Safety Incidents OSHA Severe Injury Reports · 2015–2025
5,189,992Inspections Most recent open 2026-07-18 Last loaded 2026-07-22

OSHA Inspection: MARTENS FRESH, LLC

Referral inspection · Health discipline

On , OSHA opened a referral health inspection of MARTENS FRESH, LLC in 1323 TOWPATH ROAD, PORT BYRON, NY 13140 (NAICS 424480). OSHA activity number 344182654.

What this inspection record means

OSHA opens inspections for many reasons — routine scheduling under a national or local emphasis program, an employee complaint or referral, or a follow-up after a reported injury. Opening or conducting an inspection is not itself an allegation or a finding that this employer broke any rule; any findings appear as the citations listed below, and citations can be contested, reduced, or withdrawn.

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Establishment
MARTENS FRESH, LLC
Site address
1323 TOWPATH ROAD
City
PORT BYRON
State
NY
ZIP
13140
Mailing
P.O. BOX 428, PORT BYRON, NY 13140
Inspection type
Referral (C)
Scope
Partial (B)
Discipline
Health
Advance notice
No
Union status
B
Opened
Closing conference
Case closed
Last modified
Data loaded
NAICS code
424480
Employees
100
Ownership type
A

2 citations on file for this inspection.

1910.95 C01

Serious Gravity 5 3 instances 3 exposed
Issued
Aug 20, 2019
Abate by
Sep 23, 2019
Penalty
Initial $5,304 · Current $2,652 Reduced

Hazardous substances 8111

29 CFR 1910.95(c)(1): A continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (n) was not instituted when employee noise exposures equaled or exceeded an 8 hour time-weighted average sound level (TWA) of 85 dBA:   a) Potato Packing Area, on or about 8/1/19: A Line Leader hanging salt potato bags on to the carousel was exposed to continuous noise at a level of 110.1% of the dose of the OSHA permissible exposure limit.  The equivalent dBA for the 110.1% dose is approximately 90.7 dBA calculated as the 8 hour time weighted sound pressure level.  The sampling was conducted on 8/1/19 for 290 minutes. Exposure calculations include a zero increment for the 190 minutes not sampled. Employee was wearing ear plugs.  Employer does not have hearing conservation program implemented.     b) Potato Packing Area, on or about 8/1/19: A Sewer, sewing salt potato bags was exposed to continuous noise at a level of 78.7% of the dose of the OSHA permissible exposure limit.  The equivalent dBA for the 78.7% dose is approximately 88.3 dBA calculated as the 8 hour time weighted sound pressure level.  The sampling was conducted on 8/1/19 for 285 minutes. Exposure calculations include a zero increment for the 195 minutes not sampled. Employee was wearing ear plugs.  Employer does not have hearing conservation program implemented.   c) Potato Packing Area, on or about 8/1/19: A Laborer placing salt bags into salt potato bags was exposed to continuous noise at a level of 66.5% of the dose of the OSHA permissible exposure limit.  The equivalent dBA for the 66.5% dose is approximately 87.1 dBA calculated as the 8 hour time weighted sound pressure level.  The sampling was conducted on 8/1/19 for 289 minutes. Exposure calculations include a zero increment for the 191 minutes not sampled. Employee was wearing ear plugs.   Employer does not have hearing conservation program implemented.   Abatement methodology:  Step 1: An effective hearing conservation program in accordance with 29 CFR 1910.95(c) through (n) shall be maintained. An effective hearing conservation program shall include, at a minimum:   (1)  A baseline audiogram for all employees exposed to noise levels equal to or in excess of the standard. (2)  Annual audiograms for each overexposed employee. (3)  analysis of audiogram results with retesting and/or referral to an otolaryngologist or qualified physician when a significant threshold shift occurs.  A significant shift will be considered to be equal to or greater than an average of 30 dba over the 2000, 3000, and 4000 hertz frequencies. (4)  Where insert ear plugs or custom-molded devices are utilized, individual employee fitting shall be conducted by a trained person, and employees shall be instructed in the care and use of the devices.
Recent events (3)
  • — J (S) $2652
  • — C (S) $5304
  • — Z (S) $5304

1910.95 I02 II A

Serious Gravity 5 3 instances 3 exposed
Issued
Aug 20, 2019
Penalty
Initial $0 · Current $0

Hazardous substances 8111

29 CFR 1910.95(i)(2)(ii)(A): The employer did not ensure that hearing protectors are worn by any employee who is exposed to an 8-hour time-weighted average of 85 decibels or greater and has not yet had a baseline audiogram established pursuant to 29 CFR 1910.95(g)(5)(ii):   a) Potato Packing Area, on or about 8/1/19: A Line Leader hanging salt potato bags on to the carousel was exposed to continuous noise at a level of 110.1% of the dose of the OSHA permissible exposure limit.  The equivalent dBA for the 110.1% dose is approximately 90.7 dBA calculated as the 8 hour time weighted sound pressure level.  The sampling was conducted on 8/1/19 for 290 minutes. Exposure calculations include a zero increment for the 190 minutes not sampled. Employee was wearing ear plugs.  Employee was wearing ear plugs on 8/1/19 however, employee was observed not wearing hearing protection on 7/23/19.     b) Potato Packing Area, on or about 8/1/19: A Sewer, sewing salt potato bags was exposed to continuous noise at a level of 78.7% of the dose of the OSHA permissible exposure limit.  The equivalent dBA for the 78.7% dose is approximately 88.3 dBA calculated as the 8 hour time weighted sound pressure level.  The sampling was conducted on 8/1/19 for 285 minutes. Exposure calculations include a zero increment for the 195 minutes not sampled. Employee was wearing ear plugs.  Employee was wearing ear plugs on 8/1/19 however, employee was observed not wearing hearing protection on 7/23/19.      c) Potato Packing Area, on or about 8/1/19: A Laborer placing salt bags into salt potato bags was exposed to continuous noise at a level of 66.5% of the dose of the OSHA permissible exposure limit.  The equivalent dBA for the 66.5% dose is approximately 87.1 dBA calculated as the 8 hour time weighted sound pressure level.  The sampling was conducted on 8/1/19 for 289 minutes. Exposure calculations include a zero increment for the 191 minutes not sampled. Employee was wearing ear plugs on 8/1/19 however, employee was observed not wearing hearing protection on 7/23/19.
Recent events (3)
  • — J (S) $0
  • — C (S) $0
  • — Z (S) $0

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This record is reproduced from the U.S. Department of Labor Open Data API (OSHA inspection dataset). The original IMIS detail view is available at OSHA's Establishment Search for activity number 344182654.

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