OSHA Inspection: MIDWEST AMMUNITION, LLC

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $13,260 · Current $10,621 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.22(a)(1):  All places of employment, passageways, storerooms, service rooms, and walking-working surfaces were not kept in a clean, orderly, and sanitary condition.   (a)  On or about July 22, 2019, the sorting department was not clean, orderly or in a sanitary condition, in that waste gun powder was located under the trommel/tumbler when two maintenance employees attempted to install a guard on the trommel by drilling bolt holes through layers of steel with a DeWalt DCF885 Type V 1/4" cordless impact driver that generated sparks, which ignited the waste gun powder under the trommel and caused a fire/explosion that resulted in a fatality and serious injury to another employee.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $13,260 · Current $10,621 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.38(b): Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review.  However, an employer with 10 or fewer employees may communicate the plan orally to employees.  (a)  On or about July 22, 2019, the employer did not develop and implement a written emergency action plan for employees who worked in the small arms ammunition manufacturing facility that contained procedures for reporting a fire or other emergency; procedures for emergency evacuation, including type of evacuation and exit route assignments; procedures to be followed by employees who remain to operate critical plant operations before they evacuate; procedures to account for all employees after evacuation; procedures to be followed by employees performing rescue or medical duties; and the name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(n): Emergency planning and response. The employer shall establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q).  On or about July 22, 2019, the employer did not establish and implement a written emergency action plan for the entire plant that addressed the following:   (a)  Written procedures: for reporting a fire or other emergency; for emergency evacuation, including type of evacuation and exit route assignments; to be followed by employees who remain to operate critical plant operations before they evacuate;  to account for all employees after evacuation; to be followed by employees performing rescue or medical duties; and the name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan.      (b)  Employee alarm system: An employer must have and maintain an employee alarm system that uses a distinctive signal for each purpose and complies with the requirements in � 1910.165.     (c)  Training: An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.     (d)  Review of emergency action plan:  An employer must review the emergency action plan with each employee covered by the plan  when the plan is developed or the employee is assigned initially to a job; when the employee's responsibilities under the plan change; and when the plan is changed.  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, or written records.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $9,282 · Current $7,435 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.106(e)(6)(i):  Adequate precautions shall be taken to prevent the ignition of flammable vapors. Sources of ignition include but are not limited to open flames; lightning; smoking; cutting and welding; hot surfaces; frictional heat; static, electrical, and mechanical sparks; spontaneous ignition, including heat-producing chemical reactions; and radiant heat.  (a)  On or about September 7, 2019, the employer did not take adequate precautions to prevent the ignition of flammable vapors in the production of small arms ammunition, such as but not limited to; vapors produced by the Hornady One Shot Case Lube spray, which contained n-hexane and was labeled extremely flammable.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $13,260 · Current $10,621 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.109(j)(2)(ii): Small arms ammunition shall be separated from flammable liquids, flammable solids as classified in 49 CFR part 172, and from oxidizing materials, by a fire-resistive wall of 1-hour rating or by a distance of 25 feet.  (a)  The distance from the rear corner of the paint booth to the area where the Hornady One Shot Case Lube was used was 12 feet.  No fire resistive walls were located between departments or areas of the building and the separation distance was less than 25 feet.  The building was not classified for use as a magazine.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.109(j)(4)(iii): Small arms ammunition primers shall be separated from flammable liquids, flammable solids as classified in 49 CFR part 172, and oxidizing materials by a fire-resistive wall of 1-hour rating or by a distance of 25 feet.  (a)  The distance from the rear corner of the paint booth to the process start where the Hornady One Shot Case Lube was used was 12 feet.  No fire resistive walls were located between departments or areas of the building and the separation distance was less than 25 feet.  The building was not classified for use as a magazine.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $13,260 · Current $10,621 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.109(j)(3)(v): Quantities in excess of 750 pounds shall be stored in magazines in accordance with paragraph (c) of this section.  (a)  On July 22, 2019, the employer had 1646 pounds of small arms ammunition powder stored on site, in a building that was not intended for the storage of explosives.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.109(j)(4)(v): Quantities of small arms ammunition primers in excess of 750,000 shall be stored in magazines in accordance with paragraph (c) of this section.  (a)  On July 22, 2019, the employer had 1,071,400 primers stored on site, in a building that was not intended for the storage of explosives.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $13,260 · Current $10,621 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(d):  Process safety information.  In accordance with the schedule set forth in paragraph (e)(1) of this section, the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard.  The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.  (a)  On or about July 22, 2019, the employer did not compile written process safety information pertaining to the hazards of manufacturing small arms ammunition, such as but not limited to a block flow diagram, electrical schematics for the building, and information regarding the use of magazines for storage of gun powder and primers.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(e)(1): The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process.   (a)  On or about July 22, 2019, the employer did not perform an adequate process hazard analysis to identify, evaluate, and control the hazards involved in the process of manufacturing small arms ammunition.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(f)(1): Operating procedures.  The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements:  (i) steps for each operating phase, (ii) operating limits, (iii)safety and health considerations and (iv) safety systems and their functions  (a)  On or about July 22, 2019, the employer did not develop and implement written operating procedures for employees who manufactured small arms ammunition, which included steps for each operating phase, operating limits, safety and health considerations, and safety systems and their functions.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(g)(1)(i): Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.  (a)  On or about July 22, 2019, employees were not trained in an overview of the process and were not trained on operating procedures for the manufacture of small arms ammunition.  The training employees received was all verbal and only included loading procedures.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(j)(2): Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment.  (a)  On or about July 22, 2019, the employer did not have written procedures covering repairs/additions to any equipment, such as but not limited to the trommel, Camdex roll sizers, sorters, processors and loaders.       (b)  Written procedures did not include inspection and testing procedures that follow recognized and generally accepted good engineering practices.  (c)  Written procedures did not did not include procedures for correcting deficiencies in equipment that were outside acceptable limits.   (d)  Written procedures did not address quality assurance procedures to ensure that equipment was installed properly and consistent with design specifications and the manufacturer's instructions; and to assure that maintenance materials, spare parts and equipment were suitable for the process application for which they will be used.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(j)(3): Training for process maintenance activities. The employer shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner.  (a)  On or about July 22, 2019, the employer did not train maintenance employees who used a DeWalt DCF885 Type V 1/4" cordless impact driver (not intrinsically safe) to drill holes in metal on the trommel, which generated sparks that ignited the waste gun powder under the trommel and caused a fire/explosion.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(l)(1): The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process.  On or about July 22, 2019, the employer did not establish procedures to address the following considerations prior to implementing any change: (a)  The technical basis for the proposed change; (b)  Impact of change on safety and health; (c)  Modifications to operating procedures; (d)  Necessary time period for the change; and,  (e)  Authorization requirements for the proposed change.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.119(m)(1): The employer shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace.  (a)  The employer did not conduct an incident investigation following the July 22, 2019 fire/explosion in the paint booth that resulted in one fatality and severe injury to another employee, while the two employees were attempting to install a guard on the trommel.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $13,260 · Current $10,621 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.157(g)(1): Where the employer has provided portable fire extinguishers for employee use in the workplace, the employer shall also provide an educational program to familiarize employees with the general principles of fire extinguisher use and the hazards involved with incipient stage fire fighting.  (a)  During the July 22, 2019 fire/explosion it was reported that at least three employees had attempted to respond to the fire/explosion in the trommel in the paint booth, although they were not provided with appropriate training on the use of fire extinguishers, nor designated to respond as part of the emergency action plan.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $9,282 · Current $7,435 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.303(b)(8)(i): Electric equipment shall be firmly secured to the surface on which it is mounted.  (a)  The four plug outlet and light switch located between the restrooms and the paint booth were not secured to the wall, in that both were resting on a piece of two by four that was attached to the some metal siding that was up against the cinder block outer wall of the building and these were in use during and after the July 22, 2019 fire in the paint booth.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.305(g)(2)(iii): Flexible cords and cables were not connected to devices and fittings so that strain relief was provided that will prevent pull from being directly transmitted to joints or terminal screws.  (a)  On or about July 22, 2019, the conduit covering the wiring of the four plug outlet and light switch located between the restrooms and the paint booth was not secured to the wall and  was not tightened to provide strain relief, in that there was a visible gap between the conduit and the box where the wires were in plain sight.

Issued

Jan 15, 2020

Penalty

Initial $9,282 · Current $7,435 Reduced

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.334(a)(1): Handling. Portable equipment shall be handled in a manner which will not cause damage. Flexible electric cords connected to equipment may not be used for raising or lowering the equipment. Flexible cords may not be fastened with staples or otherwise hung in such a fashion as could damage the outer jacket or insulation.  (a)  On or about October 15, 2019, a yellow flexible (extension) cord was run from the unsecured outlet to an overhead beam, looped over the beam and looped around a conduit running from the ceiling down the wall and plugged into a surge protector strip that was giving power to some roll sorter machines.  There was nothing between the metal beam and the cord, or the conduit and the cord to protect the cord from friction and prevent damage to the cord.

Issued

Jan 15, 2020

Abate by

Mar 4, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 07300926099010401380

General-duty citation text

29 CFR 1910.334(a)(2)(ii): If there is a defect or evidence of damage that might expose an employee to injury, the defective or damaged item shall be removed from service, and no employee may use it until repairs and tests necessary to render the equipment safe have been made.  (a)  On or about October 15, 2019, the cord for the roll sorter that had damaged insulation just below the plug where the wires were exposed and was plugged into the hopper, was connected to power from the unsecured outlet by a daisy chain.