OSHA Inspection: TUTHILLTOWN SPIRITS LLC

Issued

Feb 11, 2016

Penalty

Initial $3,500 · Current $1,750 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 is free from recognized hazards that were likely to cause death or serious physical harm to employees in that employees were exposed to potential fire and explosion hazards from storage and use of flammable liquids:    (a)  Filling room and rick house:   On or prior to 8/25/15, distilled spirits of 114 to 160 proof (Class IB and IC flammable liquids) were stored in composite Intermodal Bulk Containers (IBCs).       (b) Tank room and barreling room:  On or prior to 8/25/15, storage tanks and IBCs containing distilled spirits (Class IB and IC flammable liquids) were not grounded.    (c) Barreling room:  On or prior to 8/25/15, distilled spirits of 114 to 160 proof (Class IB and IC flammable liquids) were transferred to the cut tank without ensuring the filling nozzle and tank were electrically interconnected (grounded and bonded).    (d)  Barreling room:  On or prior to 8/25/15, during barrel filling, 114 proof spirits (Class IC flammable liquids) were dispensed from large IBC containers (barreling tank) to aging barrels without ensuring the filling nozzle and container were electrically interconnected.         (e) Tank room:  On or prior to 8/25/15, aged spirits (Class IC flammable liquids) were pumped from aging barrels to storage tank(s) without ensuring that containers were electrically interconnected (grounded and bonded).      (f) Filling room:   On or prior to 8/25/15, aged spirits (Class IC flammable liquids) stored in tanks of up to several thousand gallons capacity were transferred to the fill line without ensuring the lines were electrically interconnected (grounded and bonded).   Spirits were transferred to a small holding tank and then bottled in glass bottles of 1/5 to 1 liter capacity.

Issued

Feb 11, 2016

Abate by

Feb 22, 2016

Penalty

Initial $2,100 · Current $1,050 Reduced

General-duty citation text

29 CFR 1910.22(a)(1): All places of employment, passageways, storerooms or service rooms were not kept clean and orderly or in a sanitary condition.    (a) Fermentation room:  On or prior to 8/25/15, hoses, cords, and equipment on the floor created a tripping hazard.

Issued

Feb 11, 2016

Penalty

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

General-duty citation text

29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:    Fermentation building, tank room, and behind still house:   On or prior to 8/25/15, spaces including but not limited to silos, tanks, vats, sumps, and pits were not evaluated to determine if they were permit-required confined spaces.

Issued

Feb 11, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:    (a)  Fermentation building, tank room, and behind still house:   On or prior to 8/25/15, spaces including but not limited to silos, tanks, vats, sumps, and pits (fermentation vessels, mash tun, storage tanks, water-treatment vessels, etc.) were not labeled as permit-required confined spaces.

Issued

Feb 11, 2016

Abate by

Mar 24, 2016

Penalty

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

General-duty citation text

29 CFR 1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:    (a)  Grain mill, fermentation room, still house, and bottling room:  On or prior to 8/25/15, an energy control (lockout/tagout) program consisting of procedures, training, and periodic inspections was not established for production equipment, including but not limited to:  bottling conveyor lines, mash tun, boiler, still(s), grain mill, etc. where employees could be exposed to unexpected startup or release of stored energy during servicing or maintenance activities (i.e. changing belts on motors).

Issued

Feb 11, 2016

Abate by

Mar 24, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(7)(i): The employer did not provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees:    (a)  Grain mill, fermentation room, still house, and bottling room:  On or prior to 8/25/15, employees were not provided with training in energy control (lockout/tagout) procedures for servicing and maintenance of production equipment, including but not limited to:  bottling conveyor lines, mash tun, boiler, still(s), grain mill, etc. where employees could be exposed to unexpected startup or release of stored energy during servicing or maintenance activities (i.e. changing belts on motors).

Issued

Feb 11, 2016

Abate by

Mar 24, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(m)(4): The employer did not implement procedures in the grain handling facility for the use of tags and locks which would prevent the inadvertent application of energy or motion to equipment being repaired, serviced, or adjusted, which could result in employee injury:    (a)  Grain mill:  On or prior to 8/25/15, energy control (lockout/tagout) procedure(s) requiring use of tags and locks were not established for servicing and maintenance of grain handling equipment, including but not limited to grain mill and storage silo, where employees could be exposed to unexpected startup or release of stored energy during servicing or maintenance activities (i.e. changing belts on motors).

Issued

Feb 11, 2016

Penalty

Initial $2,800 · Current $1,400 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) Fermentation building -- On or prior to 8/25/15, an emergency eyewash unit was not installed where employees were handling corrosive materials including but not limited to:  HLC-5000 Liquid Heavy Duty Caustic Cleaner containing concentrated Sodium Hydroxide.

Issued

Feb 11, 2016

Penalty

Initial $4,900 · Current $2,450 Reduced

General-duty citation text

29 CFR 1910.157(g)(1): An educational program was not provided for all employees to familiarize them with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting:    (a) Grain mill, still house, barreling room, tank room, bottling room, and storage areas:  On or prior to 8/25/15, the employer did not provide employees with training in the use of portable fire extinguishers.

Issued

Feb 11, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(d): The employer did not develop and implement an emergency action plan meeting the requirements contained in 1910.38(a):  (a)  At the facility:  On or prior to 8/25/15, an emergency action plan for fires and related emergencies was not developed.

Issued

Feb 11, 2016

Abate by

Mar 18, 2016

Penalty

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

General-duty citation text

29 CFR 1910.178(c)(2)(v): In locations used for the storage of hazardous liquids in sealed containers or liquified or compressed gases in containers, approved power-operated industrial trucks designated as DS, ES, GS, or LPS were not used.     (a) Still house, barreling room, storage area(s) including rick house(s), tank room, and bottling room:  On or prior to 8/25/15, the primary powered industrial truck used in these area(s) was a Komatsu FG18HT-17, type G/LP; use of this type of truck presents an increased risk of fire in the presence of flammable vapors.

Issued

Feb 11, 2016

Abate by

Mar 18, 2016

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.272(j)(3): Compressed air was used to blow dust from ledges, walls, and other areas in grain handling facilities when machinery presenting an ignition source was not shut down, and/or when all other known potential ignition sources in the area are removed or controlled:    (a) Grain mill:  On or prior to 8/25/15, ignition sources including lighting and related electrical equipment were not shut down when using compressed air for cleaning.

Issued

Feb 11, 2016

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.303(b)(1)(ii): Electrical equipment was not free from recognized hazards, based on the mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection thus provided:    (a) Fermentation room, on or about 8/25/15:  A 220 volt, three-phase receptacle used to power a  Winus C2-W11 portable chiller was temporarily spliced at an open junction box; splices were open and wrapped with electrical tape.

Issued

Feb 11, 2016

Abate by

Mar 18, 2016

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.307(c)(3): Equipment for the location was not of a type and design that the employer demonstrates will provide protection from the hazards arising from the combustibility and flammability of vapors, liquids, gases, dusts, or fibers involved.     (a) Bottling area -- On or prior to 9/29/15, electric motors, controls, and associated equipment for filling conveyor line and capper were not of a type and design for area(s) where Cat 1 flammable liquids were handled.

Issued

Feb 11, 2016

Abate by

Mar 18, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(6): The employer did not certify that each operator has been trained and evaluated as required by this paragraph (l):  (a) At the facility:  On or prior to 8/25/15, the employer did not certify that the employees were trained and evaluated in the operation Komatsu FG18HT-17 type G/LP forklift.

Issued

Feb 11, 2016

Abate by

Mar 18, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(j)(1): The employer did not develop and implement a written housekeeping program that established the frequency and the method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces:    (a)  Grain mill:  On or prior to 8/25/15, a written housekeeping plan to address accumulation of fugitive grain dust was not established.

Issued

Feb 11, 2016

Abate by

Mar 18, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(m)(3): A certification record maintained of each inspection by the employer in the grain facility was not in accordance with 29 CFR 1910.272(1):  (a)  Grain mill:  On or prior to 8/25/15, the employer did not maintain a certification record of preventive maintenance inspections conducted on grain handling equipment.

Issued

Feb 11, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(b)(2)(i): Pull boxes, junction boxes, and fittings were not provided with covers approved for the purpose:    (a)  Fermentation room:  On or prior to 8/25/15, VFD panels behind the chiller had covers removed.