OSHA Inspection: GERMAN PELLETS OF TEXAS

Issued

Apr 17, 2018

Abate by

May 15, 2019

Penalty

Initial $4,268 · Current $2,774 Reduced

Hazardous substances W103

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, Silo 3: On or about October 19, 2017 the employer did not reasonably estimate employee exposure to wood dust, a particle not otherwise classified (PNOC), PEL 15 mg/m3 total dust, 5 mg/m3 respirable dust, exposing employees to a respiratory hazard.      b) At the facility, Silo 3: On or about October 20, 2017 the employer did not reasonably estimate employee exposure to wood dust, a particle not otherwise classified (PNOC), PEL 15 mg/m3 total dust, 5 mg/m3 respirable dust, exposing employees to a respiratory hazard.

Issued

Apr 17, 2018

Abate by

May 15, 2019

Penalty

Initial $85,362 · Current $55,485 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 not designed for use in an environment normally expected to contain airborne combustible dust:      a) At the facility, in Silo #3, on or about October 20, 2017, an employee used internal combustion equipment not rated for use in atmospheres normally expected to contain airborne combustible wood dust, exposing the employee to fire and explosion hazards.  As of October 20, 2017, the wood pellets within Silo #3 had become stuck together in large masses.  Respondent represents that this was the result of firefighting response activities directed by court order requiring removal of the pellets, including liquid nitrogen and saltwater infiltration.  In the course of operating equipment outside the silo (using bucket, arm, and loader to reach into the silo without entering it), employees faced mounting difficulties in extracting pellets, and maneuvered equipment into the silo to extract pellets before immediately exiting the silo.

Issued

Apr 17, 2018

Abate by

May 15, 2019

Penalty

Initial $2,846 · Current $0 Reduced

Hazardous substances W103

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 3: On or about October 19, 2017 the employer did not provide a medical evaluation to determine ability to use a negative pressure filtering face piece (dust mask) respirator before employees were required to use them.     b) a) At the facility, Silo 3: On or about October 20, 2017 the employer did not provide a medical evaluation to determine ability to use a negative pressure filtering face piece (dust mask) respirator before employees were required to use them.     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.