OSHA Inspection: INTERSTATE COMMODITIES, INC.

Issued

2020-02-24 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $10390.00 · Current $10390.00

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer is failing to furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazard of falls, while being elevated on a wooden pallet on the forks of an industrial truck without any means of fall protection.  Interstate Commodities, Inc. - 549 East Country Rd T, Fremont, Nebraska 68025 - On or about September 22, 2019, employee(s) were elevated by and worked from a wooden pallet on the forks of a Gradall JLG material handler to access a side hole in grain bin #5, that was approximately 20 feet above ground level. The employee(s) on the elevated wooden pallet were not protected by any form of fall protection.  Among other methods, feasible and acceptable methods to correct this hazard includes, but are not limited to the following:  i) Implement the requirements as outlined in ASME Standard B56.6-2016 Section 5.15 for rough terrain forklift trucks.  ii) Ensure as required in ASME Standard 56.6-2016 paragraph 5.15.3 that the combined weight of the load and personnel on the personnel work platform does not exceed the capacity shown on the information plate(s) or load capacity chart as specified in paragraph 5.15.2.   iii) Implement the precautions (a) through (i) for using a rough terrain forklift truck to elevate personnel contained in ASME Standard 56.6-2016 paragraph 5.15.4.  iv) Ensure that the occupants of the personnel work platform have been trained in the use of the equipment as required by precautions (a) through (g) as contained in ASME Standard 56.6-2016 paragraph 5.15.6.

Issued

2020-02-24 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $10390.00 · Current $10390.00

Hazardous substances 2080

General-duty citation text

29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness:    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - Employer is failing to designate a qualified program administrator to oversee the company respiratory protection program. The program administrator(s) failed to implement the required elements of a respiratory protection program for employee(s) required to wear a full facepiece respirator during shipping container fumigation monitoring operations. This violation last occurred on or about August 31, 2019.

Issued

2020-02-24 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $10390.00 · Current $0.00 Reduced

Hazardous substances 2080

General-duty citation text

29 CFR 1910.134(d)(3)(iii)(B)(2): The employer did not implement a change schedule for respirators not equipped with an End of Service Life Indicator that would ensure cartridges were changed before the end of their service life:    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - Employer is failing to implement a respirator cartridge change schedule based on exposure data for full facepiece tight-fitting respirator(s) worn during the monitoring and opening of shipping containers treated with phosphine gas. This violation last occurred on or about August 31, 2019.

Issued

2020-02-24 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $10390.00 · Current $0.00 Reduced

Hazardous substances 2080

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide effective training to ensure that each employee could demonstrate knowledge of 1910.134(k)(1)(i) - (vii):    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - The employer is failing to provide effective respiratory protection training before employee(s) use respirator(s) in the workplace including, but not limited to respirator fit, respirator limitations, proper maintenance, and medical signs/symptoms that may limit usage. Employee(s) were required to wear full facepiece tight-fitting cartridge respirator(s) during the monitoring and opening of shipping containers treated with phosphine gas. This violation last occurred on or about August 31, 2019.

Issued

2020-02-24 00:00:00

Abate by

2020-04-09 00:00:00

Penalty

Initial $10390.00 · Current $8953.00 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - Grain Elevator and Container Yard- The employer is failing to ensure the each powered industrial truck operator is competent to operate a powered industrial truck safely. Employees that operate a Mitsubishi propane forklift and a Gradall JLG material handler had not completed the required training and operator evaluations. Powered industrial truck operator certifications were not available upon agency request. This violation was last observed on or about January 20, 2020.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $10390.00 · Current $10390.00

Hazardous substances 053016402080X100

General-duty citation text

29 CFR 1910.272(e)(2): Employees assigned special tasks in the grain handling facility, such as bin entry and handling of flammable or toxic substances, were not provided training to perform these tasks safely:    Interstate Commodities, Inc. - 549 East Country Rd T, Fremont, Nebraska 68025 - The employer is failing to provide adequate training to perform special tasks safely in the following instances:    A) Employee(s) who entered grain bins did not receive proper training in hazards including, but not limited to mechanical, grain engulfment, and atmospheric from poor quality grain. On or about September 22, 2019, an employee in bin #5 suffered fatal injuries from grain engulfment while walking crusted grain. Employee(s) had also entered multiple bins prior to this date.    B) Employee(s) engaged in handling, monitoring, and opening fumigant phosphine gas filled shipping containers had not received adequate training on the flammability, lowest explosive level, and the proper methods to protect themselves with respirators. This hazard last occurred on or about August 31, 2019 and on multiple prior occasions in August 2019.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $10390.00 · Current $10390.00

Hazardous substances 05301640X100

General-duty citation text

29 CFR 1910.272(g)(1)(ii): Prior to entry, all mechanical, electrical, hydraulic, and pneumatic equipment which presented a danger to employees inside grain storage structures in the grain handling facility were not disconnected, locked out and tagged, blocked-off, or otherwise prevented from operating by other equally effective means or methods:    Interstate Commodities, Inc. - 549 East Country Rd T, Fremont, Nebraska 68025 - The employer is failing to ensure that electrical and mechanical equipment inside a grain bin were disconnected, locked out and tagged, and blocked-off before employee entry. On or about September 22, 2019, an employee entered grain bin #5 while equipment, including the tunnel drag, leg #3, and leg #4 were still operating. The employee suffered fatal injuries after being engulfed in the grain.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $10390.00 · Current $10390.00

Hazardous substances 0530X100

General-duty citation text

29 CFR 1910.272(g)(1)(iv): The employer did not prohibit  "walking down grain" and similar practices where the employee walks on grain to make it flow within or out from a grain storage structure, or where an employee is on moving grain:    Interstate Commodities, Inc. - 549 East Country Rd T, Fremont, Nebraska 68025 - The employer is failing to prevent employee(s) from walking down or standing on grain to make it flow from a grain bin. On or about September 22, 2019, an employee entered grain bin #5, stood on the crusted grain, and used a pole in an attempt to make it flow. The employee suffered fatal injuries after being engulfed in the grain.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $10390.00 · Current $0.00 Reduced

Hazardous substances 0530X100

General-duty citation text

29 CFR 1910.272(g)(2): When entering the grain handling facility bins, silos, or tanks from a level at or above the level of stored grain, or walks or stands on stored grain of a depth which poses an engulfment hazard, employee(s) did not wear a body harness with lifeline, or use a boatswain's chair:    Interstate Commodities, Inc. - 549 East Country Rd T, Fremont, Nebraska 68025 - The employer is failing to prevent employee(s) from entering a grain bin above the grain and standing on deep grain without wearing a body harness with a lifeline. On or about September 22, 2019, an employee entered grain bin #5 through a side hole above the grain without a body harness and lifeline. The employee suffered fatal injuries after being engulfed in the grain.

Issued

2020-02-24 00:00:00

Penalty

Initial $7422.00 · Current $5000.00 Reduced

General-duty citation text

29 CFR 1910.305(g)(1)(iv): Flexible cords and/ or cables were used for purposes prohibited by paragraphs (A) through (F) of 29 CFR 1910.305(g)(1)(iv)(a):    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - Scale House in Container Load-out area - Employer is failing to ensure that flexible electrical cords were not used for purposes prohibited by the standard in the following instances:    A) A flexible extension cord was run through the wall mounted air conditioner to power a wall mounted relocatable power tap that powered a refrigerator, a microwave, a water cooler, a radio communication system, and a phone charger in the scale house.    B) A flexible extension cord was attached to conduit, run through water, and used to power phone chargers in the scale house area.    These hazards were last observed on or about September 25, 2019.

Issued

2020-02-24 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $14844.00 · Current $14844.00

Hazardous substances 2080

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - Employer is failing to ensure that employee(s) required to wear full facepiece tight-fitting cartridge respirators during monitoring and opening of shipping containers treated with phosphine gas, had been provided the medical evaluation required by the standard. This violation last occurred on or about August 31, 2019.  Interstate Commodities, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1910.134(e)(1) which was contained in OSHA inspection number 1059871 Citation Number 1, Item Number 1 and was affirmed as a final order on 09/16/15 with respect to the workplace located at 3001 Cornhusker Highway, Lincoln, Nebraska 68504.

Issued

2020-02-24 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $20782.00 · Current $0.00 Reduced

Hazardous substances 2080

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - Employer is failing to ensure that employee(s) required to wear one full facepiece tight-fitting cartridge respirator during monitoring and opening of shipping containers treated with phosphine gas, had been properly fit tested. This violation last occurred on or about August 31, 2019.    Interstate Commodities, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1910.134(f)(1) which was contained in OSHA inspection number 1059871 Citation Number 1, Item Number 2 and was affirmed as a final order on 09/16/15 with respect to the workplace located at 3001 Cornhusker Highway, Lincoln, Nebraska 68504.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $20782.00 · Current $20782.00

Hazardous substances 0530X100

General-duty citation text

29 CFR 1910.272(g)(1)(i): The employer did not issue a permit for entering bins, silos or tanks in the grain handling facility before the employees entered the bins, silos, or tanks:    Interstate Commodities, Inc. - 549 East Country Rd T, Fremont, Nebraska 68025 - The employer is failing to issue bin entry permits during two entries into bin #5 by an employee on or about September 22, 2019. The employee suffered fatal injuries from grain engulfment during the second entry.    Interstate Commodities, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1910.272(g)(1)(i) which was contained in OSHA inspection number 1175615 Citation Number 1, Item Number 1c and was affirmed as a final order on 11/15/16 with respect to the workplace located at 110 East Highway 18, Gregory, South Dakota 57533.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $20782.00 · Current $20782.00

Hazardous substances 0530X100

General-duty citation text

29 CFR 1910.272(g)(1)(iii): The atmosphere within a bin, silo, or tank in the grain handling facility was not tested for the presence of combustible gases, vapors, and toxic agents prior to employee entry:    Interstate Commodities, Inc. - 549 East Country Rd T, Fremont, Nebraska 68025 - The employer is failing to ensure that the atmosphere within grain bin #5, during two entries by an employee on or about September 22, 2019, was tested prior to or during entry. An appropriate atmospheric monitor was not available in the facility. The employee suffered fatal injuries from grain engulfment during the second entry.    Interstate Commodities, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1910.272(g)(1)(iii) which was contained in OSHA inspection number 1175615 Citation Number 1, Item Number 1d and was affirmed as a final order on 11/15/16 with respect to the workplace located at 110 East Highway 18, Gregory, South Dakota 57533.

Issued

2020-02-24 00:00:00

Abate by

2020-03-30 00:00:00

Penalty

Initial $14844.00 · Current $14844.00

Hazardous substances 9135E200

General-duty citation text

29 CFR 1910.272(j)(1): The employer did not develop and implement a written housekeeping program that established the frequency and the method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.  Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - The employer is failing to develop and implement a written housekeeping program to reduce large accumulations of fugitive grain dust throughout the facility including, but not limited to floors and equipment in the basement tunnel area of the facility. A written housekeeping program was not available upon agency request. This grain dust hazard was last observed on or about September 25, 2019.  Interstate Commodities, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1910.272(j)(1) which was contained in OSHA inspection number 1175615 Citation Number 2, Item Number 2 and was affirmed as a final order on 11/15/16 with respect to the workplace located at 110 East Highway 18, Gregory, South Dakota 57533.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $14844.00 · Current $0.00 Reduced

Hazardous substances 9135E200

General-duty citation text

29 CFR 1910.272(m)(3): A certification record maintained of each inspection by the employer in the grain facility was not performed in accordance with 29 CFR 1910.272(m):    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - The employer is failing to maintain a compliant certification record of regularly scheduled inspections of mechanical equipment associated with grain stream processing equipment. Preventive maintenance certification records were not available upon agency request. This violation was last observed on or about October 8, 2019. Employees lubricate equipment, replace motors, change out chains, and periodically patch abrasion wear holes in elevator legs.    Interstate Commodities, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1910.272(m)(3) which was contained in OSHA inspection number 1175615 Citation Number 2, Item Number 3 and was affirmed as a final order on 11/15/16 with respect to the workplace located at 110 East Highway 18, Gregory, South Dakota 57533.

Issued

2020-02-24 00:00:00

Abate by

2020-10-30 00:00:00

Penalty

Initial $20782.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.272(m)(4): The employer did not implement procedures in the grain handling facility for the use of tags and locks which would prevent the inadvertent application of energy or motion to equipment being repaired, serviced, or adjusted, which could result in employee injuries.    Interstate Commodities, Inc. - 549 E. County Road T - Fremont, Nebraska - 68025 - The employer is failing to implement procedures for the use of locks and tags to prevent the accidental start-up of energy or motion for equipment being repaired or serviced. Employee(s) are repairing grain handling equipment without the application of locks and/or tags for equipment including, but not limited to #1 leg and spout from the main pit. This hazard last occurred on or about December 2019.    Interstate Commodities, Inc. was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard 29 CFR 1910.272(m)(4) which was contained in OSHA inspection number 1175615 Citation Number 2, Item Number 4 and was affirmed as a final order on 11/15/16 with respect to the workplace located at 110 East Highway 18, Gregory, South Dakota 57533.