OSHA Inspection: NU-TEK FOOD SCIENCE, LLC

Issued

Jul 27, 2020

Abate by

Aug 31, 2020

Penalty

Initial $6,747 · Current $6,747

Hazardous substances 9135P135

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:  (a) On or about February 13, 2020 and at times prior for employees who were overexposed to potassium chloride total dust particulates in excess of 15 mg/m3 while working in the milling area that should have required a mandatory respirator program at Nu-Tek Food Science, LLC located at 1301 39th Street South in Fargo, North Dakota.  Abatement Note: A minimally acceptable respiratory protection program shall include all of the following requirements: 1.  Written standard operating procedures governing the selection and use of respirators shall be established. 2.  Only approved respirators shall be used.  Respirators shall be selected on the basis of hazards to which the worker is exposed. 3.  Respirators must be provided free-of-charge where respirators are needed to protect the health of the employees. 4.  Employers must provide (free-of-charge) a medical evaluation to determine    each employee's fitness to wear a respirator before initial use. 5.  Before initial respirator use, fit testing is required for all employees using negative or positive pressure tight-fitting respirators where such respirators are required by OSHA or where the employer requires the use of such a respirator. 6.  The user shall be instructed and trained in the proper use of respirators and their limitations. 7.  Surveillance of work area conditions and degree of employee exposure or stress shall be conducted. 8.  Employer must ensure the use of respirators where respirators are needed to protect the health of the employees. 9.  Respirators shall be regularly cleaned and disinfected to keep them in a sanitary condition. 10.  Respirators shall be stored in a clean and sanitary location to prevent damage and contamination. 11.  Respirators shall be inspected during cleaning and repaired when necessary. 12.  There shall be regular inspection and evaluation to determine the continued effectiveness of the program. 13.  Compressed breathing air must meet at least the requirements for Grade D breathing air. 14.  The employer must establish and retain medical evaluations and fit-testing records.

Issued

Jul 27, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9135P135

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:  (a) On or about February 13, 2020 and at times prior for employees who were overexposed to potassium chloride total dust particulates in excess of 15 mg/m3 while working in the milling area where a medical evaluation was not performed as part of required mandatory respirator program at Nu-Tek Food Science, LLC located at 1301 39th Street South in Fargo, North Dakota.

Issued

Jul 27, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9135P135

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):  (a) On or about February 13, 2020 and at times prior for employees who were overexposed to potassium chloride total dust in excess of 15 mg/m3 while working in the milling area where a fit test was not performed at Nu-Tek Food Science, LLC located at 1301 39th Street South in Fargo, North Dakota.

Issued

Jul 27, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9135P135

General-duty citation text

29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of particulates not otherwise regulated (PNOR) listed in Table Z-1 in excess of the 8 hour Time Weighted Average concentration of 15mg/m3:  (a) On or about February 13, 2020 and at times prior for employees working in the milling area exposed to total dust particulate levels of potassium chloride at nearly 3 times the permissible exposure limit of 15 mg/m3, at Nu-Tek Food Science, LLC located at 1301 39th Street South in Fargo, North Dakota.

Issued

Jul 27, 2020

Abate by

Aug 31, 2020

Penalty

Initial $0 · Current $0

Hazardous substances 9135P135

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):  (a) On or about February 13, 2020, and at times prior, for employees working in the milling area where control methods to reduce employee exposure were not evaluated after the company conducted independent sampling indicating that employees were exposed to total dust particulate levels of potassium chloride at nearly 3 times the permissible exposure limit of 15 mg/m3, at Nu-Tek Food Science, LLC located at 1301 39th Street South in Fargo, North Dakota.