OSHA Inspection: NATURES HERBS & WELLNESS CENTER, LLC

Issued

Nov 16, 2015

Abate by

Jan 18, 2016

Penalty

Initial $2,975 · Current $1,725 Reduced

General-duty citation text

29 CFR 1910.106(h)(6)(ii)(d):  Processing plants were not protected by an approved automatic sprinkler system or equivalent extinguishing system:      (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not ensure that an approved automatic sprinkler system or equivalent extinguishing system was installed in the hash oil extraction room where employees transfer and utilize n-Butane, which is a Class 1A flammable liquid.  This condition exposed employees to fire hazards.

Issued

Nov 16, 2015

Abate by

Jan 18, 2016

Penalty

Initial $1,785 · Current $1,035 Reduced

General-duty citation text

29 CFR 1910.132(d)(2):  The employer did not verify that the required workplace hazard assessment has been performed through a written certification which included the requirements as outlined in 29 CFR 1910.132(d)(2):      (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not verify that the required workplace hazard assessment had been performed through a written certification which included and identified the following:      (1)  The workplace evaluated;  (2)  The person certifying that the evaluation had been performed;  (3)  The date(s) of the hazard assessment; and,  (4)  The document identified as a certification of the hazard assessment.      Abatement Note:  If hazards are present, or likely to be present, the employer must comply with the following:      (1)  Select, and have each affected employee use the types of PPE that will protect the affected employees from the hazards identified in the hazard assessment;  (2)  Communicate selection decisions to each affected employee; and,  (3)  Select PPE that properly fits each affected employee.  (4)  The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.  (5)  Defective and damaged equipment shall not be used.  (6)  The employer shall provide training to each employee who is required by this section to use PPE.  Each such employee shall be trained to know at least the following:        (a)  When PPE is necessary;        (b)  What PPE is necessary;        (c)  How to properly don, doff, adjust, and wear PPE;        (d)  The limitations of the PPE.  (7)  Each affected employee shall demonstrate an understanding of the training specified above and the ability to use PPE properly before being allowed to perform work requiring the use of PPE.  (8)  When the employer has reason to believe that any affected employee who has already been trained does have the understanding and skill required to use the PPE the employer shall retrain the employee. Circumstances where retraining is required include, but are not limited to situations where:        (a)  Changes in the workplace render pervious training obsolete; or        (b)  Changes in the types of PPE to be used render previous training obsolete; or        (c)  Inadequacies in an affected employee's knowledge or use of assigned PPE indicate the employee has not retained the requisite understanding or skill.   (9)  The employer shall verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subject of the certification.

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.138(a):  The employer did not select and require employees to use appropriate hand protection when employees' hands are exposed to hazards such as those from skin absorption of harmful substances, severe cuts and lacerations, severe abrasions, punctures, chemical burns, thermal burns, and harmful temperature extremes:    (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not select and require employees to wear appropriate hand protection for employees that connect and disconnect butane filled cylinders to equipment in the extraction room.  This condition exposed employees to chemical burns caused from butane contacting unprotected skin.      (b)  Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not select and require employees to wear appropriate hand protection for employees that handle marijuana plants in the greenhouse after sulfur has been burned.  This condition exposed employees to chemical hazards.

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $2,800 · Current $1,624 Reduced

General-duty citation text

29 CFR 1910.212(a)(1):  Machine guarding was not provided to protect operators and other employees from hazards created by ingoing nip points, rotating parts, flying chips and sparks:      (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not ensure that the tumblr high-speed cutting machine was guarded, in that the rotating tube was not guarded.  This condition exposed employees to cutting hazards and rotating parts.

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $2,100 · Current $1,218 Reduced

General-duty citation text

29 CFR 1910.219(d)(1):  Pulley(s) with part(s) seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified in 29 CFR 1910.219(m) and (o):      (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not ensure the pulley on the tumblr cutting machine was guarded, in that the exposed belt and pulley apparatus was approximately 1 foot above the working floor.  This condition exposed employees to the hazard of rotating pulleys and belts.

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $2,800 · Current $1,624 Reduced

General-duty citation text

29 CFR 1910.305(a)(2)(ix):  All lamps for general illumination were not protected from accidental contact or breakage by a suitable fixture or lampholder with a guard:      (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not ensure that the 600w metal halide lamps located throughout the facility were effectively covered as to prevent shattering and discharge of the outer jacket of the arc tubes due to extremely high temperatures (in excess of 1,000 degrees F).  The arc tubes can rupture unexpectedly due to internal causes or external factors. If the outer jacket of the lamp shatters, the hot quartz arc tube particles and outer jacket glass particles will be discharged and projected on to employees working in close proximity.  The condition exposed employees to struck-by and burn hazards associated with the discharge of hot projectiles.      (b)  Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not ensure that the fluorescent lights in the hallway of the baby plant area were effectively covered as to prevent shattering in the event of accidental contact.  This condition exposed employees to being struck-by and burn hazards associated with the discharge of glass and hot projectiles.

Issued

Nov 16, 2015

Abate by

Jan 18, 2016

Penalty

Initial $3,500 · Current $2,030 Reduced

General-duty citation text

29 CFR 1910.307(c)(2)(i):  Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location:      (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not ensure that the equipment used in the hash oil extraction room, such as the electronic Adam scale, the RPR water re-circulator, and the CareSaverUSA refrigerant recovery equipment were approved for a Class 1 Division I location.  This condition creates an explosion hazard due to the potential for an ignition source in a room where butane is utilized in the extraction process.

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $1,785 · Current $1,104 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and maintain a written hazard communication program which at least described how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:      (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not develop and implement a written hazard communication program that pertains to employee use of chemicals such as, but not limited to the following:       1) Hi-Yield Soil Sulfur  2) N-Butane  3) Pure Neem Oil Organic Leaf Polish  4) AzaMax Biological Insecticide, Miticide, and Nematicide  5) Carbon Dioxide

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1):  The employer did not develop, implement, and maintain a written hazard communication program which at least described how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:    (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not develop and implement a written hazard communication program that pertains to employee use of chemicals such as, but not limited to the following:     1) Hi-Yield Soil Sulfur 2) N-Butane 3) Pure Neem Oil Organic Leaf Polish 4) AzaMax Biological Insecticide, Miticide, and Nematicide 5) Carbon Dioxide

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii):  The employer did not identify and evaluate the respiratory hazard in the workplace:    (a)   Nature's Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not identify and evaluate the respiratory hazard in the workplace, in that employees were potentially exposed to the inhalation of sulfur in the greenhouse.  This condition potentially exposed employees to the inhalation of chemicals.    (b)  Nature's Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer did not identify and evaluate the respiratory hazard in the workplace, in that employees were potentially exposed to the inhalation of butane in the extraction room.  This condition potentially exposed employees to the inhalation of chemicals.

Issued

Nov 16, 2015

Abate by

Dec 19, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(1)(iv)[A]:  Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:    (a)   Natures Herbs & Wellness Center, LLC at 522 7th St, Garden City, CO 80631:  On or before May 14, 2015 the employer used flexible cords and/or cables as a substitute for the fixed wiring of a structure.  Flexible cords and/or cables were used to connect equipment such as, but not limited to, lights and fans throughout the facility.  This condition exposed the employees to electrical shock and fire hazards.