OSHA Inspection: FRENCHMAN VALLEY PRODUCE, INC.

Issued

Jan 19, 2017

Abate by

Feb 3, 2017

Penalty

Initial $11,408 · Current $11,408

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:    The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees are exposed to struck by and caught between hazards associated with operating material handling motorized equipment.  The employer is failing to protect the employees from struck by hazards associated with personnel working in close proximity to heavy equipment.  The most recent example of this was found at the facility located at 32500 West Hwy 23, Wallace, Nebraska where the employer was operating a Case, model 465, skid steer with employees in the immediate area.  The skid steer was being used to  pull a 10 foot section of 18 inch diameter steel aeration tube from under a pile of stored potatoes when the back rest on the fork adapter of the skid steer knocked a 15 foot 10 ½ inch steel bulkhead beam, weighing 75-100 pounds, off its brackets striking a nearby employee.      FEASIBLE AND ACCEPTABLE METHODS OF ABATEMENT TO CORRECT THIS HAZARD INCLUDES BUT IS NOT LIMITED TO:  a.  Removal of the overhead hazards, in this instance the remaining bulkheads which were not serving any purpose still being installed.  b. Clear the hazard area of employees prior whenever heavy equipment such as a skid steer is in operation.    c.  Complete a hazard assessment and implement the use of Personal protective equipment such as eye protection and head protection while performing duties involving skid steers and chain to pull out stuck objects.     d.  Ensure only trained and qualified personnel operate heavy equipment such as skid steers.

Issued

Jan 19, 2017

Abate by

Feb 3, 2017

Penalty

Initial $4,889 · Current $1,500 Reduced

General-duty citation text

29 CFR 1910.1200(h)(3)(iv):  This provision is applicable to Agricultural employment by 1928.21(a)(5).    29 CFR 1901.1200(h)(3)(iv):  Employee training did not include the details of the hazard communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use appropriate hazard information:      The employer is filing to provide employees with training specific to the use in chemicals as it relates to the ability to identify and read a Safety Data Sheet.  This most recently occurred at the facility located at 32500 West Hwy 23, Wallace, Nebraska, on October 24, 2016 where the employer has employees tasked to use basic petroleum products such as oil and grease without having been trained to understand the safety data sheets for these chemicals.

Issued

Jan 19, 2017

Abate by

Feb 3, 2017

Penalty

Initial $8,149 · Current $8,149

General-duty citation text

29 CFR 1904.39(a)(1): The employer did not report within 8-hours the death of an employee resulting from a work-related incident:  The employer is failing to report work place fatalities to the Occupational Safety and Health Administration.  This was most recently observed at 32500 West Highway 23, Wallace, Nebraska, on October 26, 2016.  The employer or authorized representative failed to notify the Occupational Safety and Health Administration (OSHA) of a fatality which occurred on October 26, 2016.  The employee passed away as a result of an injury which occurred on October 24, 2016 while working.