OSHA Inspection: MARSHALL INGREDIENTS, LLC

Issued

Jan 17, 2018

Abate by

Feb 16, 2018

Penalty

Initial $9,054 · Current $9,054

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): 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 the hazards of exposure to potential combustible dust, fire, deflagration and explosion hazards.    Marshall Ingredients, LLC, Process Room, on or about or about 8/7/17:   The employer operates two manufacturing lines that dry and pulverizes fruit products into powders.  The powders were sampled and determined to be explosive.  The employer did not implement procedures for managing and/or mitigating fire and explosion hazards of combustible agricultural dusts or related particulate solids.  The areas with the hazards include, but are not limited to, the rotary dryers, cyclones, metal detectors, hammer mills and baggers.  Deficiencies include but are not limited to:         a)    Dust Hazard Analysis (DHA) not performed;     b)    Controls not in place to prevent sources of ignition such as but not limited to static electricity, sparks and heat;     c)    Fire and Spark prevention, detection, suppression systems not in place;         d)    The employer did not have deflagration protection at all affected areas;     e)    The employer had improperly installed back flow prevention devices in the exterior dust collection area.    Among other methods, one feasible and acceptable abatement method to correct these hazards are to comply with relevant provisions in NFPA 61 (2017) Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities and NFPA 652 (2016) Standard on the Fundamentals of Combustible Dust, such as:        1) Chapter 4, Section 4.1.2 of NFPA 61, which requires that the employer identify, assess the consequences and manage credible fire, flash fire and explosion hazards associated with their facility; and communicate the hazards to affected personnel.           2) Chapter 7, Section 7.1.1 of NFPA 652 and NFPA 61, which requires the employer to conduct a Dust Hazard Analysis.        3) Chapter 8, Section 8.3.9.4.4.1 of NFPA 61, which requires each dryer located inside a building to be protected by a permanently install fire protection system, explosion suppression system, or both, in accordance with applicable NFPA standards.        4)  Chapter 8, Section 8.8.4.1 of NFPA 61 which requires that equipment requiring explosion prevention shall be protected by containment, suppression, inerting, or explosion venting.

Issued

Jan 17, 2018

Abate by

Jan 22, 2018

Penalty

Initial $6,467 · Current $6,467

General-duty citation text

29 CFR 1910.36(d)(1): Employee(s) were not able to open an exit route door from the inside at all times without keys, tools, or special knowledge:  a)  Process Room, on or about 8/2/17:  Employees were not able to open the Northeast exit door from the inside at all times without keys due to the locked screen door mounted in front of the exit door.    b)  Process Room, on or about 8/2/17:  Employees were not able to open the Southeast exit door from the inside at all times without keys in that the only access to the exit was through a locked chain link gate.

Issued

Jan 17, 2018

Abate by

Jan 22, 2018

Penalty

Initial $9,054 · Current $9,054

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:  a)  Chemical Room, on or about 10/20/17:  Employee using ZEP Peroxy-Serve 5, which contains hydrogen peroxide, peracetic acid and acetic acid, to clean Sweaco Balls, did not wear eye protection.    b)  Restroom, on or about 11/9/17:  Employee using VETO II Disinfectant, which contains hydrochloric acid, to clean the toilet, did not wear eye protection.

Issued

Jan 17, 2018

Penalty

Initial $0 · Current $0

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)  Chemical Room, on or about 7/28/17 and 8/4/17:  Employees handling injurious corrosive liquids, such as but not limited to:  ZEP Morado Super Cleaner, ZEP FS Formula 4089 GL, ZEP VETO II Disinfectant and ZEP Peroxy-Serve 5, were not provided with suitable facilities for quick drenching or flushing of the eyes and body.

Issued

Jan 17, 2018

Abate by

Jan 29, 2018

Penalty

Initial $9,054 · Current $9,054

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)  Process Room, on or about 7/18/17:  Lockout procedures were not utilized for the control of potentially hazardous energy while employees were engaged in cleaning Dryer #1 in that the airlock, rotary drum and gas line were not locked out.  b)  Process Room, on or about 7/22/17:  Neither lockout procedures in accordance with 29 CFR 1910.147 (c)(4)(i) nor other effective alternative measures pursuant to 29 CFR 19109.147 (a)(2)(ii) were utilized when cleaning the air lock of Dryer #1.  An employee sustained a hand amputation when she reached into the rotating airlock for cleaning purposes.  c)  Process Room, on or about 7/24/17:  Lockout procedures were not utilized while an employee was engaged in cleaning the inside of Dryer #1 in that the gas line had not been turned off and locked out.

Issued

Jan 17, 2018

Abate by

Jan 29, 2018

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)  Marshall Ingredients, LLC, on or about 7/22/17:  The employer did not provide lockout/tagout training to authorized and affected employees to ensure that they understood the purpose and function of the energy control  program as well as the knowledge and skills required for the safe application, usage and removal of energy controls.  Employees perform service and/or maintenance on equipment, including but not limited to, Hammer Mills; Dryers; Prater Grinder; Dumpers; Conveyors and Bag Sealer.

Issued

Jan 17, 2018

Abate by

Jan 29, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(f)(3)(ii)(D): Each authorized employee did not affix a personal lockout or tagout device to the group lockout device before working on the machine or equipment:   a)  Process Room, on or about 9/5/17:   Each authorized employee did not affix a personal lockout device to the group lockout device prior to cleaning the hammer mills.

Issued

Jan 17, 2018

Penalty

Initial $7,760 · Current $7,760

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)  Marshall Ingredients LLC, on or about 7/26/17:  Employees had not received training on the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting.    *ABATEMENT NOTE:  By this date the employer must either correct the alleged violation or implement a Fire Safety Policy; as outlined in 29 CFR 1910.38(a) and .39(a) which includes the evacuation requirements of 29 CFR 1910.157(b).

Issued

Jan 17, 2018

Abate by

Jan 29, 2018

Penalty

Initial $7,760 · Current $7,760

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is 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)  Marshall Ingredients LLC, on or about 7/26/17:   The employer did not ensure that each powered industrial truck operator received the required training and evaluation.

Issued

Jan 17, 2018

Abate by

Jan 29, 2018

Penalty

Initial $0 · Current $0

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)  Marshall Ingredients LLC, on or about 7/26/17:   The employer did not ensure that each powered industrial truck operator received a performance evaluation at least once every three years.

Issued

Jan 17, 2018

Abate by

Jan 29, 2018

Penalty

Initial $9,054 · Current $9,054

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:   a)  Process Room, Side#1 and Side#2, on or about 8/2/17:  Conveyor used to convey product to the air lock was not provided with pinch point guarding on the underside.  b)  Process Room, Dumper #1, on or about 8/2/17:  The rotating auger used to transfer product from the dumper to the conveyor was not equipped with a guard.

Issued

Jan 17, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.219(e)(1)(i): Horizontal belts which had both runs seven -7 feet or less from the floor level were not guarded with a guard that extended to at least fifteen inches above the belt:  a)  Process Room, Side#1 and Side#2, on or about 7/26/17:  Conveyor used to convey product to the air lock was not provided with guarding at the in-running nip points of the belt and roll at the top.  b)  Process Room, Bagging Area, on or about 8/2/17:  PBC 6000 heat conveyor was not equipped with guarding at the in-running nip points of the belts and rollers.

Issued

Jan 17, 2018

Abate by

Feb 16, 2018

Penalty

Initial $6,467 · Current $6,467

General-duty citation text

29 CFR 1910.307(b): Documentation for areas designated as hazardous (classified) locations under the Class and Zone system and areas designated under the Class and Division system established after August 13, 2007 was not available to those authorized to design, install, inspect, maintain, or operate electric equipment at the location:  a)  Marshall Ingredients, LLC, on or about 8/2/17:   Areas designated as hazardous locations under the Class and Division system, were not documented by the Employer.  Electrical classification drawings of the facility are required to be available to those authorized to design, install, inspect, maintain, or operate electric equipment in hazardous locations.

Issued

Jan 17, 2018

Abate by

Feb 16, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.307(c): 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)  Process Room, on or about 7/26/17:  The process area is a Class II Division 2 hazardous environment.  The electrical disconnects and receptacles used within 10 feet of equipment such as but not limited to:  Rotary Dryers, Hammer Mills, Dust Collectors, and Bagger were not intrinsically safe or approved for Class II, Division 2 hazardous locations.

Issued

Jan 17, 2018

Penalty

Initial $90,535 · Current $90,535

General-duty citation text

29 CFR 1910.22(c): The employer did not provide, and ensure each employee used, a safe means of access and egress to and from walking-working surfaces:   a)  Metal Detector No. 2, on or about 7/19/17:  Employees accessing the work platform by climbing the frame were exposed to falling up to 12 feet 6 inches .  A ladder or other safe means of access was not utilized.

Issued

Jan 17, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.28(b)(1)(i): The employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that was 4 feet (1.2 m) or more above a lower level was protected from falling by one or more of the following:  Guardrail systems, safety net systems, or personal fall arrest systems:   a)  Metal Detector No. 2, on or about 7/19/17:  Employees perform cleaning and testing from an unprotected work platform that exposed them to falling 12 feet 6 inches.   b)  Metal Detector No. 1, on or about 7/26/17:  Employees  performing cleaning and testing have been standing on top of a railing to reach the upper section of the machine.  Employees were exposed to falling 12 feet 9 inches from the top railing.