OSHA Inspection: EL-MILAGRO, INC.

Issued

Dec 22, 2020

Penalty

Initial $9,543 · Current $6,000 Reduced

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.  Corn Cooking Dept. / Batch Mixing Area: On or about July 2, 2020, employees handling  calcium hydroxide in the tortilla mixing equipment were required to wear tight-fitting  N95 respirators. The employer failed to ensure that a written respiratory protection program with worksite specific procedures was established and implemented.

Issued

Dec 22, 2020

Penalty

Initial $0 · Current $0

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. Corn Cooking Dept. / Batch Mixing Area - On or about July 2, 2020,  employees conducting mixing operations and handling calcium hydroxide were required to wear a N95 respirators.  The employer failed to provide medical evaluations to determine the employee s ability to use a respirator prior to requiring employees to use N95 respirators.

Issued

Dec 22, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator and at least annually thereafter.    a) Corn Cooking Dept. / Batch Mixing Area -  On or about July 2, 2020,  employees conducting mixing operations and handling calcium hydroxide were required to wear a N95 respirators.  The employer did not ensure that employees using  tight-fitting N95 respirators were fit tested.

Issued

Dec 22, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1):The employer shall ensure that each employee can demonstrate knowledge of at least: Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator; What the limitations and capabilities of the respirator are: i. How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions; ii. How to inspect, put on and remove, use, and check the seals of the respirator; iv. What the procedures are for maintenance and storage of the respirator, and  v. How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators.  a. Corn Cooking Dept. / Batch Mixing Area: On or about July 2, 2020, the employer did not ensure that a employees were trained in the proper use, fit, maintenance, limitations, and capabilities of the 3M Particulate N95 Respirator, while requiring employees to wear respiratory protection when handling calcium hydroxide.