OSHA Inspection: G & J PEPSI-COLA BOTTLERS, INC.

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $9,054 · Current $4,980 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(2): Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:  29 CFR 1910.120(q)(2)(ii): Personnel roles, lines of authority, training, and communication.  On or about August 17, 2017, the employer's emergency response program had not been developed to adequately address the following areas:  a. The emergency response plan did not address all specific personnel roles and complete lines of authority for emergency response related to anhydrous ammonia leaks and failures associated with the ammonia refrigeration system. The plan did not address emergency responders, stand-by responders and an incident commander for all three shifts. Lines of authority did not include specific incident commander(s) designation, or the system for the passing of the incident command position from person to person, as more senior officials arrive on-scene.  b. The emergency response plan did not address provisions for training of emergency responders, stand-by responders, and incident commanders.  c. The emergency response plan did not include the communication between the emergency response team (responders and/or stand-by responders) and the incident commander during response activities.

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(3): Procedures for handling emergency response.  29 CFR 1910.120(q)(3)(vi): Back-up personnel shall be standing by with equipment ready to provide assistance or rescue. Qualified basic life support personnel, as a minimum, shall also be standing by with medical equipment and transportation capability.  On or about August 17, 2017, the employer's emergency response actions did not include adequate personnel for the entry; properly equipped back-up personnel were not provided or involved, as only a maintenance employee and the maintenance manager were part of the response operations in the mechanical area.

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $9,054 · Current $4,980 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(2): Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:  29 CFR 1910.120(q)(2)(iii): Emergency recognition and prevention.  On or about August 17, 2017, the employer's emergency response plan did not define the types of ammonia releases that would require an emergency response. The employer had not included reasonably predictable release scenarios involving anhydrous ammonia, such as refrigeration system compressor failure(s).

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(2): Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:  29 CFR 1910.120(q)(2)(iv): Safe distances and places of refuge.  On or about August 17, 2017, the employer's emergency response plan did not address safe distances and places of refuge in that  the plan did not include shelter-in-place related to the partial evacuation that occurred during the ammonia drop line equipment release. Employees were evacuated temporarily to a lunch room/break room that was not addressed by the plan, or the employer's emergency evacuation plan.

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(2): Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:  29 CFR 1910.120(q)(2)(v): Site security and control.  On or about August 17, 2017, the employer's emergency response plan did not address site security and control for ammonia release emergency response, such as the drop line equipment release event.

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(2): Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:  29 CFR 1910.120(q)(2)(vii): Decontamination.  On or about August 17, 2017, the employer's emergency response plan did not address the set up for decontamination stations, decontamination of personnel or the decontamination of equipment for an ammonia release emergency response, such as the drop line equipment release event. .

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(2): Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:  29 CFR 1910.120(q)(2)(x): Critique of response and follow-up.   On or about August 17, 2017, the company emergency response plan did not include written procedures for the critique of emergency response actions and follow-up for the results of the critique for an ammonia release emergency response, such as the drop line equipment release event. .

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $9,054 · Current $4,980 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(2): Elements of an emergency response plan. The employer shall develop an emergency response plan for emergencies which shall address, as a minimum, the following areas to the extent that they are not addressed in any specific program required in this paragraph:  29 CFR 1910.120(q)(2)(xi): PPE and emergency equipment.  On or about August 17, 2017, the company emergency response plan did not accurately address the types of personal protective equipment and emergency equipment to be used. The company plan included air monitoring equipment that did not exist, failed to address equipment associated with decontamination activities, failed to include instructions on how personal protective and emergency equipment would be used and in what situations responders would use them.

Issued

Dec 11, 2017

Abate by

Apr 2, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q): Emergency response program to hazardous substance releases. This paragraph covers employers whose employees are engaged in emergency response no matter where it occurs except that it does not cover employees engaged in operations specified in paragraphs (a)(1)(i) through (a)(1)(iv) of this section. Those emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to section 303 of the Superfund Amendments and Reauthorization Act of 1986 (Emergency Planning and Community Right-to-Know Act of 1986, 42 U.S.C. 11003) shall be deemed to have met the requirements of this paragraph.  29 CFR 1910.120(q)(3): Procedures for handling emergency response.  29 CFR 1910.120(q)(3)(iv): Employees engaged in emergency response and exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard shall wear positive pressure self-contained breathing apparatus while engaged in emergency response, until such time that the individual in charge of the ICS determines through the use of air monitoring that a decreased level of respiratory protection will not result in hazardous exposures to employees.  On or about August 17, 2017, the employer's emergency response actions did not include responders use of positive pressure self-contained breathing apparatus while engaged in emergency response. A maintenance employee and the maintenance manager were the responders for the drop line equipment ammonia leak response event. Full face air purifying respirators were the respiratory protective equipment provided for use during this event by the company.

Issued

Dec 11, 2017

Abate by

Apr 30, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.120(q)(6): Training. Training shall be based on the duties and function to be performed by each responder of an emergency response organization. The skill and knowledge levels required for all new responders, those hired after the effective date of this standard, shall be conveyed to them through training before they are permitted to take part in actual emergency operations on an incident. Employees who participate, or are expected to participate, in emergency response, shall be given training in accordance with the following paragraphs:  29 CFR 1910.120(q)(6)(iii): Hazardous materials technician. Hazardous materials technicians are individuals who respond to releases or potential releases for the purpose of stopping the release. They assume a more aggressive role than a first responder at the operations level in that they will approach the point of release in order to plug, patch or otherwise stop the release of a hazardous substance. Hazardous materials technicians shall have received at least 24 hours of training equal to the first responder operations level and in addition have competency in the following areas and the employer shall so certify:  29 CFR 1910.120(q)(6)(iii)(B): Know the classification, identification and verification of known and unknown materials by using field survey instruments and equipment.  On or about August 17, 2017, employees intended to perform emergency response duties at the hazardous materials technician level had not received training in the employer's emergency response plan regarding use of instruments and equipment. Designated responders, such as maintenance employees, were required by the emergency response plan to utilize air monitoring equipment for performing field surveys to determine ammonia and oxygen concentration in the release area during emergency response events.