OSHA Inspection: BALLARD FISH AND OYSTER COMPANY, INC.

Issued

Jun 6, 2019

Abate by

Jul 15, 2019

Penalty

Initial $11,934 · Current $6,000 Reduced

General-duty citation text

29 CFR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:  a) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: On or about March 15, 2019, and times prior thereto, a personal flotation device was not required by the employer and was not worn by the employees while performing tasks associated with oyster and clam harvesting from boats and barges over the water, exposing employees to hazards including drowning.  b) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: On or about March 15, 2019, and times prior thereto, the employer did not require use of protective clothing such as waders and/or insulated waders where employees performed tasks associated with oyster and clam harvesting in water and/or cold water, exposing employees to hazards including but not limited to lacerations and hypothermia.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Jun 6, 2019

Abate by

Jul 24, 2019

Penalty

Initial $1,706 · Current $0 Reduced

General-duty citation text

29 CFR 1904.30(a): The employer did not keep a separate OSHA 300 Log for each establishment that was expected to be in operation for one year or longer:  a) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: On or about April 4, 2019, and times prior thereto, the employer did not keep a separate OSHA 300 Log for establishments in operation for at least 4 years in Chincoteague, VA, Willis Wharf, VA and Cheriton, VA.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Jun 6, 2019

Penalty

Initial $1,706 · Current $0 Reduced

General-duty citation text

29 CFR 1904.32(b)(3): The Summary of Work-Related Injuries and Illnesses (OSHA Form 300A or equivalent) was not properly certified:  a) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: On or about April 4, 2019, and times prior thereto, a company executive did not certify the OSHA 300A Summary for 2018.  CORRECTED DURING INSPECTION.

Issued

Jun 6, 2019

Abate by

Jul 24, 2019

Penalty

Initial $1,706 · Current $0 Reduced

General-duty citation text

29 CFR 1904.32(b)(6): The annual summary was not posted no later than February 1 of the year following the year covered by the records, and kept in place until April 30:  a) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: On or about March 15, 2019, and times prior thereto, the employer did not post the 2018 OSHA 300A Summary or equivalent.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Jun 6, 2019

Penalty

Initial $1,706 · Current $0 Reduced

General-duty citation text

29 CFR 1904.40(a): The employer did not provide an authorized government representative copies of requested records kept under Part 1904 within four (4) business hours:   a) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: OSHA 300 Logs and 300A Summary or equivalent forms for calendar years 2015, 2016, 2017, 2018 and 2019 requested on or about March 15, 2019 and again on April 2, 2019, were provided on April 4, 2019. The 300 Log requested for 2014 was not provided.  No abatement certification or documentation required.

Issued

Jun 6, 2019

Abate by

Jul 24, 2019

Penalty

Initial $1,706 · Current $0 Reduced

General-duty citation text

29 CFR 1904.41(a)(2): Annual electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries. The establishment had 20 or more employees but fewer than 250 employees at some time during the previous calendar year, and the establishment was classified in an industry listed in appendix A to subpart E of this part, but did not electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. The employer did not submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form:  a) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: On or about March 15, 2019, and times prior thereto, the employer failed during calendar year 2019 to electronically submit information from the OSHA 300A Summary or equivalent by March 2, 2019. The establishment employed approximately 116 employees and was classified in 112512 NAICS during calendar year 2018.  No abatement certification or documentation required.

Issued

Jun 6, 2019

Abate by

Jul 2, 2019

Penalty

Initial $957 · Current $0 Reduced

General-duty citation text

29 CFR 1910.132(h)(1): Except as provided by paragraphs (h)(2) through (h)(6) of this section, the protective equipment, including personal protective equipment (PPE), used to comply with this part, was not provided by the employer at no cost to employees:  a) Ballard Fish and Oyster Company, 1588 Townfield Dr., Cheriton, VA 23316: On or about March 15, 2019, and times prior thereto, personal protective equipment including (but not limited to) waders and/or insulated waders were not provided at no cost to employees that performed tasks associated with oyster and clam harvesting in water and/or cold water, exposing employees to hazards including but not limited to lacerations and hypothermia.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.