OSHA Inspection: MITCHELL BROTHERS ICE CREAM

Issued

Apr 12, 2019

Abate by

May 8, 2019

Penalty

Initial $5,683 · Current $2,842 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:    On or about March 14, 2019, the employer failed to provide employees with protective eye-ware for when they work with caustic chemicals. Employees regularly use bleach to clean. Employees mix concentrated bleach with water; the bleach has a pH of 12.75.

Issued

Apr 12, 2019

Abate by

May 8, 2019

Penalty

Initial $5,683 · Current $2,842 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:    On or about March 14, 2019, the employer failed to develop, implement, and maintain a written workplace hazard communication program that describes how container labeling and employee training will be met. Employees routinely work with hazardous chemicals, including but not limited to, bleach with a pH of 12.75.

Issued

Apr 12, 2019

Abate by

May 8, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  On or about March 14, 2019, the employer failed to ensure that each container of hazardous chemicals was properly labeled.

Issued

Apr 12, 2019

Abate by

May 8, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.157(g)(2): The educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting was not provided to all employees upon initial employment, and at least annually thereafter:  On or about March 14, 2019, the employer failed to provide portable fire extinguisher training.   Note the employer may exercise one of the following options:   1. Provide portable fire extinguishers as specified in 29 CFR 1910.157(c)(1), meet the distribution requirements per 29 CFR 1910.157(d) (75 to the nearest extinguisher for Class A fires and 50 to the nearest unit for Class B fires), and provide training and education for all employees in the use of such equipment and the hazards associated with incipient stage fire fighting as specified in 29 CFR 1910.157(g).  The other sections of 29 CFR also apply.   2. Provide extinguishers as specified in 29 CFR 1910.157(c)(1), designate certain employees to be the only employees authorized to use such equipment and require all other employees to immediately evacuate upon the sound of the fire alarm, establish this in writing in an emergency action plan as outlined in 29 CFR 1910.38(a) and train/educate designated employees per 1910.157(g).  Utilizing this option exempts the employer from distribution requirements of 29 CFR 1910.157(d).   3. Establish a written fire safety policy which requires the immediate and total evacuation of employees from the workplace upon the sounding of a fire alarm signal.  This policy shall include an emergency action plan and a fire prevention plan as specified in 29 CFR 1910.38(a) and 29 CFR 1910.39(a).  Utilizing this option exempts the employer from the requirements of 29 CFR 1910.157 to include the need for providing portable fire equipment unless a specific standard requires that a portable fire extinguisher be provided (such as those requirements in 29 CFR 1910.106/107 related to the use/storage of flammable/combustible liquids).  If extinguishers are provided, but not intended for employee use, 29 CFR 1910.157(e) and (f) are still applicable (inspection, maintenance, and testing of equipment).