OSHA Inspection: SEEDWAY, LLC

Issued

May 10, 2019

Abate by

Dec 14, 2019

Penalty

Initial $11,934 · Current $7,160 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which was 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 explosions and fire hazards due to deficient design and/or implementation of preventive and/or protective measures in its seed processing system and related equipment, such as the following:     a)  Seedway, LLC, Front Mill, on or about 12/18/18:  Equipment such as an in-floor paddle conveyor, a bucket elevator, and gravity fed distribution legs, are used to convey and fill inside open storage bins with seeds, such as, oats and soybeans.  During the filling process, dust is allowed to escape into the surrounding area due to the lack of a dust collection system.  The dust was sampled, tested and determined to be explosive.  Controls are not in place to prevent ignition sources such as but not limited to static electricity and spark from unapproved electrical equipment.    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 such as: 1) Chapter 4, Section 4.1.2 of NFPA 61, which requires the employer to identify, assess the consequences and manage credible fire, flash fire and explosion hazards associated with their facility;  2)  Chapter 7, Section 7.1.1  NFPA 61, requires the employer to conduct a Dust Hazard Analysis;  3) Chapter 8, Section 8.5 NFPA 61, requires electrical wiring and equipment to comply with NFPA 70; 4) Chapter 8, Section 8.7 of NFPA 61, requires a method be used to prevent the escape of dust from process equipment into the surrounding environment.

Issued

May 10, 2019

Abate by

Jun 30, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(e)(1)(ii): Current employees and new employees prior to starting work in the grain handling facility were not trained in the specific procedures and safety practices applicable to their job tasks including but not limited to cleaning procedures for grinding equipment, clearing procedures for choked legs, housekeeping procedures, hot work procedures, preventive maintenance procedures and lock out tag out procedures.    a)  Seedway, LLC, on or about 12/8/19:  In the Mill, employees were not properly trained in the specific procedures and safety practices applicable to their job tasks, including but not limited to, the cleaning of equipment and surfaces containing combustible dusts.   Employees have been using compressed air and an unapproved vacuum to remove combustible dusts from surfaces throughout the Mill.

Issued

May 10, 2019

Abate by

Jun 30, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(j)(3): Compressed air was used to blow dust from ledges, walls, and other areas in grain handling facilities when machinery presenting an ignition source was not shut down, and/or when all other known potential ignition sources in the area are removed and controlled:         a)  Seedway, LLC, on or about 12/8/19:  Employees are using compressed air to remove fugitive dusts from surfaces in the Mill when machinery presenting an ignition source were not shut down.

Issued

May 10, 2019

Abate by

Jul 30, 2019

Penalty

Initial $0 · Current $0

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)  Packaging Area, on or about 2/28/19:  A Shop-Vac vacuum, Model SC16-SQ650, was used to collect fugitive dusts that were generated during seed packaging operations.  The fugitive dust was determined to be explosive material and the vacuum being used to collect the dust is not approved for that use.     b)  Front Mill Area, on or about 2/28/19:   Fugitive dust generated during storage bin filling and cleaning operations was lab tested and determined to be explosive material.  Electrical equipment such as but not limited to, outlet boxes, switches and a vacuum being used in this area were not approved for use in a Class II hazardous location.

Issued

Apr 22, 2019

Abate by

Jul 30, 2019

Penalty

Initial $11,934 · Current $7,160 Reduced

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)  Packaging Area, on or about 11/14/18:  Fall protection was not provided for employees who were stepping from the unprotected edge of the mezzanine to the bagging bin.  Employee was exposed to an approximate 9 foot fall hazard.    b)  Packaging Area, on or about 11/14/18:  Employees working from the mezzanine were exposed to an 8 foot 10 inch fall hazard due to the lack of a guardrail system around the unprotected sides and end.    c)  Front Mill, on or about 10/31/18:  Fall protection was not provided for employees who were climbing onto the Tunco mill for cleaning purposes.  Employees exposed to a 10 foot fall hazard.    d)  Outside Storage Bins, on or about 11/09/18:  Fall protection was not provided for employees who climb from a fixed ladder to the top of the storage bin to open the hatch for loading and unloading purposes.  Employees exposed to an approximate 18 foot fall hazard.    e)  Back Mill, on or about 10/24/18:  Work platforms above the seed cleaner and around spirals were not equipped with a guardrail system that incorporated mid-rails.  Employees exposed to 24 foot fall hazard.    f)  Back Mill, on or about 10/24/18:  Work platform used to access the dirt bin and first clean bin was not equipped with a guardrail system that incorporated mid-rails.  Employees exposed to 24 foot fall hazard.    g)  Palletizer, on or about 10/23/18:  Work platform used by employees to load seed bags onto the palletizer was not equipped with a guardrail system that incorporated mid-rails.  Employees exposed to 5 foot fall hazard.

Issued

Apr 22, 2019

Abate by

May 15, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.28(b)(3)(iv): The employer did not ensure each employee was protected from falling into a ladderway floor hole or ladderway platform hole by a guardrail system and toeboards erected on all exposed sides, except at the entrance to the hole, where a self-closing gate or an offset must be used.  a)  Lower Warehouse, Packaging Area, on or about 10/23/18:  The employer did not provide fall protection for employees who are exposed to falling into a ladderway floor hole when working on the second and third floor levels.

Issued

Apr 22, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.28(b)(11)(ii): Each flight of stairs having at least 3 treads and at least 4 risers was not equipped with stair rail systems and handrails as required in Table D-2 of this standard:     a)  Front Mill, on or about 11/14/18:  Stair unit having 17 risers and less than 44 inches wide was not equipped with a stair rail system on each open side.

Issued

Apr 22, 2019

Abate by

May 10, 2019

Penalty

Initial $6,819 · Current $4,091 Reduced

General-duty citation text

29 CFR 1910.133(a)(3): The employer did not ensure that each affected employee who wore prescription lenses while engaged in operations that involve eye hazards wore eye protection that incorporates the prescription in its design, or wore eye protection that can be worn over the prescription lenses without disturbing the proper position of the prescription lenses or the protective lenses:    a)  Seedway, LLC, on or about 11/14/18:  The employer did not ensure that each employee who wore prescription lenses while engaged in operations that involved eye hazards, wore eye protection with side shields that incorporated the prescription in its design, or wore eye protection that could be worn over their prescription lenses.

Issued

Apr 22, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.242(b): Compressed air used for cleaning purposes was not reduced to less than 30 p.s.i.:  a)  Lower  Warehouse, Palletizer Area, on or about 10/23/18:  Compressed air nozzle used for cleaning purposes was delivering air pressure greater than 100 p.s.i..

Issued

Apr 22, 2019

Abate by

May 28, 2019

Penalty

Initial $10,229 · Current $6,137 Reduced

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)  Seedway, LLC, on or about 2/27/19:  The employer did not ensure that each powered industrial truck operator received training and evaluation as specified in paragraph (l).

Issued

Apr 22, 2019

Abate by

May 6, 2019

Penalty

Initial $10,229 · Current $6,137 Reduced

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)  Lower Warehouse, on or about 10/23/18:  The Bag Printer was not equipped with guarding to prevent the operator from contacting the rotating shafts.     b)  Packaging Areas, on or about 11/14/19:  The packaging conveyor belt was not equipped with guarding over the in-running nip points where the belt and roller meet.

Issued

Apr 22, 2019

Abate by

May 6, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.212(a)(3)(ii): Point(s) of operation of machinery were not guarded to prevent employee(s) from having any part of their body in the danger zone(s) during operating cycle(s):  a)  Lower Warehouse, on or about 10/23/18:  Bag printer was not provided with guarding to protect the operator from point of operation hazards while hand feeding bags into the print rollers.

Issued

Apr 22, 2019

Abate by

Apr 30, 2019

Penalty

Initial $5,115 · Current $3,069 Reduced

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:    a)  Bag Printing Area, on or about 11/14/19:  A relocatable power tap (RPT) was used as a substitute for the fixed wiring of a mixing drum and sewing machine.