symptomatic employees to physicians who specialize in occupational or pulmonary medicine for appropriate medical treatment;    4)  Implementing administrative/work practice controls such as, but not limited to, transferring diacetyl from drums in an area with least interference from cross drafts and movement of personnel/equipment; implementing good housekeeping measures, including spill and leak control during manual transfers; using a hose when transferring diacetyl from a 55 gallon drum into a smaller container to minimize fugitive emissions; establishing standard procedures for cleaning the workplace, containers and spills; reducing flowrate to minimize agitation and splashing of diacetyl.

Issued

Apr 2, 2013

Abate by

May 14, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.37(b)(5): Each doorway or passage along an exit access that could be mistaken for an exit was not marked "Not an Exit" or similar designation, or be identified by a sign indicating its actual use (e.g. closet):    a) Shipping and Receiving    The door to the walk in refrigerator, which could have been mistaken for an exit, was not marked "Not An Exit".    Violation occurred on or about 2/15/13.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.106(e)(2)(ii)(b)(2): The quantity of liquid that was located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building exceeded 120 gallons of Category 2, 3 or 4 flammable liquids in containers:    a) Compounding area/warehouse    Approximately 770 gallons of flammable liquids including, but not limited to, eight 55 gallon drums of Ethyl Alcohol 190 (flash point 62 F), four 55 gallon drums of Ethanol/Citric Acid Solution (flash point 75 F), and two 55 gallon drums of Vanilla 3% Solution in Ethanol (flash point 67 F), were present on open shelves or on the floor in and by the compounding area.     Violation occurred on or about 1/8/13.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.106(e)(2)(iv)(d): Flammable liquids were not drawn from or transferred into vessels, containers, or portable tanks within a building only through a closed piping system, from safety cans, by means of a device drawing through the top, or from a container or portable tanks by gravity through an approved self-closing valve:    a) Compounding area    Flammable liquids including, but not limited to, ethanol (flash point 62 F) and diacetyl (flash point 44.6 F), were dispensed from 55 gallon drums through plastic spigots which were not self closing.     Violation occurred on or about 1/8/13.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.106(e)(6)(i): Adequate precautions were not taken to prevent the ignition of flammable vapors:    a) Compounding area    Diacetyl, flash point 44.6 F, was dispensed from a 55 gallon drum into a smaller metal can without electrical grounding of the dispensing system.     Violation occurred on or about 1/8/13.

Issued

Apr 2, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(e)(6)(ii): Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 F,  were dispensed into containers without the nozzle and container electrically interconnected:    a) Compounding area    Diacetyl, flash point 44.6 F, was dispensed from a 55 gallon drum into a smaller metal can without electrically bonding the can to the drum.     Violation occurred on or about 1/8/13.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $2,800 · Current $2,380 Reduced

General-duty citation text

29 CFR 1910.134(c)(4): The employer did not provide respirators, training, and medical evaluations at no cost to employees:    a) Compounding/warehouse area    An employee who was limited to escape use only of a half face respirator during a respirator clearance exam by the employer's physician/licensed health care professional visited his own pulmonologist for follow up examination on his own time and without compensation by the employer.    Violation occurred on or about 2/20/13

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(3)(i)(B)(1): The employer did not select a respirator for employee use that maintained the employee's exposure to the hazardous substance, when measured outside the respirator, at or below the maximum use concentration:    a) Compounding/warehouse area    The employer provided a half mask, negative pressure respirator with organic vapor cartridges to two employees transferring diacetyl containing product #111001 from tank 10A to drums on 10/3/12.  A company consultant determined one employee's  exposure to diacetyl to be 1.1 parts per million (ppm) over 185 minutes. The Maximum Use Concentration (MUC) of the respirators provided employees was 10 times the American Conference of Government and Industrial Hygienists (ACGIH) Threshold Limit Value (TLV) of 0.010 ppm or 0.10 ppm.  The employee was exposed to diacetyl at 11 times the MUC of his respirator.     Violation occurred on or about 10/3/12.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(5)(iii): The employer did not provide the physician or other licensed health care professional (PLHCP)  with a copy of the written respiratory protection program and a copy of 29 CFR 1910.134:    a)  Establishment    The employer did not provide the PLHCP which performed employee medical evaluations with a copy of its Respiratory Protection Program.    Violation occurred on or about 2/27/13.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested whenever a different respirator facepiece (size, style, model or make) was used:    a) Compounding/warehouse area    Two employees fit tested on 3M 7502 half face respirators in 2012 were observed wearing Sperian/Survivair Premier half face respirators when transferring diacetyl 1/8/13. OSHA monitoring determined that employees' 15 minute exposures to diacetyl during that operation were 0.094 parts per million (ppm) and "Not Detected".  The exposure to one employee was 4.7 times the American Conference of Government and Industrial Hygienists Short Term Exposure Level (STEL) of 0.020 ppm.    Violation occurred on or about 1/8/13.

Issued

Apr 2, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $1,700 Reduced

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) Compounding Area    An employee used compressed air at 80 psig to clean himself off.    Violation occurred on or about 2/15/13.

Issued

Apr 2, 2013

Abate by

Jul 1, 2013

Penalty

Initial $2,000 · Current $1,700 Reduced

General-duty citation text

29 CFR 1910.307(c): 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) Shipping and Receiving    Flammable liquids including, but not limited to, acetaldehyde (flash point -40 F) and isovaleraldehyde (flash point 23 F) were stored in a walk in refrigerator which had ordinary wiring and equipment exposed in the interior.    Violation occurred on or about 2/15/13.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $2,000 · Current $1,700 Reduced

General-duty citation text

29 CFR 1910.1200(i)(1)(iii): The material safety data sheet did not indicate that the specific chemical identity was being withheld as a trade secret;    a) Establishment    The Material Safety Data Sheet for Natural Butter WONF #111001 updated 12/21/12, Butter WONF OS Natural #113907, updated 4/7/11, and Butter Flavor Natural #113949A, updated 12/13/12 did not note that specific chemical identities were being withheld as a trade secret.    Violation occurred on or about 2/25/13.

Issued

Apr 2, 2013

Abate by

Jul 1, 2013

Penalty

Initial $28,000 · Current $23,800 Reduced

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:    a) Compounding area    The employer failed to adequately identify and evaluate worker airborne exposure to diacetyl during operations such as, but not limited to, preparation of large batches of Butter WONF Natural #111001 (1.95% diacetyl), Natural Butter Flavor #113949A (2.46% diacetyl) and Butter WONF OS Natural #113907 (2.93% diacetyl); decanting diacetyl from 55 gallon drums to smaller containers and adding diacetyl and diacetyl containing ingredients to vessels and drums.    OSHA Short Term Exposure monitoring 1/8/13 indicated one employee transferring diacetyl from a 55 gallon drum to a can was exposed to 0.094 parts per million (ppm) diacetyl in a 15 minute period. This exposure was 4.7 times the American Conference of Government and Industrial Hygienists (ACGIH) 2012 Short Term (15 minute) Exposure Limit of 0.020 ppm. A second employee assisting him had a Not Detectable exposure.       Violation occurred on or about 1/8/13

Issued

Apr 2, 2013

Abate by

Jul 1, 2013

Penalty

Initial $5,600 · Current $4,760 Reduced

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:    a) Compounding/warehouse area    The Elan Chemical Company Respiratory Protection Program which Natural Flavors said it utilized was not worksite specific and not fully implemented for employees required to wear half mask respirators when compounding flavors with diacetyl.    Violation occurred on or about 2/14/13      Natural Flavors, Inc. was previously cited for a violation of this OSHA standard which was contained in OSHA inspection #312560683, citation 2, item 1a , issued on 11/3/2008, with a final order date of 11/28/08.

Issued

Apr 2, 2013

Abate by

May 17, 2013

Penalty

Initial $4,000 · Current $3,400 Reduced

General-duty citation text

29 CFR 1910.1200(g)(5): Significant new information regarding the hazards of a chemical or ways to protect against the hazards was not added to the material safety data sheet within three months after the employer became aware of such information, or before the chemical was introduced into the workplace again:    a) Establishment    The Material Safety Data Sheet for Natural Butter WONF #111001 updated 12/21/12, Butter WONF OS Natural #113907, updated 4/7/11, and Butter Flavor Natural #113949A, updated 12/13/12 did not include the 2012 American Conference of Government and Industrial Hygienists (ACGIH) Threshold Limit Value (TLV) or Short Term Exposure Limit (STEL) for diacetyl, present in the products at more than one percent.  The employer was informed of an ACGIH TLV and STEL for diacetyl at a meeting 10/16/12.    Violation occurred on or about 2/25/13.      Natural Flavors, Inc. was previously cited for a violation of this OSHA standard which was contained in OSHA inspection #312560683, citation 1, item 2b, issued on 11/3/2008, with a final order date of 11/28/08.