OSHA Inspection: DOMINICK'S SEAFOOD, INC.

Issued

Jun 18, 2019

Abate by

Aug 23, 2019

Penalty

Initial $9,282 · Current $6,000 Reduced

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (o) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent:    a) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF - North area to noise at levels of 91.2% (equivalent to an 8 hour time weighted average TWA of 89.3 dBA) which is 1.8 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 346 minutes sampling period.  The employer did not administer a continuing, effective hearing conservation program.      b) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF-South area to noise at levels of 67.1% (equivalent to an 8 hour time weighted average TWA of 87.1 dBA) which is 1.3 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 395 minutes sampling period.  The employer did not administer a continuing, effective hearing conservation program.    c) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF - North area to noise at levels of 72.0% (equivalent to an 8 hour time weighted average TWA of 87.6 dBA) which is 1.4 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 352 minutes sampling period.  The employer did not administer a continuing, effective hearing conservation program.

Issued

Jun 18, 2019

Abate by

Aug 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF - North area to noise at levels of 91.2% (equivalent to an 8 hour time weighted average TWA of 89.3 dBA) which is 1.8 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 346 minutes sampling period.  The employer did not make audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels.  b) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF-South area to noise at levels of 67.1% (equivalent to an 8 hour time weighted average TWA of 87.1 dBA) which is 1.3 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 395 minutes sampling period.  The employer did not make audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels.  c) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF - North area to noise at levels of 72.0% (equivalent to an 8 hour time weighted average TWA of 87.6 dBA) which is 1.4 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 352 minutes sampling period.  The employer did not make audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels.

Issued

Jun 18, 2019

Abate by

Aug 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR 1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:  a) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF - North area to noise at levels of 91.2% (equivalent to an 8 hour time weighted average TWA of 89.3 dBA) which is 1.8 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 346 minutes sampling period.  The employer did not administer a continuing, effective hearing conservation program.    b) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF-South area to noise at levels of 67.1% (equivalent to an 8 hour time weighted average TWA of 87.1 dBA) which is 1.3 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 395 minutes sampling period.  The employer did not administer a continuing, effective hearing conservation program.  c) Processor; on or about April 30, 2019 and at times prior the employer exposed the employees operating in the IQF - North area to noise at levels of 72.0% (equivalent to an 8 hour time weighted average TWA of 87.6 dBA) which is 1.4 times the action level of 50% (equivalent to an 8 hour TWA of 85dBA).  Results were calculated for a 352 minutes sampling period.  The employer did not administer a continuing, effective hearing conservation program.

Issued

Jun 18, 2019

Abate by

Aug 23, 2019

Penalty

Initial $9,282 · Current $6,000 Reduced

Hazardous substances 0530

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of Carbon dioxide listed in Table Z-1 in excess of the 8 hour Time Weighted Average concentration of 5000 ppm:  a) IQF area; on April 23, 2019 and times prior, the employer exposed an employee to Carbon dioxide at an 8 hour calculated Time Weighted Average (TWA) of  17944.3 ppm (parts per million) which is 3.6 times the calculated 8 hour time weighted average PEL of 5000 ppm of air while bagging and packaging shrimp. Results were calculated for a 284 minutes sampling period with a zero concentration assumption for the remaining 196 minutes.  b) IQF area; on April 23, 2019 and times prior, the employer exposed an employee to Carbon dioxide at an 8 hour calculated Time Weighted Average (TWA) of  15650.6 ppm (parts per million) which is 3.1 times the calculated 8 hour time weighted average PEL of 5000 ppm of air while bagging and packaging shrimp. Results were calculated for a 323 minutes sampling period with a zero concentration assumption for the remaining 157 minutes.

Issued

Jun 18, 2019

Abate by

Aug 23, 2019

Penalty

Initial $0 · Current $0

Hazardous substances 0530

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):  a) IQF area; on April 23, 2019 and times prior, the employer exposed an employee to Carbon dioxide at an 8 hour calculated Time Weighted Average (TWA) of  17944.3 ppm (parts per million) which is 3.6 times the calculated 8 hour time weighted average PEL of 5000 ppm of air while bagging and packaging shrimp. Results were calculated for a 284 minutes sampling period with a zero concentration assumption for the remaining 196 minutes.  The employer failed to implement administrative or engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000 (a).  b) IQF area; on April 23, 2019 and times prior, the employer exposed an employee to Carbon dioxide at an 8 hour calculated Time Weighted Average (TWA) of  15650.6 ppm (parts per million) which is 3.1 times the calculated 8 hour time weighted average PEL of 5000 ppm of air while bagging and packaging shrimp. Results were calculated for a 323 minutes sampling period with a zero concentration assumption for the remaining 157 minutes.  The employer failed to implement administrative or engineering controls to achieve compliance with the limits prescribed in 29 CFR 1910.1000 (a).

Issued

Jun 18, 2019

Abate by

Jun 26, 2019

Penalty

Initial $7,956 · Current $4,000 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:  a) Facility; on or about April 23, 2019 and times prior the employer exposed employees to chemical hazards in that he did not provide a written Hazardous Communication Program in order to protect employees from hazardous materials such as, but not limited to, carbon dioxide, food sanitizers, and cleaners.

Issued

Jun 18, 2019

Abate by

Jun 26, 2019

Penalty

Initial $0 · Current $0

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) Facility; on or about April 23, 2019 and times prior the employer exposed employees to chemical hazards in that he did not provide  training as part of a written Hazardous Communication Program in order to protect employees from hazardous materials such as, but not limited to, carbon dioxide, food sanitizers, and cleaners.

Issued

Jun 18, 2019

Abate by

Jun 26, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use  a) Facility; on or about April 23, 2019 and times prior the employer exposed employees to chemical hazards in that he did not provide Safety Data Sheets (SDS) for all the chemicals on site in order to protect employees from hazardous materials such as, but not limited to, carbon dioxide, food sanitizers, and cleaners.

Issued

Jun 18, 2019

Abate by

Jun 24, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2): The employer did not verify, through a written certification, that the required workplace hazard assessment had been performed:  a) Facility; on April 23, 2019 and times prior the employer failed to document a hazard assessment of the site.

Issued

Jun 18, 2019

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) Dock side of loading dock area; on April 23, 2019 the employer allowed pallets of product boxes to block the designated exit leading to the outside onto the bayou dock area.