OSHA Inspection: FRESH ACQUISITIONS, LLC DBA DYNAMIC FOODS

Issued

Jun 4, 2015

Abate by

Dec 22, 2015

Penalty

Initial $5,000 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices (RAGAGEP).          The employer did not ensure that the refrigeration system complied with recognized and generally accepted good engineering practices such as but not limited to the following:    a)  in the engine room, the employer did not immediately repair the vapor seal to prevent intrusion of water or water vapor which will lead to breakdown of insulation, damaged pipe insulation and corrosion of the pipework;  in accordance with IIAR, Bulletin No. 110, Start-up, Inspection and Maintenance of Ammonia Mechanical Refrigerating Systems, Section 6.7.2 Insulated piping.  The vapor seal and pipe insulation were damaged near Compressor #3.    b)  piping did not identify the refrigerant (i.e. ammonia), the physical state of the refrigerant, the relative pressure level of the refrigerant and the direction of flow;  in accordance with IIAR, Bulletin No. 114, Identification of Ammonia Refrigeration Piping and System Components, Section 4.1, Piping Markers.  The pipes were not marked in the vicinity of the cooling tower located on the roof above the cook food area.

Issued

Jun 4, 2015

Abate by

Mar 22, 2016

Penalty

Initial $3,000 · Current $2,400 Reduced

General-duty citation text

29 CFR 1910.119(e)(6): At least every five (5) years after the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (e)(4) of this section, to assure that the process hazard analysis is consistent with the current process.      The employer did not revalidate the Process Hazard Analysis (PHA) by a team meeting the requirements of paragraph (e)(4) every five years.

Issued

Jun 4, 2015

Abate by

Mar 22, 2016

Penalty

Initial $5,000 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information.    The employer did not ensure that the operating procedures were written to provide instruction for safely conducting activities involved in each covered process including, but not limited high pressure receiver, low temp re-circulator, high temp re-circulator, compressor, swing compressor, low stage compressor, auto purger, condensers, freezer, evaporators. Operating procedures were not provided for the following:              a)      initial startup.                b)      temporary operations.                c)      emergency shutdown.          d)      emergency operations.                e)      normal shutdown.              f)       startup after an emergency shutdown.         g)       normal operating procedures for draining oil out of the system.

Issued

Jun 4, 2015

Abate by

Mar 22, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(3): The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer shall certify annually that these operating procedures are current and accurate.     The employer did not ensure that standard operating procedures for Initial Start-up, Normal operation, Normal shutdown, Temporary operation, Emergency shutdown and Emergency operation were certified annually; such as, but not limited to the following equipment:       a) Compressors    b) Air cooling evaporator    c) Condensers

Issued

Jun 4, 2015

Abate by

Mar 22, 2016

Penalty

Initial $3,000 · Current $2,400 Reduced

General-duty citation text

29 CFR 1910.119(g)(1)(i): The employer did not train each employee before being involved in operating a newly assigned process in the operating procedures as specified in paragraph (f) of this section.     The employer did not provide initial formal training to its employees prior to being involved in operating the refrigeration system including, but not limited to:        a)      initial startup.                b)      temporary operations.                c)      emergency shutdown.          d)      emergency operations.                e)      normal shutdown.              f)       startup after an emergency shutdown.         g)       normal operating procedures for draining oil out of the system.          h)      normal operating procedures.

Issued

Jun 4, 2015

Abate by

Aug 22, 2015

Penalty

Initial $4,000 · Current $3,200 Reduced

General-duty citation text

29 CFR 1910.119(h)(2)(iii): The employer did not explain the applicable provisions of the emergency action plan to contract employees who work on or adjacent to a covered process.    The employer did not ensure that contract employees were provided adequate information and training on the hazards of a chemical such as ammonia in their work place.

Issued

Jun 4, 2015

Abate by

Aug 22, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(h)(2)(iv): The employer did not develop and implement safe work practices consistent with paragraph (f)(4) of this section to control the entrance, presence and exit of contract employers and contract employees in the covered process areas.    The employer did not develop and implement safe work practices to ensure that contractor employees were protected from hazards associated with the hazards of a chemical such as ammonia in their work place.

Issued

Jun 4, 2015

Abate by

Dec 22, 2015

Penalty

Initial $5,000 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.119(j)(2): Written procedures. The employer did not establish and implement written procedures to maintain the on-going integrity of process equipment.    The employer did not ensure the mechanical integrity procedures were written for inspecting vessels, compressors, evaporators, insulation and piping; in accordance with consensus documents, such as but not limited to:    a) External visual inspections of each compressor, in accordance with IIAR, bulletin No. 110 "Start-up, inspection and maintenance of Ammonia Mechanical refrigerating Systems, Section 6.3.     b) External visual inspection of insulated piping segments; in accordance with IIAR, Bulleting No. 110 "Start-up, Inspection and maintenance of Ammonia Mechanical Refrigerating System, Section 6.7.2.    c) External visual Inspection of un-insulated vessels; in accordance with IIAR, Bulletin No. 110 " Start-up, Inspection and Maintenance of Ammonia Mechanical Refrigerating System, Section 6.4.    d) External visual inspection of un-insulated piping; in accordance with IIAAR, Bulletin No. 110" Start up, Inspection and maintenance of Ammonia Mechanical Refrigerating Systems, Section 6.7.1.

Issued

Jun 4, 2015

Abate by

Dec 22, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(iii): The frequency of inspections and tests of process equipment was not consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.      The employer did not ensure that inspections and tests are conducted at a frequency consistent with recognized and generally accepted good engineering practices such as IIAR Bulletin 110 including but not limited to the following:     a) Annual visual inspections of un-insulated piping, insulated piping, vessels and heat exchangers were not performed in accordance with IIAR Bulletin 110.       b) The employer did not ensure that in the engine room, the mechanical conditions of the drives of the 6 compressors         c)  The employer did not ensure in the engine room, the mechanical conditions of the drives on compressors, are inspected on a quarterly schedule.  The employer did not schedule inspections per IIAR Bulletin 110 Section 6 to ensure the mechanical integrity of the equipment, exposing employees to ammonia release.

Issued

Jun 4, 2015

Abate by

Dec 22, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(iv): The employer did not document each inspection and test that was performed on process equipment wherein the documentation identified the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.    The employer did not ensure that inspections of process equipment were properly documented.  The inspection records did not include the description of the inspection and the results of the inspection for each piece of process equipment, such as but not limited to the following:       a) Evaporators    b) Vessels     c) Compressors    d) Transfer Pumps

Issued

Jun 4, 2015

Abate by

Jun 30, 2015

Penalty

Initial $5,000 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.119(l)(1): The employer did not establish and implement written procedures to manage changes  to process chemicals, technology, equipment,  and procedures; and, changes to facilities that affect a covered process.        In the mechanical room, employer did not ensure that written procedures for management of change were established and implemented for modification to equipment that affect  a covered process including, but not limited the following:     a) replacement of relief valves     b) replacement of pressure gages     c) replacement of receiver coils     d) cooling tower seals

Issued

Jun 4, 2015

Abate by

Jul 22, 2015

Penalty

Initial $4,000 · Current $3,200 Reduced

General-duty citation text

29 CFR 1910.119(m)(3): The incident investigation team did not consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident:    The employer did not ensure that incident investigation team met the requirements of this paragraph including but not limited to the following:    a) damaged piping in condenser coil

Issued

Jun 4, 2015

Abate by

Jul 22, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(m)(4): An incident report was not prepared at the conclusion of the investigation that included at a minimum, the date of the incident, date the investigation began, a description of the incident, and any recommendations resulting from the investigation.      The employer did not ensure that an incident report was prepared at the conclusion of each investigation that included at a minimum, the date the investigation began, a description of the incident, and any recommendations resulting from the investigation.

Issued

Jun 4, 2015

Abate by

Dec 22, 2015

Penalty

Initial $5,000 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.119(n): The employer did not establish and implement an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38     Throughout the facility, employer did not:     a) perform physical evacuation procedures. The employer did not conduct fire, chemical release, and extreme weather evacuation drills.     b) did not ensure that employees recognized the difference between alarms for fire and small and large releases for highly hazardous chemicals.     c) did not ensure that reliable and adequate tests of non-supervised employee alarm systems were made at least very two months.      d) employer did not train employees to assist in safe and orderly evacuation    e) did not review the emergency evacuation procedures with visitors and non-employees.

Issued

Jun 4, 2015

Abate by

Dec 22, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(c)(1): The employer did not develop a written plan of action regarding the implementation of the employee participation required by this paragraph.     The employer did not ensure that a written plan of action was developed regarding the implementation of employee participation in the conduct and development of the process hazard analyses and other elements of process safety management including process safety information, mechanical integrity, incident investigation, management of change, and emergency evacuation.