OSHA Inspection: 1-800 FLOWERS RETAIL INC. DBA THE POPCORN FACTORY, INC.

Issued

Mar 29, 2019

Abate by

Apr 24, 2019

Penalty

Initial $72,930 · Current $72,930

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) Chocolate Line- On or about October 17, 2018, the employer failed to utilize machine specific procedures to control the potentially hazardous energy for machines, such as the Tempering Kettles and Hayssen Bagger Machines.  This failure prevented employees from knowing the proper information on how to secure all sources of energy, such as electrical, pneumatic, and thermal steam energy.     In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.    1-800 Flowers Retail Inc. dba The Popcorn Factory, Inc. was previously cited for a violation of an equivalent Occupational Safety and Health Standard 1910.147(c)(4)(i), which was contained in OSHA inspection number 1107572, citation number 1, item number 3 and was affirmed as a final order on May 31, 2016, with respect to a workplace located at 13970 W. Laurel Drive in Lake Forest, Illinois.

Issued

Mar 29, 2019

Abate by

Apr 24, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(d): The established procedure for the application of energy control (the lockout or tagout procedure) was not done in sequence as required by 29 CFR 1910.147(d)(1) through (d)(6):  a) Chocolate Line- On or about October 17, 2018, an employee was exposed to machine hazards associated with moving parts and pinch point hazards during the sanitation of Tempering Kettle #1.  The employer failed to implement energy control application steps as the equipment was not stopped, shutdown or turned off [per the 1910.147(d)(2) requirements].  As a result, the remaining applicable energy control elements, involving isolation of the equipment [(d)(4)(i)] dissipation of residual energy [(d)(5)(i)], and verification of isolation [(d)(6)], were not implemented to protect employees from machine hazards.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.    1-800 Flowers Retail Inc. dba The Popcorn Factory, Inc. was previously cited for a violation of an equivalent Occupational Safety and Health Standard 1910.147(d), which was contained in OSHA inspection number 1107572, citation number 1, item number 6 and was affirmed as a final order on May 31, 2016, with respect to a workplace located at 13970 W. Laurel Drive in Lake Forest, Illinois.

Issued

Mar 29, 2019

Abate by

Apr 24, 2019

Penalty

Initial $52,096 · Current $52,096

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) Chocolate Line- On or about October 17, 2018, the employer did not ensure that all employees that performed sanitation tasks trained as Authorized employees.  These employees performed cleaning and sanitation of equipment where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the manufacturing equipment on the Chocolate Line and Hayssen Bagging Machines.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.    1-800 Flowers Retail Inc. dba The Popcorn Factory, Inc. was previously cited for a violation of an equivalent Occupational Safety and Health Standard 1910.147(c)(7)(i), which was contained in OSHA inspection number 1107572, citation number 1, item number 5 and was affirmed as a final order on May 31, 2016, with respect to a workplace located at 13970 W. Laurel Drive in Lake Forest, Illinois.

Issued

Mar 29, 2019

Penalty

Initial $10,419 · Current $10,419

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) Chocolate Line- On or about October 17, 2018, the employer failed to ensure that hazards created by rotating parts within Tempering Kettle #1 were guarded to prevent injury to employees.  Employees were exposed to the rotating paddles while adding chocolate to the tank after removing the lid when the interlock was not functioning.   b) Chocolate Line- On or about October 17, 2018, the employer failed to ensure that hazards created by rotating parts within Tempering Kettle #1 were guarded to prevent injury to employees.  Employees were exposed to the rotating paddles when removing and reinserting the chocolate transfer pipe.    No abatement certification or documentation is required for this item.

Issued

Mar 29, 2019

Penalty

Initial $5,314 · Current $5,314

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) Hayssen Department- On October 24, 2018, the employer failed to provide permanent wiring for the Vacuum Bag Tester.  An extension cord was used to power the Vacuum Bag Tester.  No abatement certification or documentation is required for this item.