OSHA Inspection: 1-800 FLOWERS RETAIL INC. DBA THE POPCORN FACTORY, INC.

Issued

May 17, 2016

Penalty

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

General-duty citation text

29 CFR 1910.22(b)(1): Where mechanical handling equipment was used, sufficient safe clearances were not allowed for aisles, at loading docks, through doorways and wherever turns or passage had to be made:    a) Raw Materials Area- On November 23, 2015, the employer failed to ensure that all aisles and passageways that were used by mechanical handling equipment throughout the facility were kept clear, such as near Section 01I.     No abatement certification or documentation is required for this item.

Issued

May 17, 2016

Penalty

Initial $2,550 · Current $1,000 Reduced

General-duty citation text

29 CFR 1910.36(g)(2): Exit access(es) were not at least 28 inches (71.1 cm) wide at all points.    a) Downstairs Warehouse- On November 23, 2015, the employer failed to keep all routes of exit routes at least 28 inches wide at all points, such as the exit route access to Emergency Exit Door #12.  This door was entirely blocked by large pallets of material.      No abatement certification or documentation is required for this item.

Issued

May 17, 2016

Penalty

Initial $4,000 · Current $4,000

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 Areas- On or about November 23, 2015, the employer failed to develop, document and utilize machine specific procedures to control the potentially hazardous energy for machines, such as the Woody Stringer, #EQ177, Butter Popper, #EQ2, Cheese Popper, #EQ10, Continuous Popper, #EQ78, Popcorn Ball Popper, #EQ93, Nut Line Mixer, #EQ21, Shrink Tunnels, #EQ148 and #EQ149, Nut Line Steam Kettle, #EQ19, Popcorn Ball Line Steam Kettle, #EQ100, Can Line Conveyors, #EQ36, #EQ37, and #EQ38, Cooling Tunnel, #EQ178, Continuous Holding Steam Kettle, #EQ87, Melters & Tempering Units, #EQ189, #EQ190, #EQ191 and #EQ192, Continuous Coating Screw, #EQ81, Steam Kettle, #EQ85, and the Bailer, #EQ113.  This failure prevented employees from knowing the proper information on how to secure all sources of energy, such as electrical, pneumatic, hydraulic and thermal steam energy.       No abatement certification or documentation is required for this item.

Issued

May 17, 2016

Abate by

Jun 13, 2016

Penalty

Initial $7,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.147(d):  The established procedures for the application of energy control (the lockout or tagout procedures) shall cover the following elements and actions and shall be done in the following sequence:    Employees who performed servicing and sanitation procedures on and around the food production equipment were not required to:  1. Know the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy;  2. Turn off and shut down the machine(s);  3. Physically locate and operate energy isolating devices in such a manner as to isolate the machine or equipment from the energy source;  4. Affix lockout or tagout devices to each energy isolating device;  5. Prior to starting work on machines that have been locked out or tagged out, verify that isolation and de-energization of the machine or equipment have been accomplished.    a) Production Areas- On November 23, 2015, the employees had to remove covers, guards, and other parts of the equipment in order to clean the food production equipment.  During that time the unexpected activation of the equipment could cause injury to the employees.      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.

Issued

May 17, 2016

Penalty

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

General-duty citation text

29 CFR 1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:    a) Production Areas- On or about November 23, 2015, the employer failed to conduct periodic inspections of each energy control procedure at least annually to verify the procedures were adequate and were being applied properly.  This would include an inspection of the machine specific procedures for equipment such as the Popcorn Ball Press, #EQ105, Hayssen 1 Labeler, #EQ55, Hayssen Baggers 1 #EQ50, 2 #EQ60, 3 #EQ69, & 4 #EQ180, and the Caramel Evaporator Tube, #EQ82.    No abatement certification or documentation is required for this item.

Issued

May 17, 2016

Abate by

Jun 13, 2016

Penalty

Initial $7,000 · Current $4,000 Reduced

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) Production Areas- On or about November 23, 2015, the employer did not ensure that all Sanitation employees were adequately trained as Authorized employees.  The Sanitation Employees performed daily sanitation of equipment without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on food production equipment throughout the facility.     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.

Issued

May 17, 2016

Penalty

Initial $6,000 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):    a) Facility Wide- On or about November 23, 2015, the employer failed to ensure that each powered industrial truck operator was competent to operate powered industrial trucks safely as demonstrated by the successful completion of the training and evaluation.    No abatement certification or documentation is required for this item.

Issued

May 17, 2016

Abate by

Jun 13, 2016

Penalty

Initial $3,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.178(l)(4)(iii): An evaluation of each powered industrial truck operator's performance was not being conducted at least once every three years:    a) Production and Warehouse Areas- On November 23, 2015, the employer failed to ensure that each powered industrial truck operator's operational performance was evaluated and documented at least once every three years.     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.