OSHA Inspection: HARVEST MOON HAY, LLC

Issued

Jun 9, 2014

Abate by

Jul 8, 2014

Penalty

Initial $3,500 · Current $1,750 Reduced

General-duty citation text

29 CFR 1910.132(d)(1)(i): The employer did not select and have each affected employee use the types of personal protective equipment that would protect the affected employee(s) from the hazards identified in the hazard assessment:    a)  On or about 4/29/2014, when flying particles were present the employer did not have each affected employee use eye protection when using compressed air to clean equipment of hay pieces and dust.

Issued

Jun 9, 2014

Abate by

Jul 8, 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:  a)  On or about 4/29/2014, the employer did not verify through written certification, that a hazard assessment had been conducted for job tasks where compressed air was used and eye protection would be necessary to protect from flying particles and dust.

Issued

Jun 9, 2014

Abate by

Jul 15, 2014

Penalty

Initial $4,200 · Current $1,100 Reduced

General-duty citation text

29 CFR 1910.178(l)(6): The employer did not certify that each operator had been trained and evaluated as required by this paragraph (l):    a)  On or about 4/29/2014, the employer did not certify that each forklift operator had been trained and evaluated as required by 29 CFR 1910.178 paragraph (l).

Issued

Jun 9, 2014

Abate by

Jul 8, 2014

Penalty

Initial $4,900 · Current $2,450 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)  On or about 4/29/2014, compressed air used for cleaning the packaging area was measured at greater than or equal to 100 p.s.i.  During such operations effective chip guarding and personal protective equipment were not provided.

Issued

Jun 9, 2014

Penalty

Initial $2,800 · Current $0 Reduced

General-duty citation text

29 CFR 1910.303(b)(2): Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:    a)  On or about 4/29/2014, located on each of the packaging lines and on each of the bag tie machines, metal handy boxes were installed and used as pendant/portable outlets potentially exposing employees to electrical shock.

Issued

Jun 9, 2014

Abate by

Feb 19, 2015

Penalty

Initial $3,500 · Current $1,750 Reduced

Hazardous substances 9135

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of total dust particulates not otherwise regulated (PNOR) listed in Table Z-1 in excess of the 8-hour Time Weighted Average concentration of 15 mg/m3:    a)  In the south room of the facility, a Line 6 employee was exposed to total dust hay PNOR at a level of 18.75 mg/m3 as an 8-hour Time Weighted Average (TWA) on 5/08/2014, approximately 1.25 times the permissible exposure limit. This exposure was determined by air sampling conducted over 234 minutes during one shift, with zero exposure being assumed for the unsampled 246 minutes of an 8-hour work shift.    b)  In the south room of the facility, a Line 3 employee was exposed to total dust hay PNOR at a level of 16.61 mg/m3 as an 8-hour Time Weighted Average (TWA) on 5/08/2014, approximately 1.1 times the permissible exposure limit. This exposure was determined by air sampling conducted over 233 minutes during one shift, with zero exposure being assumed for the unsampled 247 minutes of an 8-hour work shift.

Issued

Jun 9, 2014

Abate by

Feb 19, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9135

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):    a)  In the south room of the facility, a Line 6 employee was exposed to total dust hay PNOR at a level of 18.75 mg/m3 as an 8-hour Time Weighted Average (TWA) on 5/08/2014, approximately 1.25 times the permissible exposure limit. This exposure was determined by air sampling conducted over 234 minutes during one shift, with zero exposure being assumed for the unsampled 246 minutes of an 8-hour work shift.    b)  In the south room of the facility, a Line 3 employee was exposed to total dust hay PNOR at a level of 16.61 mg/m3 as an 8-hour Time Weighted Average (TWA) on 5/08/2014, approximately 1.1 times the permissible exposure limit. This exposure was determined by air sampling conducted over 233 minutes during one shift, with zero exposure being assumed for the unsampled 247 minutes of an 8-hour work shift.    Controls in these circumstances may include, but are not limited to, the following:    1)  Re-evaluation of the dust collection system and local exhaust ventilation, including exhaust hoods, to determine availability of air capture velocity at the point of bagging operations.    2)  Lower the local exhaust ventilation hoods closer to the point of bagging operations to capture dust particulate before it is able to escape the air capture and enter the employees' breathing zones.    3)  Utilize a different hood design which might be more effective at capturing dust particulate before entering the employees' breathing zones.

Issued

Jun 9, 2014

Abate by

Feb 19, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 9135

General-duty citation text

29 CFR 1910.134(a)(2): A respirator was not provided by the employer to each employee when such equipment was necessary to protect the health of the employee:  a)  On or about 5/08/2014, the employer did not require respirators to be worn for Line 6 and Line 3 employees to protect their health when they were overexposed to total hay dust particulates not otherwise regulated (PNOR) while bagging hay.

Issued

Jun 9, 2014

Abate by

Jul 8, 2014

Penalty

Initial $0 · Current $0

Hazardous substances 9135

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)  On or about 5/08/2014, the employer did not develop or implement a written respiratory protection program for Line 6 and Line 3 employees who were overexposed to total hay dust particulates not otherwise regulated (PNOR) and would be required to use a respirator to protect their health.  All provisions of 29 CFR 1910.134(c) through (m) must be covered in a written respiratory protection program. Key elements include, but are not limited to, the following:  1)  Written program 2)  Respirator selection 3)  Medical evaluations 4)  Fit testing 5)  Respirator use, maintenance and care 6)  Employee information and training

Issued

Jun 9, 2014

Abate by

Jul 8, 2014

Penalty

Initial $2,100 · Current $1,100 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    a)  On or about 4/29/2014, the employer did not develop or implement a written hazard communication program when employees worked with agricultural fumigants and cleaning products in the workplace.    All provisions of 29 CFR 1910.1200(e) through (h) must be covered in a written hazard communication program. Key elements include, but are not limited to, the following:    1.  Written program  2.  Labeling  3.  SDS collection  4.  Chemical inventory list  5.  Employee information and training

Issued

Jun 9, 2014

Abate by

Jul 8, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical:  a)  On or about 4/29/2014, the employer did not maintain in the workplace copies of the required safety data sheets for agricultural fumigants and cleaning products used in the workplace.

Issued

Jun 9, 2014

Abate by

Jul 8, 2014

Penalty

Initial $0 · Current $0

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)  On or about 4/29/2014, the employer did not provide employees with effective information and training on hazardous chemicals in their work areas such as agricultural fumigants and cleaning products.

Issued

Jun 9, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.29(a): The employer did not use an OSHA 300, 301 and 300A Form or equivalent:  a)  On or about 4/29/2014, the employer did not use an OSHA 300A form to record injuries which occurred in calendar year 2013.

Issued

Jun 9, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.29(a): The employer did not use an OSHA 300, 301 and 300A Form or equivalent:  a)  On or about 4/29/2014, the employer did not use an OSHA 300 form to record an injury which occurred on 2/18/2014 when an employee's foot was crushed by a forklift.

Issued

Jun 9, 2014

Abate by

Jul 1, 2014

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(i): Respirator users were not provided with the information contained in Appendix D to 29 CFR 1910.134 when the employer determined that any voluntary respirator use was permissible:  a)  On or about 4/29/2014, the employer did not provide the information contained in Appendix D to 29 CFR 1910.134 when employees were allowed to use filtering facepiece respirators (dust masks) for voluntary use.