OSHA Inspection: FRESH FROM TEXAS, INC.

Issued

Jun 27, 2014

Abate by

Jul 17, 2014

Penalty

Initial $7,000 · Current $6,250 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): 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 on or about December 29, 2013 employees were exposed to vapors and gases resulting in coughing, tearing, fainting, nausea/vomiting, headaches, and difficulty breathing, leading to the hospitalization of approximately 11 employees.     a) Employees are exposed to the inhalation of chemicals such as, but not limited to, chlorine gas and nitrogen trichloride gas, resulting from failure of the Pulse Instruments EP 500 (Model EP500-21NBNN, SN: 0807101482) automated chemical injection system to operate properly.  The Pulse Instruments EP 500 system is used to provide chlorinated wash water for sanitation of produce.    b) Employees are exposed to the inhalation of chemicals such as, but not limited to, chlorine when incompatible chemicals such as sodium hypochlorite (chlorinated "Plant Water"), a strong oxidizer, and quaternary ammonium chloride (boot dip) become mixed together on the facility production floor.      Exposure to chlorine gas can cause death or serious injury, permanent disability, or irreversible illness from permanent lung damage and central nervous system damage.

Issued

Jun 27, 2014

Abate by

Jul 17, 2014

Penalty

Initial $7,000 · Current $0 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:    Production Facility: On or about December 29, 2013, the employer did not evaluate and identify respiratory hazards or estimate employee exposures associated with the potential generation of chlorine gas through chlorinated wash water, called "Plant Water", produced by an onsite Pulse Instruments EP500 System (Model EP500-21NBNN, SN: 0807101482), using Sodium Hypochlorite (10-12.5%) and Citric Acid (50%), distributed throughout the facility and used by employees who prepare and sanitize fresh produce. Chlorinated wash water used for produce sanitation poses a respiratory health hazard to employees in the event of overchlorination, warm water temperatures, acidic conditions or mixing with incompatible chemicals, such as boot dips containing Sani-T-10 Plus and/or Q-4 (quaternary ammonium chloride) on facility floors.

Issued

Jun 27, 2014

Abate by

Oct 27, 2014

Penalty

Initial $7,000 · Current $6,250 Reduced

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.9(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:    a) Area 2, Urschel Dicer Model G-A: On or about January 2, 2014, and times prior there to, employee(s) operating an Urschel Food Dicer (Model G-A, SN 4307) were exposed to continuous noise at a dose of 87.1% (8-Hour Time Weighted Average sound level of 85 dBA) during the 457 minute sampling period. For a full eight hour work shift this exposure is equivalent to an average sound level of 89.0 dBA. Exposure calculations include a zero increment for the 23 minutes not sampled.    b) Area 2, Urschel Dicer Model C: On or about January 2, 2014, and times prior there to, employee(s) operating an Urschel Food Dicer (referred to as "Model C") were exposed to continuous noise at a dose of 85.6% (8-Hour Time Weighted Average sound level of 85 dBA) during the 380 minute sampling period. For a full eight hour work shift this exposure is equivalent to an average sound level of 88.9 dBA. Exposure calculations include a zero increment for the 100 minutes not sampled.

Issued

Jun 27, 2014

Abate by

Jul 27, 2014

Penalty

Initial $4,400 · Current $3,300 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:  Production Facility: On or about December 29, 2013, and times prior there to, the company did not provide training to employees who were expected to extinguish fires in the facility using hand-held fire extinguishers in the event of a minor fire emergency.

Issued

Jun 27, 2014

Abate by

Jul 7, 2014

Penalty

Initial $6,600 · Current $4,950 Reduced

General-duty citation text

29 CFR 1910.1200(f)(5)(i): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein:  Area 1: On or about March 28, 2014, employees were exposed to chemical hazards from a boot dip receptacle which contained  a chemical called Q-4 Sanitizer (Alkyl dimethyl benzyl ammonium chloride, Octyl Decyl Dimethyl Ammonium Chloride, Dioctyl Dimethyl Ammonium Chloride, Didecyl Dimethyl Ammonium Chloride, Ethanol)  and was incorrectly affixed with a label identifying the chemical in the receptacle as Sani-T-10 Plus (Octyl Decyl Ammonium Chloride, Didecyl Dimethyl Ammonium Chloride, Dioctyl Dimethyl Ammonium Chloride, Alkyl dimethyl benzyl ammonium chloride).

Issued

Jun 27, 2014

Abate by

Sep 27, 2014

Penalty

Initial $7,000 · Current $6,250 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    a) Production Facility: On or about December 29, 2013, and times prior there to, employees who were exposed to hazards from chemicals and resulting mixtures of these chemicals, such as but not limited to Sodium Hypochlorite (10-12.5%), Citric Acid (50%), Hydrochloric Acid (15%), Akta Klor 7.5 (7.5% Sodium Chlorite Solution), Sani-T-10 Plus (Quaternary Ammonium Chloride), Q-4  (Quaternary Ammonium Chloride), chlorinated "Plant Water" and Chlorine Dioxide, were not informed by the company of the associated hazards of these chemicals, symptoms of exposure, and precautionary measures.    b) Production Facility: On or about December 29, 2013, and times prior there to, temporary laborers who were exposed to hazards from chemicals and resulting mixtures of these chemicals, such as but not limited to Sodium Hypochlorite (10-12.5%), Citric Acid (50%), Hydrochloric Acid (15%), Akta Klor 7.5 (7.5% Sodium Chlorite Solution), Sani-T-10 Plus (Quaternary Ammonium Chloride), Q-4  (Quaternary Ammonium Chloride), chlorinated "Plant Water" and Chlorine Dioxide, were not informed by the company of the associated hazards of these chemicals, symptoms of exposure, and precautionary measures.

Issued

Jun 27, 2014

Abate by

Jul 7, 2014

Penalty

Initial $22,000 · Current $18,750 Reduced

General-duty citation text

29 CFR 1910.157(c)(1): Portable fire extinguishers were not mounted, located and identified so that they were readily accessible without subjecting the employees to injuries:    Area 5: On or about December 29, 2013, employee(s) were exposed to the lack of accessibilty to a fire extinguisher, which was blocked by several stacked bins containing various items, including vegetables, and could not be readily accessed in the event of a fire.             Fresh From Texas, Inc. was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.157(c)(1) which was contained in OSHA inspection number 315629634, citation number 01 , item number 001 and was affirmed as a final order on March 5, 2012 , with respect to a workplace located at 3602 Highpoint St., San Antonio, TX  78217.

Issued

Jun 27, 2014

Abate by

Jul 4, 2014

Penalty

Initial $1,100 · Current $825 Reduced

General-duty citation text

29 CFR 1904.31(b)(2): The employer does not record injuries and/or illnesses for employees obtained from a temporary help service, employee leasing service, or personnel supply service, and were supervised by the employer on a day-to-day basis:    The employer does not ensure that each work related fatality, injury or illness for temporary laborers, who are under the day-to-day supervision of the employer and whose injury or illness meets the general recording criteria, is recorded on the OSHA 300 log.  This violation occurred on or about December 28, 2013, when employee Iworks-014 suffered a chemical inhalation injury requiring medical treatment beyond first aid when a prescription drug was given to the employee.

Issued

Jun 27, 2014

Abate by

Aug 16, 2014

Penalty

Initial $1,100 · Current $825 Reduced

General-duty citation text

29 CFR 1904.32(a)(1): A review of the OSHA Log of Recordable Work-Related Injuries and Illnesses (OSHA Form 300 or equivalent) was not completed to ensure the Log was accurate and complete, and/or deficiencies were not identified and corrected at the end of each calendar year.  Fresh From Texas, Inc. did not record the following workplace injury correctly on the OSHA Form 300 for calendar year 2013:    a) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-01-01 (Production) obtained a left knee injury on January 11, 2013. The employee tripped on a pallet causing a left knee sprain.  The injury was recorded as Other Recordable Case even though the injury resulted in at least 240 days away from work.    b) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-01-25  (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    c) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-01-26   (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    d) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-01-27   (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    e) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-01-28   (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    f) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-02-01   (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    g) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-02-02 (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    h) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-02-03  (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    i) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-02-04  (Line Lead) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    j) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-02-05  (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    k)The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-02-06  (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.    l) The employer does not ensure that entries on the OSHA Form 300 are complete and accurate or corrections are made to any deficiencies identified.  This violation occurred on or about December 31, 2013 when employee 13-02-07  (Production) obtained an inhalation injury caused by chemical exposure on December 29, 2013. Column (3) was not completed to identify the injury as a respiratory condition.