OSHA Inspection: BORTNICK DAIRY, LLC

Issued

Sep 30, 2020

Abate by

Oct 27, 2020

Penalty

Initial $5,735 · Current $2,000 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 fall hazards into manure pits resulting in potential injuries and hazards associated with asphyxiation, drowning, and the inhalation of toxic gases:   A.)  Bortnick Dairy LLC; manure pits -  On or about 9/3/20, and at times prior thereto, employees were exposed to fall hazards of up to 12 ft into manure pits.  The facility has three (3) manure pits that did not have any form of devices guarding them.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation.  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement. IN ADDITION, abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic, or video evidence or abatement or other written records.

Issued

Sep 30, 2020

Abate by

Oct 27, 2020

Penalty

Initial $9,446 · Current $3,000 Reduced

General-duty citation text

29 CFR 1928.57(a)(6)(v):   At the time of initial assignment and annually thereafter, the employer did not instruct every employee in the safe operation and servicing of all covered equipment with which he is or will be involved, including locking out electrical power before performing maintenance on farmstead equipment:   A.)  Bortnick Dairy, LLC - On or about 9/3/20, and at times prior thereto, employees were not instructed to lockout equipment prior to performing servicing, maintenance, and repair work on it.  The employees were only supposed to hit the e-stop near the equipment/machinery prior to performing the work activities.  Employees performed servicing and maintenance on equipment that included but was not limited to the manure scraper and agitator.    ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 30, 2020

Abate by

Oct 27, 2020

Penalty

Initial $1,147 · Current $750 Reduced

General-duty citation text

29 CFR 1904.29(a): A Log of all Work-Related Injuries and Illnesses (OSHA Form 300), and/or Summary of Work-Related Injuries and Illnesses, (OSHA Form 300-A), and/or the Injury and Illness Incident Report (OSHA Form 301) or equivalent forms were not kept by the establishment:   A.)  Bortnick Dairy LLC - On or about 9/3/20, and at times prior thereto, the company was not keeping the OSHA 300 logs, the 301 Incident report, or the 300A Summary sheets.  The company had not completed or maintained the logs in the past.    ABATEMENT CERTIFICATION REQUIRED: Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.

Issued

Sep 30, 2020

Abate by

Oct 27, 2020

Penalty

Initial $5,735 · Current $750 Reduced

General-duty citation text

29 CFR 1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye.   A.)  Bortnick Dairy LLC - On or about  7/12/20,  and at times prior thereto, the company did not report an in-patient hospitalization within 24 hours of the incident occurring.  The hospitalization occurred  on 7/12/20  and was not reported to OSHA prior to the inspection that was opened on 9/3/20.   ABATEMENT CERTIFICATION REQUIRED:  Abatement certification is required within 10 days after the abatement date noted on the citation (see below).  This certification shall include a statement that abatement is complete, the date abatement was completed, method of abatement, and state that employees and their representatives were informed of this abatement.