OSHA Inspection: FERRARA CANDY COMPANY

Issued

Dec 11, 2014

Abate by

Jan 23, 2016

Penalty

Initial $7,000 · Current $3,500 Reduced

Hazardous substances 81108111

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:     Ferrara Candy Company did not administer a continuing, effective hearing conservation program when employee noise exposures equaled or exceeded an 8-hour time-weighted average (TWA) sound level of 85 decibels or an adjusted action level for an extended shift:      1) A temporary employee working as a cook in the kitchen on the fifth floor was exposed to noise at 56.07% of the allowable 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 90 dBA. The equivalent dBA levels of 56.07% is approximately 85.8 dBA which exceeds the adjusted action level of 82.1 dBA. Sampling was performed on November 5, 2014 during one 12-hour shift for 444 minutes. Zero exposure was assumed for the unsampled period of 276 minutes.      2) A temporary employee doing scrap packaging was exposed to noise at 57.5% of the allowable 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 90 dBA. The equivalent dBA level of 57.5% is approximately 86 dBA which exceeds the adjusted action level of 83.4 dBA. Sampling was performed on November 5, 2014 during one 10-hour shift for 480 minutes. Zero exposure was assumed for the unsampled period of 120 minutes.     3) A temporary employee working as a dumper in fruit snacks was exposed to noise at 82.4% of the allowable 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 90 dBA. This is equivalent dBA level of 82.4% is approximately 88.6 dBA which exceeds the adjusted action level of 83.4 dBA. Sampling was performed on November 5, 2014 during one 10-hour shift for 478 minutes. Zero exposure was assumed for the unsampled period of 122 minutes.     4) A temporary employee working as a dumper in fruit snacks was exposed to noise at 94.0% of the allowable 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 90 dBA. The equivalent dBA level of 94.0% is approximately 89.5 dBA which exceeds the adjusted action level of 83.4 dBA. Sampling was performed on November 5, 2014 during one 10-hour shift for 480 minutes. Zero exposure was assumed for the unsampled period of 120 minutes.      5) A temporary employee doing engrossing and polishing in the chocolate panning room was exposed to noise at 127.3% of the allowable 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 90 dBA. The equivalent dBA level of 127.3% is approximately 91.7 dBA which exceeds the adjusted action level of 83.4 dBA. Sampling was performed on November 5, 2014 during one 10-hour shift for 408 minutes. Zero exposure was assumed for the unsampled period of 192 minutes.      6) A temporary employee doing polishing in the sugar panning room was exposed to noise at 167.6% of the allowable 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 90 dBA. The equivalent dBA level of 167.6% is approximately 93.7 dBA which exceeds the adjusted action level of 83.4 dBA. Sampling was performed on November 5, 2014 during one 10-hour shift for 466 minutes. Zero exposure was assumed for the unsampled period of 134 minutes.      7) A temporary employee doing polishing in the sugar panning room was exposed to noise at 328.9% of the allowable 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 90 dBA. The equivalent dBA level of 328.9% is approximately 98.5 dBA which exceeds the adjusted action level of 82.1 dBA. Sampling was performed on November 5, 2014 during one 12-hour shift for 464 minutes. Zero exposure was assumed for the unsampled period of 256 minutes.      In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.