OSHA Inspection: NATURE PURE LLC

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $9,557 · Current $5,734 Reduced

General-duty citation text

29 CFR  1910.147(c)(4): Energy control procedure.   29 CFR  1910.147(c)(4)(ii):The energy control procedures did not clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, including, but not limited to Items A-D of this section:  a. On or about and prior to November 20, 2020; the employer did not  develop and document energy control procedures (lockout-tagout procedures) that clearly and specifically identify all of the specific steps to be followed by employees performing required duties covered by this part, including but not limited to safely deenergizing mechanical equipment during bin entry  by Feed Mill employees for the performance of  manual cleaning purposes.  The employer did not have specific energy control (lockout tagout) procedures for any equipment  to address the intended purpose, specific steps for shutting down and isolating equipment, specific steps  for placement then removal of lockout devices and the responsibility for them, or the specific requirements for testing and verifying the effectiveness of the lockout control measures. On November 14, 2020, two feed mill employees entered bin  3 to perform assigned cleaning duties without deenergization of mechanical equipment and one of the employees was injured when caught-in the sweep auger apparatus.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(g):   Entry into grain storage structures. This paragraph applies to employee entry into bins, silos , tanks, and other grain storage structures. Exception: Entry through unrestricted ground level openings into flat storage structures in which there are no toxicity, flammability, oxygen-deficiency, or other atmospheric hazards is covered by paragraph (h) of this section. For the purposes of this paragraph (g), the term "grain" includes raw and processed grain and grain products in facilities within the scope of paragraph   29 CFR  1910.272(g)(1):   The following actions shall be taken before employees enter bins, silos, or tanks:  29 CFR  1910.272(g)(1)(ii):  All mechanical, electrical, hydraulic, and pneumatic equipment which presents a danger to employees inside grain storage structures shall be deenergized and shall be disconnected, locked-out and tagged, blocked-off, or otherwise prevented from operating by other equally effective means or methods.  a. On or about and prior to November 14, 2020, the employer did not require employees to deenergize equipment and perform lockout when entering grain storage bins, such as but not limited to bins 2, 3 and 4, to perform manual cleaning duties. Employees who entered grain storage structures to perform required duties, did not deenergize, disconnect and lockout all mechanical and electrical equipment. On November 14, 2020, two feed mill employees entered bin 3 to perform assigned cleaning duties without deenergization of mechanical equipment and one of the employees was injured when caught-in the sweep auger apparatus.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(m):  Preventive maintenance.  29 CFR  1910.272(m)(4):The employer shall implement procedures for the use of tags and locks which will prevent the inadvertent application of energy or motion to equipment being repaired, serviced, or adjusted, which could result in employee injury. Such locks and tags shall be removed in accordance with established procedures only by the employee installing them or, if unavailable, by his or her supervisor.  a. On or about and prior to November 14, 2020, the employer  did not develop, document and implement procedures for the use of locks and tags  to prevent the inadvertent application of energy to equipment that is being repaired, serviced, or adjusted. Feed mill employees performed maintenance activities, such as bin entry that involved sweep auger adjustment and did not use lockout tagout to prevent the inadvertent application of energy to the equipment involved in the maintenance activity. On November 14, 2020, two feed mill employees entered bin 3 to perform assigned cleaning duties without procedures for the use of locks and tags  of the mechanical equipment and one of the employees was injured when caught-in the sweep auger apparatus.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $9,557 · Current $5,734 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i):  Training and communication. The employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees. The training shall include the following:  29 CFR  1910.147(c)(7)(i)(A):Each authorized employee shall 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.  a. On or about and prior to November 14, 2020, the employer did not provide lockout tagout training for feed mill employees who performed required duties covered by this part. Feed mill employees performed grain bin entry and cleaning, which involved sweep auger adjustment with exposure to associated caught-in hazards. Employees had not received training in an employer energy control (lockout tagout) program, or training for the knowledge and skills required for applying, using and removing energy controls.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(e)(1):   The employer shall provide training to employees at least annually and when changes in job assignment will expose them to new hazards. Current employees, and new employees prior to starting work, shall be trained in at least the following:  29 CFR  1910.272(e)(1)(i):General safety precautions associated with the facility, including recognition and preventive measures for the hazards related to dust accumulations and common ignition sources such as smoking; and,  a. On or about and prior to November 14, 2020, the employer did not provide initial training in general safety precautions associated with the grain feed mill for new employees prior to their starting  work. The employer did not have an employee training program and did not train new employees in the fire, deflagration and explosion hazards associated with grain dust or the recognition and  the control of ignition sources.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(e)(1):   The employer shall provide training to employees at least annually and when changes in job assignment will expose them to new hazards. Current employees, and new employees prior to starting work, shall be trained in at least the following:  29 CFR  1910.272(e)(1)(ii):  Specific procedures and safety practices applicable to their job tasks including but not limited to, cleaning procedures for grinding equipment, clearing procedures for choked legs, housekeeping procedures, hot work procedures, preventive maintenance procedures and lock-out/tag-out procedures.  a. On or about and prior to November 14, 2020, the employer had not provided training for current employees on an annual basis and for new employees prior to starting work on lock-out/tag-out procedures. Feed mill employees  enter grain storage bin and had not received training on lock-out/tag-out procedures associated with bin cleaning duties. During grain bin entry, feed mill employees have exposure to caught-in hazards associated with sweep auger mechanical equipment in the space.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(e)(2):Employees assigned special tasks, such as bin entry and handling of flammable or toxic substances, shall be provided training to perform these tasks safely.  Note to paragraph (e)(2): Training for an employee who enters grain storage structures includes training about engulfment and mechanical hazards and how to avoid them.  a. On or about and prior to November 14, 2020, the employer had not provided training for feed mill employees in how to perform grain storage bin entry related tasks, such as but not limited to cleaning, in  a safe manner.  Employees had not received training related to mechanical hazards associated with grain bin entry and how to avoid them, such as through required use of lockout/tagout procedures and related lockout/tagout equipment. During   grain bin entry and cleaning, feed mill employees involved sweep auger adjustment had exposure to the associated mechanical equipment caught-in hazards.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(g): Entry into grain storage structures. This paragraph applies to employee entry into bins, silos , tanks, and other grain storage structures. Exception: Entry through unrestricted ground level openings into flat storage structures in which there are no toxicity, flammability, oxygen-deficiency, or other atmospheric hazards is covered by paragraph (h) of this section. For the purposes of this paragraph (g), the term "grain" includes raw and processed grain and grain products in facilities within the scope of paragraph (b)(1) of this section.  29 CFR  1910.272(g)(5):The employee acting as observer shall be trained in rescue procedures, including notification methods for obtaining additional assistance.  a. On or about and prior to November 14, 2020, the employer did not have a training program for employees who performed entry into grain storage structures and did not train employees acting as observers in rescue methods. Feed mill employees entered grain storage bins and were required to do so as part of routine grain bin cleaning assignments.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $4,096 · Current $2,458 Reduced

General-duty citation text

29 CFR  1910.178(l)(1):Safe operation.  29 CFR  1910.178(l)(1)(i): The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l).  a. On or about and prior to November 20, 2020, the employer did not ensure that powered industrial truck operator received the training and evaluation required by this part. The employer did not have an operator training program that included formal instruction, practical training and evaluation of performance. Untrained employees operated powered industrial vehicles, including but not limited to, a Komatsu model FG25ST-12 forklift on a regular basis as part of required duties.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(g)(1):The following actions shall be taken before employees enter bins, silos, or tanks:  29 CFR  1910.272(g)(1)(i): The employer shall issue a permit for entering bins, silos, or tanks unless the employer or the employer's representative (who would otherwise authorize the permit) is present during the entire operation. The permit shall certify that the precautions contained in this paragraph (1910.272(g)) have been implemented prior to employees entering bins, silos or tanks. The permit shall be kept on file until completion of the entry operations.  a. On or about and prior to November 14, 2020, the employer did not issue entry permits to certify the precautions  required in this part have been implemented prior to employee entry into equipment covered by this part, such as but not limited to grain bin 3 of the Feed Mill.  On November 14, 2020, two feed mill employees entered bin 3 to perform assigned cleaning duties without implementation of the precautions required by this part and without the authorization of a permit by the employer's representative; one of the employees was injured when caught-in the sweep auger apparatus.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(g)(1):The following actions shall be taken before employees enter bins, silos, or tanks:  29 CFR  1910.272(g)(1)(iii):The atmosphere within a bin, silo, or tank shall be tested for the presence of combustible gases, vapors, and toxic agents when the employer has reason to believe they may be present. Additionally, the atmosphere within a bin, silo, or tank shall be tested for oxygen content unless there is continuous natural air movement or continuous forced-air ventilation before and during the period employees are inside. If the oxygen level is less than 19.5%, or if combustible gas or vapor is detected in excess of 10% of the lower flammable limit, or if toxic agents are present in excess of the ceiling values listed in Subpart Z of 29 CFR Part 1910, or if toxic agents are present in concentrations that will cause health effects which prevent employees from effecting self-rescue or communication to obtain assistance, the following provisions apply.  a. On or about and prior to November 14, 2020, the employer failed to require atmosphere testing and did not test the atmosphere as part of grain bin entry by employees. Feed Mill employees entered grain bins, such as but not limited to grain bin 3, to perform cleaning duties without any testing for the presence of combustible gases or vapors and without any testing for oxygen content.

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(g)(1):The following actions shall be taken before employees enter bins, silos, or tanks:  29 CFR  1910.272(g)(4):The employer shall provide equipment for rescue operations which is specifically suited for the bin, silo, or tank being entered.  a. On or about and prior to November 14, 2020, the employer failed to provide equipment for rescue operations for grain bin entry, such as but not limited to grain bin 3. Feed mill employees entered grain bins to perform required grain bin cleaning.

Issued

Apr 1, 2021

Abate by

May 6, 2021

Penalty

Initial $6,827 · Current $4,096 Reduced

Hazardous substances 8870

General-duty citation text

29 CFR  1910.303(g)(2)(i):Except as�elsewhere required�or permitted�by this�standard, live�parts of�electric equipment�operating at�50 volts�or more�shall be�guarded against�accidental contact by�use of�approved cabinets�or other�forms of�approved enclosures�or by�any of�the following�means listed by 29 CFR 1910.303(g)(2)(i)(A) - (D):  a. On or about November 20, 2020, live parts inside the cabinet that housed equipment  "push button" style and switch based controls near grain bins 2 and 3 were not otherwise enclosed or guarded from accidental contact and damage. Electrical wiring was not enclosed or guarded. Wire nut connections for electrical wiring were not enclosed or otherwise guarded. Live parts associated with a control box were not completely enclosed or guarded were two unused openings were not closed. Employees were exposed to this electrical contact hazard when accessing  equipment controls located inside the cabinet, such as but not limited to the "Leg," the "pit auger," the "jump auger, " grain bin 3, and the grain bin 4 "jump auger" and "bin auger."

Issued

Apr 1, 2021

Abate by

Jun 7, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(m): Preventive maintenance.  29 CFR  1910.272(m)(3):A certification record shall be maintained of each inspection, performed in accordance with this paragraph (m), containing the date of the inspection, the name of the person who performed the inspection and the serial number, or other identifier, of the equipment specified in paragraph (m)(1)(i) of this section that was inspected.  a. On or about November 20, 2021, the employer had not established and certified a record of inspection for Feed Mill equipment required to be inspection in accordance with this part, such as but not limited to grain stream processing equipment and elevators.

Issued

Apr 1, 2021

Abate by

May 6, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(e)(1):Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following:  a. On or about November 20, 2020, the employer did not have a written hazard communication program for chemicals in the workplace such as oils, lubricants and other maintenance related hazardous chemicals.