OSHA Inspection: BROOKLYN BOTTLING CO. OF MILTON, NY, INC.

Issued

Nov 6, 2013

Abate by

Nov 11, 2013

Penalty

Initial $3,080 · Current $1,540 Reduced

General-duty citation text

29 CFR 1910.23(a)(1): Every stairway floor opening was not guarded by a standard railing constructed in accordance with paragraph (e) of this section on all exposed sides (except at the entrance to the stairway):    A) Stairway above the Palletizer - On or about May 9, 2013, the guardrails around the stairway to the palletizer were not equipped with midrails.

Issued

Nov 6, 2013

Abate by

Nov 11, 2013

Penalty

Initial $0 · Current $0

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:  A) Loading Dock near the Anhydrous Ammonia System - On or about May 9, 2013, guardrails were not installed on the loading dock, which was 50 inches above the ground.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $0 · Current $0

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) Stairway leading down to the Palletizer - On or about May 9, 2013, midrails were not installed on the stairrails which led to the palletizer.

Issued

Nov 6, 2013

Abate by

Dec 6, 2013

Penalty

Initial $3,080 · Current $1,540 Reduced

General-duty citation text

29 CFR 1910.37(a)(3): Exit route(s) were not kept free and unobstructed:    A) Bottling Area Line 3 - On or about May 9, 2013, employees were climbing under the conveyor for Bottling Line 3 to access the exit door.  The distance from the floor to the underside of the conveyor was 42 inches.

Issued

Nov 6, 2013

Abate by

Dec 6, 2013

Penalty

Initial $3,850 · Current $1,925 Reduced

General-duty citation text

29 CFR 1910.106(d)(4)(i): "Construction." Inside storage rooms were not constructed to meet the required fire-resistive rating for their use. Such construction did not comply with the test specifications set forth in Standard Methods of Fire Tests of Building Construction and Materials, NFPA 251-1969. Where an automatic sprinkler system is provided, the system not designed and installed in an acceptable manner. Openings to other rooms or buildings were not provided with noncombustible liquid-tight raised sills or ramps at least 4 inches in height, or the floor in the storage area were not at least 4 inches below the surrounding floor. Openings were not provided with approved self-closing fire doors. The room was not liquid-tight where the walls join the floor. A permissible alternate to the sill or ramp was not an open-grated trench inside of the room which drains to a safe location. Where other portions of the building or other properties are exposed, windows were not protected as set forth in the Standard for Fire Doors and Windows, NFPA No. 80-1968, which is incorporated by reference as specified in Sec. 1910.6, for Class E or F openings. Wood at least 1 inch nominal thickness was not used for shelving, racks, dunnage, scuffboards, floor overlay, and similar installations:    A)  Bulk Room - On or about May 9, 2013, approximately 1700 gallons of B-288 Monster flavoring, a Category 3 flammable liquid, was stored in the Bulk Room.  The fire resistance rating of this room had not been determined, there was no automatic sprinkler system, openings to other rooms were not provided with sills, openings were not provided with self-closing fire doors, and the room was not liquid-tight.    B) Ingredient Room - On or about July 31, 2013, a variety of flammable flavorings including ginger ale, raspberry lime, black cherry, guava, and kiwi flavors were stored on pallets in the Ingredient Room.  The fire resistance rating of this room had not been determined, there was no automatic sprinkler system, openings to other rooms were not provided with sills, openings were not provided with self-closing fire doors, and the room was not liquid-tight.

Issued

Nov 6, 2013

Abate by

Dec 6, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(d)(4)(ii): Storage in inside storage rooms did not comply with Table H-13.  A) Bulk Room - On or about May 9, 2013, approximately 1700 gallons of B-288 Monster Flavoring, a Category 3 flammable liquid, were stored in the room.  The room was not provided with fire protection and it had an approximate area of 11,232 square feet.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(d)(4)(iii): Electrical wiring and equipment located in inside storage rooms used for Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 °F (37.8 °C), was not approved under subpart S of this part for Class I, Division 2 Hazardous Locations; for Category 3 flammable liquids with a flashpoint at or above 100 °F (37.8 °C) and Category 4 flammable liquids, was not approved for general use.   A) Bulk Room - On or about May 9, 2013, the electrical wiring and equipment was not approved for Class I, Division 2 Hazardous Locations.  A 120 V, double gang, Pass & Seymour, weatherproof, outlet box was mounted on the wall next to approximately 1,700 gallons of B-288 Monster Flavoring, a Category 3 flammable liquid.

Issued

Nov 6, 2013

Abate by

Nov 21, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.106(d)(4)(v): Containers over 30 gallons capacity were stacked one upon the other.  A) Bulk Room - On or about May 9, 2013, 55 gallon blue plastic drums of B-288 Monster Flavoring, a Category 3 flammable liquid, were stacked on top of each other.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $3,850 · Current $1,925 Reduced

General-duty citation text

29 CFR 1910.106(e)(2)(ii)(b)(2): The quantity of Category 2, 3 or 4 flammable liquid 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:    A) Bulk Room - On or about May 9, 2013, approximately 1,700 gallons of B-288 Natural Monster Energy Flavor Type, a Category 3 flammable liquid, were stored in an unprotected room outside of an inside storage room or storage cabinet.

Issued

Nov 6, 2013

Abate by

Dec 6, 2013

Penalty

Initial $3,850 · Current $1,925 Reduced

General-duty citation text

29 CFR 1910.120(q)(1): The employer did not develop and implement an emergency response plan to handle anticipated emergencies prior to commencement of emergency response operations:    A) 643 South Road - On or about July 31, 2013, an emergency response plan was not developed and implemented to address employee response during an anhydrous ammonia leak.  This plan needs to contain the topics listed in 29 CFR 1910.120(q)(2) at a minimum.  In addition, there should be more than one employee trained and equipped for response in order to comply with the "buddy system" requirements listed in 29 CFR 1910.120.

Issued

Nov 6, 2013

Abate by

Nov 21, 2013

Penalty

Initial $3,850 · Current $1,925 Reduced

General-duty citation text

29 CFR 1910.134(h)(3)(iii): Self-contained breathing apparatus were not inspected monthly, maintained in a fully charged state, recharged when the pressure falls to 90% and the employer did not determine that the regulator and warning devices function properly:    A) 643 South Road - On and prior to July 31, 2013, the Scott SCBA for emergency response in the event of an anhydrous ammonia release was not inspected monthly and was approximately 50% full.

Issued

Nov 6, 2013

Abate by

Nov 21, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(3)(iv)(A): Respirators maintained for emergency use were not certified with the date the inspection was performed, the name (or signature) of the person who made the inspection, the findings, required remedial action, and a serial number or other means of identifying the inspected respirator:  A) 643 South Road - On and prior to July 31, 2013, the Scott SCBA for emergency response in the event of an anhydrous ammonia release was inspected every three months but the inspections were not certified.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $3,850 · Current $1,925 Reduced

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:    A) Bulk Room - On or about May 9, 2013, HFCS 55 Tank 2 was not labeled as a permit-required confined space.

Issued

Nov 6, 2013

Abate by

Dec 6, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:  A) Bulk Room - On and prior to July 31, 2013, a written permit space entry program had not been developed and implemented to address employees entering the bulk mixing tanks to remove bags and boxes.

Issued

Nov 6, 2013

Abate by

Nov 26, 2013

Penalty

Initial $3,080 · Current $1,540 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i)(B): Affected employees were not instructed in the purpose and use of the energy control procedure:    A) Bottling Line 3 - On or about May 9, 2013, operators working on the bottling line had not been trained on lockout/tagout.

Issued

Nov 6, 2013

Abate by

Nov 26, 2013

Penalty

Initial $3,850 · Current $1,925 Reduced

General-duty citation text

29 CFR 1910.157(g)(1): An educational program was not provided for all employees to familiarize them with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting:    A) 643 South Rd. - On or about May 9, 2013, employees, who were expected to use fire extinguishers to fight incipient stage fires, had not been provided with training annually.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $4,620 · Current $2,310 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:    A) Baler Area in Warehouse - On or about May 9, 2013, there was a 7 inch by 1.5 inch opening in the expanded metal guard on the front of the Selco baler.     B) Bottling Area - On or about May 9, 2013, the interlock on the sliding door of the SK 600T Shrink Wrapper had been deactivated and the machine was able to operate with the door open.  Employees working near the machine were exposed to a rotating parts hazard.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $3,080 · Current $1,540 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 where they were enclosed) was less than indicated in Table S-1 of Subpart S of Part 1910:    A) Storage Racks near the Selco Baler - On or prior to May 9, 2013, pallets of iced tea were stored wiithin thirty-six inches (36") of the front of electrical panel box AA.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(b)(1)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:  A) Production Area with stairway leading down to the palletizer - On or about May 9, 2013, the live 240 V electrical panel PP-2N was missing a circuit breaker in the box, and the opening had not been closed by a blank to prevent an employee from coming in contact with the live bus bar.

Issued

Nov 6, 2013

Abate by

Nov 16, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(b)(2)(i): Each outlet box in completed installations did not have a cover, faceplate, or fixture canopy  A) Bulk Room - On or about May 9, 2013, the double gang Pass & Seymour weatherproof outlet box was missing a faceplate over the 120 V receptacles.

Issued

Nov 6, 2013

Abate by

Dec 6, 2013

Penalty

Initial $10,780 · Current $5,390 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to inhalation and burn hazards resulting from an uncontrolled release of anhydrous ammonia.     A) Anhydrous ammonia refrigeration system - On or about May 9, 2013, the refrigeration system was not adequately designed, installed, and maintained to protect employees from an uncontrolled release of anhydrous ammonia vapor.    Brooklyn Bottling Co. of Milton, NY, Inc.  was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 311979975, citation number 1, item number 1 and was affirmed as a final order on January 27, 2010, with respect to a workplace located at 643 South Rd. Milton, NY 12547.

Issued

Nov 6, 2013

Abate by

Nov 21, 2013

Penalty

Initial $7,700 · Current $3,850 Reduced

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:    A) 643 South Road - On and prior to July 31, 2013, the employee who was expected to wear the Scott SCBA for emergency response in the event of an anhydrous ammonia release had last been fit tested on January 15, 2010.    Brooklyn Bottling Co. of Milton, NY, Inc.  was previously cited for a violation of this occupational safety and health standard or its equivalent standard, which was contained in OSHA inspection number 311979975, citation number 1, item number 2 and was affirmed as a final order on January 27, 2010, with respect to a workplace located at 643 South Rd. Milton, NY 12547.

Issued

Nov 6, 2013

Abate by

Dec 6, 2013

Penalty

Initial $0 · Current $0

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) 643 South Road - On and prior to July 31, 2013, employees were required to wear SCBAs for emergency response and a written respiratory protection program had not been established and implemented.

Issued

Nov 6, 2013

Abate by

Nov 21, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(5): Respiratory protection retraining was not conducted annually:  A) 643 South Road - On and prior to July 31, 2013, the employee who was expected to wear the Scott SCBA for emergency response in the event of an anhydrous ammonia release was last trained in respiratory protection in 2010.