OSHA Inspection: GERMAN PELLETS TEXAS, LLC

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $6,972 · Current $3,835 Reduced

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace, including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:    a) At the facility, in Silos 1 and 2: On February 26, 2017 and times thereafter, the employer did not reasonably estimate employee exposure to wood dust, a particle not otherwise regulated (PNOR), when employees were reclaiming wood pellets inside of silos.

Issued

Aug 24, 2017

Abate by

Feb 19, 2018

Penalty

Initial $0 · Current $3,835

General-duty citation text

29 CFR 1917.24(b): Tests were not made to determine carbon monoxide concentration to ensure that employee exposure did not exceed the limits specified in 29 CFR 1917.24(a):    a) At the facility, in Silos 1, 3 and 5: On February 26, 2017 and times theretofore, the 8-hour time weighted average exposure to carbon monoxide was not determined for employees working near internal combustion engine material handling equipment inside the silos during wood pellet reclaiming, exposing employees to a chemical asphyxiation hazard.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $9,760 · Current $5,368 Reduced

General-duty citation text

29 CFR 1917.112(b)(1): Guardrails were not provided at locations where employees were exposed to floor or wall openings or waterside edges, including bridges or gangway-like structures leading to pilings or vessel mooring or berthing installations, which presented a hazard of falling more than 4 feet or into the water:    a)  At the facility, catwalk storage on top of and between Silos 2 and 3: On February 26, 2017 and times thereafter, employees were not protected by a guardrail while accessing materials including but not limited to spare chain links and other equipment stored at an unguarded edge approximately 120 feet above the lower level, exposing employees to a fall hazard.    b)  At the facility, on the conveyor that runs across the facility to the ship loader: On February 26, 2017 and times thereafter, employees were not protected by a guardrail during routine maintenance required during operation at a height approximately 29 feet above the lower level, exposing employees to a fall hazard.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $9,760 · Current $5,368 Reduced

General-duty citation text

29 CFR 1917.151(b)(4): A power cut-off device for machinery and equipment was not provided at the operator's working position:    a) At the facility, Silo 1: On February 26, 2017 and times theretofore, a power cut-off device for the sweep auger was not provided at the operator's position on the outside of the silo while employees worked inside near the running auger to reclaim wood pellets, exposing employees to a caught-in hazard.      b) At the facility, Silo 2: On February 26, 2017 and times theretofore, a power cut-off device for the sweep auger was not provided at the operator's position on the outside of the silo while employees worked inside near the running auger to reclaim wood pellets, exposing employees to a caught-in hazard.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $97,597 · Current $53,678 Reduced

Hazardous substances E200

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 were exposed to dust explosion, deflagration, and other fire hazards when using equipment with internal combustion engines while working in an environment normally expected to contain airborne combustible dust.  On or about February 26, 2017 and times theretofore and thereafter, employees were directed to use internal combustion powered equipment, including a skid steer front end loader and a mini-excavator inside Silo 1.  Silo 1 is normally expected to contain an airborne combustible wood dust during reclaiming of wood pellets.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $97,597 · Current $53,678 Reduced

General-duty citation text

29 CFR 1917.151(b)(1): Danger zones on machines and equipment used by employees were not guarded:    a) At the facility, Silo 1: On February 26, 2017 and times theretofore and thereafter,  the danger zone of the sweep auger was not guarded while employees conducted wood pellet reclaiming near the point of operation, exposing employees to a caught in hazard.      b) At the facility, Silo 2: On February 26, 2017 and times theretofore and thereafter, the danger zone of the sweep auger was not guarded while employees conducted wood pellet reclaiming near the point of operation, exposing employees to a caught in hazard.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $19,520 · Current $10,736 Reduced

Hazardous substances E200

General-duty citation text

29 CFR 1910.307(c)(2)(i): Equipment in hazardous (classified) location(s) was not approved for the ignitable or combustible properties of the specific gas, vapor, dust, or fiber that was or could be present:    a) At the facility, Silo 1:  On February 26, 2017 and times theretofore, electrical equipment including extension cords, plug connections, and Portable LED electric work lights, Ecozone, Model L1326, UL 1P68, 120 volt, 0.84 amp in a Class II, Division I location, were not intrinsically safe, or approved for Class II, Division I location exposing employees to fire and explosion hazards.      b) At the facility, Silo 2:  On February 26, 2017 and times theretofore, electrical equipment including extension cords, plug connections, and Portable LED electric work lights, Ecozone, Model L1326, UL 1P68, 120 volt, 0.84 amp in a Class II, Division I location, were not intrinsically safe, or approved for Class II, Division I location, exposing employees to fire and explosion hazards.    German Pellets Texas, LLC was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.307(c)(2)(i), which was contained in OSHA inspection number 950187, citation number 01, item number 004 and was affirmed as a final order on 5/16/2014, with respect to a workplace located at Port of Port Arthur, 498-A West Lakeshore Dr., Port Arthur, TX 77640.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $13,943 · Current $7,669 Reduced

General-duty citation text

29 CFR 1917.23(b)(1): The employer did not ensure that a properly equipped designated person tested the atmosphere in rooms, buildings, vehicles, railcars, or other spaces that contains or had contained a hazardous atmosphere, prior to employee entry to determine whether a hazardous atmosphere existed:    a) At the facility, Silo 1: On February 24, 2017 the designated person was not properly equipped and did not test the silo atmosphere prior to employees entering to conduct wood pellet cargo reclaiming, exposing employees to an asphyxiation hazard.      b) At the facility, Silo 2: On February 24, 2017 the designated person was not properly equipped and did not test the silo atmosphere prior to employees entering to conduct wood pellet cargo reclaiming, exposing employees to an asphyxiation hazard.      c) At the facility, Silo 1: On February 25, 2017 the designated person was not properly equipped and did not test the silo atmosphere prior to employees entering to conduct wood pellet cargo reclaiming, exposing employees to an asphyxiation hazard.      d) At the facility, Silo 2: On February 25, 2017 the designated person was not properly equipped and did not test the silo atmosphere prior to employees entering to conduct wood pellet cargo reclaiming, exposing employees to an asphyxiation hazard.      e) At the facility, Silo 1: On February 26, 2017 the designated person was not properly equipped and did not test the silo atmosphere prior to employees entering to conduct wood pellet cargo reclaiming, exposing employees to an asphyxiation hazard.      f) At the facility, Silo 2: On February 26, 2017 the designated person was not properly equipped and did not test the silo atmosphere prior to employees entering to conduct wood pellet cargo reclaiming, exposing employees to an asphyxiation hazard.      g) At the facility, Silo 1: On February 27, 2017 the designated person was not properly equipped and did not test the silo atmosphere prior to employees entering to conduct wood pellet cargo reclaiming, exposing employees to an asphyxiation hazard.      h) At the facility, in the Pit Area: On April 15, 2017 and times thereafter, the designated person was not properly equipped and did not test the pit area atmosphere prior to employees entering to pump fire suppression cooling water, exposing employees to an asphyxiation hazard.    German Pellets Texas, LLC was previously cited for a violation of an equivalent Occupational Safety and Health Standard 29 CFR 1910.146(c)(5)(ii)(c), which was contained in OSHA inspection number 950187, citation number 01, item number 001/b and was affirmed as a final order on 5/16/2014, with respect to a workplace located at Port of Port Arthur, 498-A West Lakeshore Dr., Port Arthur, TX 77640.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $2,789 · Current $1,534 Reduced

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:    a) At the facility, Silo 1 and 2: On February 26, 2017 and times theretofore, employees used tight fitting, negative pressure N95 filtering face piece respirators for protection from wood dust inhalation during wood pellet reclaiming inside the silos, and were not medically evaluated to determine their ability to use that respirator, exposing employees to a cardio-pulmonary distress hazard.    German Pellets Texas, LLC was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.134(e)(1), which was contained in OSHA inspection number 1074467, citation number 03, item number 001 and was affirmed as a final order on 10-22-2015, with respect to a workplace located at Port of Port Arthur, 498-A West Lakeshore Dr., Port Arthur, TX 77640.

Issued

Aug 24, 2017

Abate by

Mar 19, 2018

Penalty

Initial $2,789 · Current $1,534 Reduced

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting face piece respirators were not fit tested prior to initial use of the respirator:    a) At the facility, in Silos 1 and 2: On February 26, 2017 and times thereafter, the employer did not ensure employees were fit tested for 3M 8511 N95 tight fitting respirators prior to use during wood pellet reclaiming inside the silos.    German Pellets Texas LLC was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1074467, citation number 3, item number 2 and was affirmed as a final order on 10-22-2015, with respect to a workplace located at 498-A West Lakeshore Dr., Port Arthur, TX.