OSHA Inspection: BATTISTA FARMS, LLC

Issued

Aug 3, 2018

Abate by

Sep 20, 2018

Penalty

Initial $9,239 · Current $7,000 Reduced

General-duty citation text

29 CFR 1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:    a) At the shop located at 19490 S. Tamiami Trail, Fort Myers, FL, for employees authorized to do service, repair and/or maintenance of equipment such as but not limited to the CASE 586G Forklift (PIN: JJG0292983), on or about 2/8/2018.

Issued

Aug 3, 2018

Penalty

Initial $3,880 · Current $1,900 Reduced

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)  On or about 2/8/2018, for employees at the establishment located at 19490 S. Tamiami Trail, Fort Myers, FL, who operated powered industrial trucks such as but not limited to:      1. American Eagle - AE5112.01, S/N: 5138A / 410      2. American Eagle - AE5112.01, S/N: 5132A / 411      3. American Eagle - AE5122.01, S/N: 5135A / 412      4. American Eagle - AE5122.01, S/N: 5136A / 413      5. Case - 586H, S/N: NGC738106 / 414      6. Case - 586G, S/N: JJG0292983 / 415      7. Case - 586G, S/N: JJG0294214 / 416

Issued

Aug 3, 2018

Penalty

Initial $5,174 · Current $2,600 Reduced

General-duty citation text

29 CFR 1910.215(a)(4): Work rest(s) on grinding machinery were not adjusted closely to the wheel with a maximum opening of one eighth inch:    a) At the shop located at 19490 S. Tamiami Trail, Fort Myers, FL, for the 6 inch Ironton Bench Grinder used by the employees to grind machetes and other tools, in that, the work rest was 1.25 inches from the wheel, on or about 2/8/2018.

Issued

Aug 3, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.215(b)(9): The distance between the abrasive wheel periphery(s) and the adjustable tongue or the end of the safety guard peripheral member at the top exceeded one fourth inch:   a) At the shop located at 19490 S. Tamiami Trail, Fort Myers, FL, for the 6 inch Ironton Bench Grinder used by the employees to grind machetes and other tools, in that, the tongue guard was 1.125 inches from the abrasive wheel periphery, on or about 2/8/2018.

Issued

Aug 3, 2018

Penalty

Initial $5,174 · Current $2,600 Reduced

Hazardous substances 007002400530X100

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):    a)  At the shop located at 19490 S. Tamiami Trail, Fort Myers, FL, for employees handling chemicals such as but not limited to compressed gases (Oxygen, Acetylene and Carbon Dioxide 25% / Argon 75%), on or about 2/8/2018.

Issued

Aug 3, 2018

Penalty

Initial $0 · Current $0

Hazardous substances 007002400530X100

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a)  At the shop located at 19490 S. Tamiami Trail, Fort Myers, FL, for employees handling chemicals such as but not limited to compressed gases (Oxygen, Acetylene and Carbon Dioxide 25% / Argon 75%), on or about 2/8/2018.

Issued

Aug 3, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.37(a)(3): Exit route(s) were not kept free and unobstructed:  a) At the south-east side of the shop located at 19490 S. Tamiami Trail, Fort Myers, FL, on or about 2/8/2018, the exit route was obstructed by multiple objects that included, but not limited to, tires and equipment.

Issued

Aug 3, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.303(g)(1): Sufficient access and working space was not provided and maintained about all electric equipment (operating at 600 volts, nominal, or less to ground) to permit ready and safe operation and maintenance of such equipment:  a) At the southwest side of the shop located at 19490 S. Tamiami Trail, Fort Myers, FL, access and working space for electrical panels was obstructed by air compressor, on or about 2/8/2018.