OSHA Inspection: JP LILLIS ENTERPRISES, INC.

Issued

2014-12-05 00:00:00

Abate by

2014-12-16 00:00:00

Penalty

Initial $4900.00 · Current $2533.00 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 were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazards of crushing injuries from collapsing storage racks:      a) Freezer # 2, J.P.Lillis Enterprises Inc. dba Cape Cod Ice 1 Noyes Ave. East Providence, RI 02914: On or about 6/10/14 the employer did not maintain storage racks supporting pallets of bags of packaged ice in adequate condition in that several  upright support frame members exhibited damage resulting in the frames being deformed by .5 to 2.25  inches from the vertical plane, exposing employees to crushing injuries from collapsing storage racks.  Among other methods, one feasible and acceptable means of abatement is to follow the Rack Manufacturers Institute "Specification for the Design, Testing and Utilization of Industrial Steel Storage Racks" ANSI MH16.1 Sections 1.4.9, 1.4.11.1 and 1.4.11.2 and take damaged racking out of service until repaired or replaced.   Additional abatement actions include posting the storage racks with plaques identifying safe loading rates for the racks as outlined in Section 1.4.2 of the above referenced ANSI Standard.       b) Loading Bays, J.P.Lillis Enterprises Inc. dba Cape Cod Ice 1 Noyes Ave. East Providence, RI 02914: On or about 6/10/14 the employer did not maintain storage racks supporting various materials including pallets of bulk cardboard, and polyethylene packaging material, totes of parking lot sand, floor cleaning equipment in adequate condition in that several upright support frame members exhibited damage resulting in the frames being dented and deformed at their base, exposing employees to crushing injuries from collapsing storage racks.

Issued

2014-12-05 00:00:00

Penalty

Initial $2100.00 · Current $1085.00 Reduced

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):    a) Freezer # 6:  On or about 6/10/14 the employer did not provide standard railings on each side of the platform providing exterior access to the freezer.

Issued

2014-12-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.23(d)(1)(iii): Flight(s) of stairs with 4 or more risers, less than 44 inches wide and having both sides open were not equipped with one standard stair railing on each side:  a) Freezer # 6:  On or about 6/10/14 the employer did not provide standard stair railings on each side of the stairs providing exterior access to the freezer.

Issued

2014-12-05 00:00:00

Abate by

2015-03-09 00:00:00

Penalty

Initial $2800.00 · Current $1450.00 Reduced

General-duty citation text

29 CFR 1910.38(c)(3): The  emergency action plan did not include the procedures to be followed by employees who remain to operate critical plant operations before they evacuate:    a) Workplace: The emergency action plan provided on 6/10/14 did not include procedures to be followed by employees who remain to operate critical plant operations before they evacuate.

Issued

2014-12-05 00:00:00

Abate by

2015-03-09 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.38(c)(4): The emergency action plan, at a minimum, did not include procedures for accountability for all employees after evacuation:  a) Workplace:  The emergency action plan provided on 6/10/14 did not include procedures to account for all employees after evacuation

Issued

2014-12-05 00:00:00

Abate by

2015-03-09 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.38(c)(6):  The emergency action plan did not include the name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan:  a) Workplace: The emergency action plan provided on 6/10/14 had not been updated to identify the primary plant contact for the emergency action plan.

Issued

2014-12-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.38(f)(1): The employer did not train employees on the emergency evacuation plan when it was developed or when the employee was assigned initially to a job:   a) Workplace:  On or about 6/10/14 the employer had not trained production employees on the emergency action plan when they were initially assigned to their jobs.

Issued

2014-12-05 00:00:00

Penalty

Initial $4900.00 · Current $2533.00 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:    Production Rooms # 1 and # 2 and Machine Refrigerator Room Areas:      The following employees were exposed to noise in excess of the OSHA Action Level and were not included in an effective Hearing Conservation Program:      a) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85 dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 88.4 dBA for 486 minutes for a dose of 80% percent which is in excess of the allowable 50% dose.     b) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85 dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 88.1 dBA for 486 minutes for a dose of 80% percent which is in excess of the allowable 50% dose.     c) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85 dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 89.4 dBA for 486 minutes for a dose of 92% percent which is in excess of the allowable 50% dose.     d) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85 dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 88.9 dBA for 478 minutes for a dose of 86% percent which is in excess of the allowable 50% dose.     e) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85 dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 87.1 dBA for 475 minutes for a dose of 68% percent which is in excess of the allowable 50% dose.

Issued

2014-12-05 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  Production Rooms # 1 and # 2 and Machine Refrigerator Room Areas:    The following employees were exposed to noise in excess of the OSHA Action Level and were not adequately trained in accordance with the requirements of 29 CFR 1910.95(k):    a) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 88.4 dBA for 486 minutes for a dose of 80% percent which is in excess of the allowable 50% dose.   b) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 88.1 dBA for 486 minutes for a dose of 80% percent which is in excess of the allowable 50% dose.   c) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 89.4 dBA for 486 minutes for a dose of 92% percent which is in excess of the allowable 50% dose.   d) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 88.9 dBA for 478 minutes for a dose of 86% percent which is in excess of the allowable 50% dose.   e) On 7/16/14 a production employee performing cubed ice packaging  work in this area was exposed to noise levels in excess of the OSHA Action Level of 85dBA for an eight hour time weighted average.  This employee was exposed to noise levels of 87.1 dBA for 475 minutes for a dose of 68% percent which is in excess of the allowable 50% dose.

Issued

2014-12-05 00:00:00

Abate by

2015-03-09 00:00:00

Penalty

Initial $4200.00 · Current $2170.00 Reduced

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):    a) Throughout Workplace:  On or about 6/10/14, a workplace hazard assessment had not been done and employees were routinely exposed to hazards including:     a) Exposure to the hands, arms and face to battery acid when servicing the batteries for powered industrial trucks,    b) Exposure to fall hazards when conducting daily refrigeration equipment inspections on the roof of the buildings,    c) Exposure to ammonia gas when servicing refrigeration equipment.     Abatement Note:   Once the PPE Hazard Assessment is completed you shall:      1) Certify that the hazard assessment has been performed through a written certification in accordance with 1910.132 (d)(2),     2) Provide training to affected employees in proper use of required PPE (1910.132 (f)(1))    Guidance on conducting and documenting a PPE Hazard Assessment can be found on OSHA's website at:     http://www.osha.gov/SLTC/personalprotectiveequipment/

Issued

2014-12-05 00:00:00

Abate by

2015-03-09 00:00:00

Penalty

Initial $2800.00 · Current $1450.00 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) Workplace:  On or about 6/10/14 the employer had not established a written respiratory protection program for the required use of full face elastomeric respirators.    ABATEMENT NOTE: In accordance with 29 CFR 1910.134(c)(1)(i) thru 1910.134(c)(1)(ix)the respirator program must include the following:      a. Procedures for selecting respirators for use in the workplace, including an evaluation of respiratory hazards in the workplace and a reasonable estimate of employee exposure. (Note: The Rhode Island OSHA Consultation Program (phone: 401-222-7745) provides free monitoring services for qualifying employers);  b. Medical evaluations of employees required to use respirators to determine the employee's ability to use a respirator;  c. Fit testing procedures for tight-fitting respirators. (Note: this service may be available from your respirator vendor);  d. Procedures for proper use of respirators in routine and reasonable foreseeable emergency situations;  e.  Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respirators;  f.  Training of employees in the respiratory hazards to which they are potentially exposed during routine and emergency situations;  g. Training of employees in the proper use of respirators, including putting on and removing them, any limitations on their use, and their maintenance; and  h.  Procedures for regularly evaluating the effectiveness of the program.      Further assistance in developing respirator programs is available in OSHA Small Entity Compliance Guide for the Revised Respiratory Protection Standard.  This document is available on the internet at the following website address:        http://www.osha.gov/Publications/3384small-entity-for-respiratory-protection-standard-rev.pdf

Issued

2014-12-05 00:00:00

Abate by

2014-12-16 00:00:00

Penalty

Initial $4900.00 · Current $2533.00 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:    a) Production Room # 1:  On or about 6/10/14 the employer did not have employees utilizing acceptable procedures for the control of hazardous energy when clearing jams with the bag feed mechanism on the Hamer 125 ice bagging machines.

Issued

2014-12-05 00:00:00

Abate by

2014-12-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.219(e)(1)(i): Horizontal belts which had both runs seven feet or less from the floor level were not guarded with a guard that extended to at least fifteen inches above the belt:  a) Production Room # 1:  On or about 6/10/14 horizontal belts on the Hamer 125 ice bagging machines were not guarded.

Issued

2014-12-05 00:00:00

Abate by

2015-02-23 00:00:00

Penalty

Initial $2800.00 · Current $1450.00 Reduced

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:    a) Front Loading Dock:  On or about 6/10/14 the employer had not provided suitable facilities for quick drenching and flushing of eyes and body where employees service powered industrial truck batteries containing sulfuric acid.    b) Mechanical Refrigeration Room:  On or about 6/10/14 the employer had not provided suitable facilities for quick drenching and flushing of eyes and body where employees service refrigeration systems containing ammonia.

Issued

2014-12-05 00:00:00

Abate by

2015-01-23 00:00:00

Penalty

Initial $2100.00 · Current $1085.00 Reduced

General-duty citation text

29 CFR 1910.303(f)(2): Each service, feeder, and branch circuit, at its disconnecting means or overcurrent device, was not legibly marked to indicate its purpose, nor located and arranged so the purpose was evident:    a) Freezer # 6, Sprinkler Room:  On or about 6/10/14 the 120 volt electrical circuit breaker panel did not have markings identifying what items each circuit serviced.

Issued

2014-12-05 00:00:00

Abate by

2015-01-23 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.305(b)(1)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:  a) Freezer # 6 Sprinkler Room:   On or about 6/10/14 an electrical circuit breaker panel had openings exposing 120 volt conductors.  b) Freezer # 6 Sprinkler Room:  On or about 6/10/14 an electrical control panel for the sprinkler alarm system was missing its cover exposing 120 volt conductors.

Issued

2014-12-05 00:00:00

Abate by

2015-01-23 00:00:00

Penalty

Initial $4200.00 · Current $2170.00 Reduced

General-duty citation text

29 CFR 1910.332(b)(3):  Qualified persons (i.e. those permitted to work on or near exposed energized parts) were not trained in and familiar with all of the requirement in 29 CFR 1910.332(b)(3)(i) through 29 CFR 1910.332(b)(3)(iii):      (a) Workplace:  On or about 6/10/14 employees were permitted to perform testing to assure that the equipment to be worked on is de-energized and had not been provided with training required by 29 CFR 1910.332(b)(3)(i) through 29 CFR 1910.332(b)(3)(iii).

Issued

2014-12-05 00:00:00

Abate by

2014-12-16 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.335(a)(1)(i): Employees working in areas where there were potential electrical hazards were not provided with electrical protective equipment that was appropriate for the specific parts of the body that needed to be protected and for the work being performed:  (a) Workplace: On or about 10/24/14 the employer did not provide employees testing 120 volt electrical equipment with adequate personal protective equipment for hands, arms and face.

Issued

2014-12-05 00:00:00

Penalty

Initial $2800.00 · Current $1450.00 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) Workplace: On or about 6/10/14 the employer had not trained production employees on the hazards associated with ammonia when they were initially assigned to their jobs.

Issued

2014-12-05 00:00:00

Abate by

2015-02-07 00:00:00

Penalty

Initial $700.00 · Current $361.00 Reduced

General-duty citation text

29 CFR 1904.33(a): 29 CFR 1904.33(a): The employer did not maintain the OSHA 300 log, the privacy case list, the annual summary  and the OSHA 301 Incident Report forms for five (5) years following the end of the calendar year that those records covered:    a) Workplace: On or about 6/10/14 the following forms were not available for review:  a) OSHA 300 and OSHA 300As for 2012 and 2010,  b) OSHA 300s for 2013 and 2011,  c) OSHA 301's for 2013 and 2011.