OSHA Inspection: FERRARA CANDY COMPANY

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $10,603 · Current $7,433 Reduced

General-duty citation text

29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:  The employer does not ensure that employees are protected from machine related hazards through methods of machine guarding.  This violation was most recently documented at the address located above, as follows:  a) Kitchen 5 - On or about January 10, 2020, the employer failed to ensure that hazards created by the pinch points and shear action created by the rotating blades of the Westinghouse Rotary Valve, Model AL-150-2, on the Sugar Silo, were guarded to prevent injury to employees while adjusting the flexible sock and checking for sugar flow.   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 of abatement, or other written records.

Issued

Jul 6, 2020

Penalty

Initial $13,494 · Current $9,460 Reduced

General-duty citation text

29 CFR 1910.332(b)(1): Employees were not trained in and familiar with the safety-related work practices required by 1910.331 through 1910.335 that pertained to their respective job assignments:  a) Production Area - On or about January 28, 2020, the employer failed to train the employees working on energized electrical equipment on the safe work practices involved with protecting them from injury during tasks involving live electrical work within equipment, such as the MCC Panels in Kitchen 5 and on Mogul 7.    b) Production Area - On or about January 9, 2020, employees performing work on energized circuits were not trained in a language they understood, on the safe work practices involved with protecting them from injury during tasks involving live electrical work within equipment, such as the MCC Panels in Kitchen 5 and on Mogul 7.  No abatement certification or documentation is required for this item.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.333(c)(2): The employer did not ensure that qualified persons were capable of working safely on energized circuits and were familiar with the proper use of special precautionary techniques, personal protective equipment, insulating and shielding materials, and insulated tools.  a) Kitchen 5 - On or about January 9, 2020, the employer failed to ensure the employees working on energized electrical equipment were familiar with the proper use of precautionary techniques, personal protective equipment, and insulated tools when accessing energized circuits within the MCC Panels.    b) Production Area - On or about January 28, 2020, the employer failed to ensure the employees working on energized electrical equipment were familiar with the proper use of precautionary techniques, personal protective equipment, and insulated tools when accessing energized circuits within the MCC Panels on Mogul 7.         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 of abatement, or other written records.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $13,494 · Current $9,460 Reduced

General-duty citation text

29 CFR 1910.335(a)(1)(ii): Protective equipment was not maintained in a safe and reliable condition:  a) Production Area - On or about January 10, 2020, the employer failed to ensure that employees performing live electrical work donned gloves that were maintained in a safe and reliable condition.  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 of abatement, or other written records.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $13,494 · Current $9,460 Reduced

General-duty citation text

29 CFR 1910.335(a)(2)(i)(A): Fuse handling equipment, insulated for the circuit voltage, was not used to remove or install fuses when fuse terminals were energized:  a) Kitchen 5 - On or about January 9, 2020, the employer failed to ensure that employees working in areas where there was the potential for electrical hazards inside the 480 Volt MCC Panels in Kitchen 5 were using only fuse handling equipment that was insulated for the circuit voltage when removing and installing fuses.    b) Production Area - On or about January 21, 2020, the employer failed to ensure that employees working in areas where there was the potential for electrical hazards inside the 480 Volt MCC Panels in Mogul 7 were using only fuse handling equipment that was insulated for the circuit voltage when removing and installing fuses.    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 of abatement, or other written records.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $74,217 · Current $52,030 Reduced

General-duty citation text

29 CFR 1910.147(c)(5)(i): Locks, tags, chains, wedges, key blocks, adapter pins, self-locking fasteners, or other hardware were not provided by the employer for isolating, securing or blocking of machines or equipment from energy sources:  The employer does not provide devices and hardware necessary for isolating, securing, or blocking of machines or equipment from hazardous sources of energy.  This violation was most recently documented at the address located above, as follows:  a) Production Area - On or about January 22, 2020, January 23, 2020, and January 29, 2020, the employer failed to ensure that an adequate number of locks were provided to employees for use during lockout tagout while performing work on equipment such as the Mogul 5 Stacker, Mogul 5 Feeder, Mogul 5, Mogul 7 Starchbuck and Mogul 7 Depositor.    b) Production Area - On or about January 22, 2020, and January 23, 2020, the employer failed to ensure that protective hardware, such as blocks, were provided to employees for use during lockout tagout to isolate the potential movement hazards on the Mogul 5 Tanis Robot when performing work within the Mogul 5 Feeder and Stacker.  c) Production Area - On or about January 29, 2020, the employer failed to ensure that protective hardware, such as ball valve covers, were provided to employees for use during lockout tagout to isolate the steam, hot water and pneumatic energy on the Mogul 5 and Mogul 7.  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 of abatement, or other written records.    Ferrara Candy Company was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.147(c)(5)(i), which was contained in OSHA inspection number 1318823, citation number 2, item number 2, and was affirmed as a final order on December 14, 2018, with respect to a workplace located at 7301 Harrison St., in Forest Park, Illinois.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $134,937 · Current $94,598 Reduced

General-duty citation text

29 CFR 1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:  The employer does not conduct periodic inspections of energy control procedures at least annually to ensure that the procedures and requirements of 29 CFR 1910.147 are being followed.  This violation was most recently documented at the address located above, as follows:  a) Production Area - On or about January 22, 2020, and subsequent dates the employer failed to conduct periodic inspections of each energy control procedure at least annually to verify that the specific procedures for equipment, such as the Mogul 5 Feeder, were adequate and were being applied correctly.    b) Production Area - On or about January 23, 2020, and subsequent dates the employer failed to conduct periodic inspections of each energy control procedure at least annually to verify that the specific procedures for equipment, such as the Mogul 5 Stacker, were adequate and were being applied correctly.    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 of abatement, or other written records.    Ferrara Candy Company was previously cited for a violation of this Occupational Safety and Health Standard, 29 CFR 1910.147(c)(6)(i), which was contained in OSHA inspection number 1318823, citation number 1, item number 1, and was affirmed as a final order on December 14, 2018, with respect to a workplace located at 7301 Harrison St., in Forest Park, Illinois.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $74,217 · Current $52,030 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i)(A): Authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control:  The employer does not ensure that authorized employees receive the necessary training in the control of hazardous energy.  This violation was most recently documented at the address located above, as follows:  a) Kitchen 5 - On or about January 9, 2020, and subsequent dates the employer did not ensure that all employees that performed maintenance and production tasks were trained as Authorized employees.  These employees performed repairs and replacement of parts where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the Feeder Pump for Coil 1.  b) Production Area - On or about January 23, 2020, and subsequent dates the employer did not ensure that all employees that performed maintenance and production tasks were trained as Authorized employees.  These employees performed unjamming of equipment where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the Mogul 5 Feeder.  c) Production Area - On or about January 23, 2020, and subsequent dates the employer did not ensure that all employees that performed maintenance and production tasks were trained as Authorized employees.  These employees performed unjamming of equipment where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the Mogul 5 Stacker.  d) Production Area - On or about January 27, 2020, and subsequent dates the employer did not ensure that all employees that performed maintenance and production tasks were trained as Authorized employees.  These employees performed unjamming of equipment where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the Mogul 5 Starchbuck.  e) Production Area - On or about April 16, 2020, and subsequent dates the employer did not ensure that all employees that performed maintenance and production tasks were trained as Authorized employees.  These employees performed unjamming of equipment where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the Mogul 7 Starchbuck.  f) Production Area - On or about April 14, 2020, and subsequent dates the employer did not ensure that all employees that performed maintenance and production tasks were trained as Authorized employees.  These employees performed unjamming of equipment where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the Mogul 7 Stacker.  g) Production Area - On or about April 22, 2020, and subsequent dates the employer did not ensure that all employees that performed maintenance and production tasks were trained as Authorized employees.  These employees performed unjamming of equipment where guards were removed without the knowledge and skills needed for the safe application, usage, and removal of energy control on equipment with more than one energy source, such as on the Mogul 7 Feeder.  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 of abatement, or other written records.    Ferrara Candy Company was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.147(c)(7)(i)(A), which was contained in OSHA inspection number 1273209, citation number 1, item number 1 and was affirmed as a final order on January 12, 2018, with respect to a workplace located at 910 Dalton Lane in Bolingbrook, Illinois.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $134,937 · Current $94,600 Reduced

General-duty citation text

29 CFR 1910.147(d): The established procedure for the application of energy control (the lockout or tagout procedure) was not done in sequence as required by 29 CFR 1910.147(d)(1) through (d)(6):  The employer does not ensure that the application of energy control is performed in sequence to include elements and actions such as preparation for shutdown, machine or equipment shutdown, machine or equipment isolation, device application, release of any stored energies, and verification of isolation.  This violation was most recently documented at the address located above, as follows:  The employer failed to implement energy control application steps as the machines were not isolated from all energy sources [per the 1910.147(d)(3) requirements].  As a result, the remaining applicable energy control elements, involving LOTO device application [(d)(4)],  dissipation of residual energy [(d)(5)(i)], and verification of isolation [(d)(6)], were not implemented to protect employees from machine hazards.   a) Kitchen 5 - On or about January 9, 2020, through January 13, 2020, and January 21, 2020, employees were exposed to hazards associated with rotating and moving parts from the unexpected start-up and energization of the Feeder Pump for Coil 1.   b) Production Area - On or about January 22, 2020, and January 27, 2020, employees were exposed to machine hazards associated with moving parts and pinch points from the unexpected start-up and energization of the Mogul 5 Feeder and Mogul 7 Feeder when performing unjamming operations.   c) Production Area - On or about January 29, 2020, employees were exposed to machine hazards associated with the release of steam, pneumatics and hot water from the unexpected start-up and energization of Mogul 5 when performing maintenance tasks on the Main Drive, Starchbuck and Depositor.   d) Production Area - On or about April 21, 2020, employees were exposed to machine hazards associated with pinch points from the release of stored energy on the Starchbuck printing areas of Mogul 5 and Mogul 7 when performing unjamming operations.     The employer failed to implement energy control application steps as the machines were not shut down or turned off to perform setup operations [per the 1910.147(d)(2) requirements].  As a result, the remaining applicable energy control elements, involving machine isolation [(d)(3)], LOTO device application [(d)(4)],  dissipation of residual energy [(d)(5)(i)], and verification of isolation [(d)(6)], were not implemented to protect employees from machine hazards.   e) Kitchen 5 - On or about January 14, 2020, and January 22, 2020, employees were exposed to hazards associated with rotating and moving parts while performing sanitation of equipment, such as the Sugar Auger and Cross Screw Auger, without stopping and isolating the equipment from the energy source.  Custom made devices and zip ties were used to keep equipment running during sanitizing while guards were removed.    f) Production Area - On or about January 28, 2020, an employee was exposed to machine hazards associated with crushing hazards from the unexpected movement of the energized equipment when performing cleaning of the line during changeovers and before shut downs on equipment such as Mogul 5 and Mogul 7. The equipment was not stopped and locked out before work was performed.   g) Packaging Department - On or about March 11, 2020, and March 19, 2020, employees were exposed to machine hazards associated with in-running nip points from the movement of CasePacker #4 Conveyor when performing cleaning and adjustments of the line. The equipment was not stopped and locked out before work was performed.   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 of abatement, or other written records.    Ferrara Candy Company was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.147(d), which was contained in OSHA inspection number 1318823, citation number 2, item number 3, and was affirmed as a final order on December 14, 2018, with respect to a workplace located at 7301 Harrison Street in Forest Park, Illinois.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(f)(3)(ii)(D): Each authorized employee did not affix a personal lockout or tagout device to the group lockout device before working on the machine or equipment:  The employer does not ensure that each authorized employee affixes a personal device to the group device before working on the machine or equipment in group work settings.  This violation was most recently documented at the address located above, as follows:  a) Kitchen 5 - On or about January 9, 2020, the employer failed to ensure that when maintenance tasks were performed by a crew of more than one employee group lockout procedures were utilized.  This included, but was not limited to the application of personal lockout and tagout devices and coordination of the workforce when performing tasks on the Feeder Pump for Coil 1.   b) Production Area - On or about January 22, 2020, the employer failed to ensure that when maintenance tasks were performed by a crew of more than one employee group lockout procedures were utilized.  This included, but was not limited to the application of personal lockout and tagout devices and coordination of the workforce when performing tasks on the Mogul 5 Feeder.   c) Production Area - On or about January 29, 2020, the employer failed to ensure that when maintenance tasks were performed by a crew of more than one employee group lockout procedures were utilized.  This included, but was not limited to the application of personal lockout and tagout devices and coordination of the workforce when performing tasks on the Mogul 5 Starchbuck, Depositor and Main Drive.   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 of abatement, or other written records.    Ferrara Candy Company was previously cited for a violation of an equivalent Occupational Safety and Health Standard 29 CFR 1910.147(f)(3)(ii), which was contained in OSHA inspection number 1318823, citation number 1, item number 2, and was affirmed as a final order on December 14, 2018, with respect to a workplace located at 7301 Harrison St., in Forest Park, Illinois.

Issued

Jul 6, 2020

Abate by

Jul 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(4)(ii): Procedures did not clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, 29 CFR 1910.147(c)(4)(ii)(A), (c)(4)(ii)(B), (c)(4)(ii)(C) and (c)(4)(ii)(D):  a) Production Area - On or about January 21, 2020, energy control procedures for equipment such as but not limited to the Mogul 5 entire system, Mogul 5 Starchbuck, Mogul 5 Depositor, Mogul 5 Feeder, Mogul 7 Feeder, Mogul 5 Stacker, Mogul 7 Stacker did not include all of the specific procedural steps for shutting down equipment to control hazardous energy as required by 1910.147(c)(4)(ii)(B).  The shutdown steps in each procedure were limited to pushing a single E-stop.    b) Production Area - On or about January 21, 2020, energy control procedures for equipment such as but not limited to the Mogul 5 entire system, Mogul 5 Starchbuck, Mogul 5 Depositor, Mogul 5 Feeder, Mogul 7 Feeder, Mogul 5 Stacker, Mogul 7 Stacker did not include all of the specific procedural steps for testing to determine and verify the effectiveness of lock out as required by 1910.147(c)(4)(ii)(C).  The testing and verification requirements section contained generic language which was not specific to the covered equipment.  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 of abatement, or other written records.

Issued

Jul 6, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A): Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:  a) Kitchen 5 - On or about January 21, 2020, the employer failed to provide permanent wiring to supply power to the Defender Scale.  The scale was being supplied power by an extension cord that had been affixed to structures of the building using plastic zip ties.    No abatement certification or documentation is required for this item.