OSHA Inspection: PLEASANT DUTCH DAIRY, LLP

Issued

Jun 9, 2020

Abate by

Aug 6, 2020

Penalty

Initial $5,398 · Current $4,000 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not 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 caught-in-between hazards:     (a)Pleasant Dutch Dairy, LLP at 43220 189th Street, Willow Lake, SD 57278:  On or about and at times prior to December 20, 2019, the employer did not ensure employees were protected from a caught-in-between hazard associated with operating a Caterpillar Skid Steer Loader from outside the machine while the safety devices were bypassed in that, the safety interlocked armrest was in the down position when the operator was outside the cab. On December 20, 2019, an employee operating the Caterpillar Model #246, Serial #CAT 00246E5SZ05922 was killed after being caught-in-between the loader lift arm and the cab of the machine while attempting to mount or access the machine while it was running and the interlocked armrest was in the down position. This condition exposed an employee to caught-in-between hazard resulting in death.        Abatement Note: Among other methods, one feasible and acceptable abatement method to control this hazard is to follow the Caterpillar Operation and Maintenance Manual for Skid Steer Loaders # SEBU7468-07, Safety Section, Safety Messages, page 13, "Mounting and Dismounting," Maintain 3-point contact (2 feet and 12 hand or 1 foot and 2 hands) with steps and handholds. When leaving Loader:    1. Park machine on level ground.  2. Lower work tool to ground.  3. Stop engine and remove ignition key.  4. Raise arm rest and remove seat belt.  5. Park brake is applied automatically.     Failure to follow the instructions or heed the warnings could result in injury or death.

Issued

Jun 9, 2020

Abate by

Aug 6, 2020

Penalty

Initial $3,856 · Current $2,500 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and maintain a written hazard communication program which at least described how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met, and which also included a hazardous chemicals list and methods used to inform employees of the hazards of non-routine tasks:           (a)Pleasant Dutch Dairy, LLP at 43220 189th Street, Willow Lake, SD 57278:  On or about and at times prior to December 20, 2019, the employer did not ensure that a written hazard communication program was develop and implemented, which at least described how the criteria specified for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also included a hazardous chemicals list and methods used to inform employees of the hazards of non-routine tasks, had not been developed for employee exposures, such as but not limited to the following chemicals:    1. Muratic Acid;  2. Formaldehyde;  3. Motor oil;  4. Diesel;  5. Gasoline; and  6. Propane      Abatement Note: The written hazard communication program will also include:      (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,   (2) The methods the employer will use to inform employees of the hazards of non-routine tasks.    (3) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.

Issued

Jun 9, 2020

Abate by

Aug 6, 2020

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)Pleasant Dutch Dairy, LLP at 43220 189th Street, Willow Lake, SD 57278:  On or about and at times prior to December 20, 2019, the employer did not provide effective training on the hazardous chemicals used regularly in their work area. Employees used hazardous chemicals, which includes, but were not limited to:     1. Muriatic acid;   2. Formaldehyde;   3. Motor oil;   4. Diesel fuel;   5. Gasoline;   6. Propane; and   7. Waste oil.     Abatement Note:       (a)        Employees shall be informed of:       (1)       Any operation in their work area where hazardous chemicals are present; and,       (2)       The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.       (b)       Employee training shall include at least:       (1)       Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);       (2)       The physical and health hazards of the chemicals in the work area;       (3)       The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;       (4)       The details of the hazardous communication program developed by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information.

Issued

Jun 9, 2020

Abate by

Jul 6, 2020

Penalty

Initial $1,000 · Current $500 Reduced

General-duty citation text

29 CFR 1904.31(a): The employer failed to record on the OSHA 300 Log the recordable injuries and illnesses of all employees on their payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers:    (a)Pleasant Dutch Dairy, LLP at 43220 189th Street, Willow Lake, SD 57278:  On or about and at times prior to December 20, 2019, the employer did not record injuries and illness of employees on an OSHA 300 log or similar document.