OSHA Inspection: ELKINS DISTILLING COMPANY, LLC

Issued

Jul 26, 2021

Abate by

Sep 27, 2021

Penalty

Initial $5,461 · Current $2,200 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 explosion and fire hazards:   (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and prior to 2/27/2021,  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 an explosion hazard.   The employer manufactured whiskey.  A mixture of acetone, methanol, and ethanol was distilled using a spirit still.  The flammable liquids were vaporized using steam at approximately 70 psi within a heat transfer coil inside the spirit still.  The employer had not implemented a program to assure the mechanical integrity of the spirit still.  On 2/27/2021 the spirit still exploded, releasing vapors of flammable liquids, including acetone, methanol, and ethanol into the production area.  The flammable vapors were ignited.  This condition exposed employees to explosion and fire hazards.  (b)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and prior to 2/27/2021,  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 an explosion hazard.   The employer manufactured whiskey.  A mixture of acetone, methanol, and ethanol was distilled using a spirit still.  The flammable liquids were vaporized using steam at approximately 70 psi within a heat transfer coil inside the spirit still.   The low pressure spirit still did not have a pressure relief valve or other means for rapidly releasing pressure.  On 2/27/2021 the spirit still exploded, releasing vapors of flammable liquids, including acetone, methanol, and ethanol into the production area.  The flammable vapors were ignited.  This condition exposed employees to explosion and fire hazards.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $3,121 · Current $2,200 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act: 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 a crushing hazard as a result of being ejected from the seat of a powered industrial truck:   (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, 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 struck-by hazards as a result of being ejected from the seat of a powered industrial truck.  Employees operated a Yale model GLC050TENUAE083 propane fueled powered industrial truck to offload material from trucks, transport large totes, and move pallets of grain.  The employer did not ensure employees were utilizing the seat belt while operating the forklift.  This condition exposed employees to a crushing hazard.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(2)(iii): Operators training and evaluation was not conducted by persons who have the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not ensure that operators training and evaluation was conducted by a person who had the knowledge, training, and experience to train powered industrial truck operators and evaluate their competence.  Employees operated a Yale model GLC050TENUAE083 propane fueled powered industrial truck to offload material from trucks, transport large totes, and move pallets of grain.  The person who conducted operator training and evaluation did not have the knowledge to train operators.  This condition exposed employees to tip over, ejection, and struck by hazards.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(6):The employer did not certify that each operator has been trained and evaluated as required by this paragraph (l):  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not certify that each operator has been trained and evaluated as required by this paragraph (l).  Employees operated a Yale model GLC050TENUAE083 propane fueled powered industrial truck to offload material from trucks, transport large totes, and move pallets of grain.  This condition exposed employees to tip over, ejection, and struck by hazards.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(q)(7): Industrial trucks were not examined before being placed in service:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not ensure that industrial trucks were examined before being placed in service.  Employees operated a Yale model GLC050TENUAE083 propane fueled powered industrial truck to offload material from trucks, transport large totes, and move pallets of grain.  This condition exposed employees to tip over, ejection, and struck by hazards.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $5,461 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.106(b)(6): In locations where flammable vapors may be present, precautions were not taken to prevent ignition by eliminating or controlling sources of ignition.  Sources of ignition may include open flames, lightning, smoking, hot surfaces, frictional heat, sparks (static, electrical, and mechanical), spontaneous ignition, chemical and physical-chemical reactions, and radiant heat:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and prior to 2/27/2021,  the employer did not ensure that precautions were taken to prevent ignition by eliminating or controlling sources of ignition.  Employees used a plastic hose to transfer liquids containing approximately 30-50% alcohol by volume from an intermediate portable tank to the spirit still.  30-50% alcohol by volume is a flammable liquid.   The spirit still was not bonded to the intermediate portable tank during the transfer.  This condition exposed employees to a fire hazard.  (b)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and prior to 2/27/2021,  the employer did not ensure that precautions were taken to prevent ignition by eliminating or controlling sources of ignition.  Employees used a plastic hose to transfer liquids containing approximately 35-50% alcohol by volume from  an intermediate portable tank to the spirit still.  30-50% alcohol by volume is a flammable liquid.   The spirit still was not grounded.  This condition exposed employees to a fire hazard.

Issued

Jul 26, 2021

Abate by

Sep 27, 2021

Penalty

Initial $3,901 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not identify and evaluate the respiratory hazard(s) in the workplace.  The employer manufactured whiskey.  The fermentation process liberated carbon dioxide.  Employees worked in proximity to the open topped fermentation tanks.  The employer did not evaluate employee exposure to carbon dioxide.  This condition exposed employees to a respiratory hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $3,121 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, when the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program.  Employees entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.   This condition exposed employees to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not identify and evaluate the hazards of permit spaces before employees entered.  Employees entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.   The employer did not identify and evaluate the hazards of the stripping still prior to directing employees to enter the stripping still.  This condition exposed employees to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized entry:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized entry.  Employees entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.  This condition exposed employees to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not provide permit required confined space entry training.  Employees entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.   Employees had not received permit space entry training.  This condition exposed employees to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $3,121 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.146(d)(3)(iv): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On or about 2/20/2021, the employer did not ventilate a permit required confined space to eliminate or control atmospheric hazards.  An employee entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.   Flammable liquids were distilled within the stripping still.  Forced air ventilation was not utilized prior to entry and during entry.  This condition exposed the employee to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d)(5)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On or about 2/20/2021, the employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin.  An employee entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.   The space contained potential atmospheric hazards and possessed a thermal energy hazard.  The employer did not test for atmospheric hazards nor did the employer test that the thermal energy was isolated and controlled.  This condition exposed the employee to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d)(6): The employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On or about 2/20/2021, the employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations.  An employee entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.  An attendant was not outside the stripping still while the employee was working inside the stripping still.  This condition exposed employees to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On or about 2/20/2021, before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit.  An employee entered the stripping still to perform maintenance.  The stripping still was a permit required confined space.   An entry permit was not completed prior to entry.  This condition exposed the employee to a permit required confined space hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $3,121 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not ensure that procedures were developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section.  Employees performed maintenance, including work involving the stripping still.  The stripping still had a thermal energy source.  Procedures were not developed and utilized for the control of the energy.  This condition exposed employees to an uncontrolled energy hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

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:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not ensure that authorized employees received training in the recognition of applicable hazardous energy sources and the methods and means necessary for energy isolation.  Employees performed maintenance, including work involving the stripping still.  The stripping still had a thermal energy source.  The employer did not ensure that employees recognized the steam as a hazardous energy source and did not train employees to de-energize and isolate the thermal energy prior to maintaining the stripping still.  This condition exposed employees to an uncontrolled energy hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(d)(4)(i): Lockout or tagout devices were not affixed to each energy isolating device by authorized employees:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On or about 2/20/2021, the employer did not ensure that lockout or tagout devices were affixed to each energy isolating device by authorized employees.  An employee performed maintenance on the stripping still.  The stripping still had a thermal energy source.  The steam was directly injected into the still.   A lockout device was not affixed to the steam line valve following its closure.  This condition exposed the employee to an uncontrolled energy hazard.

Issued

Jul 26, 2021

Abate by

Aug 30, 2021

Penalty

Initial $5,461 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.178(c)(2)(iv): Power-operated industrial trucks designated as DY, EE, or EX were not used in locations where volatile flammable liquids or flammable gases were  handled, processed or used, but in which the hazardous liquids, vapors or gases were normally confined within closed containers or closed systems from which they can escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not ensure that power-operated industrial trucks designated as DY, EE, or EX were used in locations where volatile flammable liquids or flammable gases were  handled, processed or used, but in which the hazardous liquids, vapors or gases were normally confined within closed containers or closed systems from which they can escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment.  Employees operated a Yale model GLC050TENUAE083 propane fueled powered industrial truck to offload material from trucks, transport large totes, and move pallets of grain.  The powered industrial truck was operated in a whiskey distillery in proximity to stills, condensers, and equipment containing flammable liquids and vapors, such as but not limited to acetone, methanol, and ethanol.  The forklift was a type LP powered industrial truck and was not rated for the hazards in the area.  This condition exposed employees to a fire or explosion hazard.

Issued

Jul 26, 2021

Abate by

Sep 27, 2021

Penalty

Initial $5,461 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.307(c): Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021,  the employer did not ensure that equipment in a hazardous (classified) location was intrinsically safe or approved for the hazardous (classified) location.   The employer manufactured whiskey.  Employees handled flammable liquids which were normally in closed containers. The production area was a Class I, Division 2 area.  Vapors of flammable liquids, including acetone, methanol, and ethanol escaped into the production area from the spirit still condenser when the still was operated under elevated temperature or pressure.  Equipment including, but not limited to the following, were present in the production area.  The equipment were not approved for a Class I, Division 2 location.  1.  Ryobi Premium Electric Pressure Washer; 2.  Ridgid model R5011 electric drill; 3.  WEG 1.5 horsepower agitator motor; 4.  220 volt flexible electric drop power cords; 5.  110 volt flexible electric extension cord; 6.  SMVector Lenze ACTech transfer pump controller; 7.  Transfer pump; 8.  Electrical outlets on west and south walls of production area; 9.  Gas fueled ceiling mounted space heater; 10.  Patio space heater; 11.  CREE LPF01092X0001F and LEP02092X0002F LED ceiling mounted light strips; and 12.  CREE LS8-80L-40K-10v fluorescent ceiling mounted light strips.  This condition exposed employees to a fire hazard.  (b)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and prior to 2/27/2021,  the employer did not ensure that equipment in a hazardous (classified) location was intrinsically safe or approved for the hazardous (classified) location.   The employer manufactured whiskey.  Employees handled flammable liquids which were normally in closed containers.  The production area was a Class I, Division 2 area.    On 2/27/2021, the spirit still exploded, releasing vapors of flammable liquids, including acetone, methanol, and ethanol into the production area.  The flammable vapors were ignited.  Equipment including, but not limited to the following, were present in the production area.  The equipment were not approved for a Class I, Division 2 location.  1.  Ryobi Premium Electric Pressure Washer; 2.  Ridgid model R5011 electric drill; 3.  WEG 1.5 horsepower agitator motor; 4.  220 volt flexible electric drop power cords; 5.  110 volt flexible electric extension cord; 6.  SMVector Lenze ACTech transfer pump controller; 7.  Transfer pump; 8.  Electrical outlets on west and south walls of production area; 9.  Gas fueled ceiling mounted space heater; 10.  Patio space heater; 11.  CREE LPF01092X0001F and LEP02092X0002F LED ceiling mounted light strips; and 12.  CREE LS8-80L-40K-10v fluorescent ceiling mounted light strips.  This condition exposed employees to fire and explosion hazards.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $4,681 · Current $2,200 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met.  The employer manufactured whiskey.  Employees were exposed to chemicals, such as but not limited to the following, during work activities.  1.  Acetone; 2.  Methanol; 3.  Ethanol; 4.  Fusil oils; 5.  Carbon dioxide;  6.  Propane;  7.  Five Star Chemicals & Supply Star San sanitizer; 8.  WD-40 Company WD-40; 9.  Quick Shine Floor Finish; 10.  Ultra Ajax Cleaner; 11.  Concobrium Mold Control; and 12.  Weiman Stainless Steel Wipes.   This condition exposed employees to a chemical hazard.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(6)(i): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the information required by 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(v):  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier, signal word, hazard statement, pictogram, and precautionary statement.  The employer performed distillations in a stripping still and a spirit still during production of whiskey.  The stills contained mixtures of acetone, methanol, ethanol, and other hydrocarbons.  The content of each still was not identified nor was complete hazard information provided.  This condition exposed employees to a chemical hazard.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1):  Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not have a safety data sheet in the workplace for each hazardous chemical which they use.  The employer manufactured whiskey.  The fermentation process and distillation process produced carbon dioxide, methanol, ethanol, and acetone.  The employer did not have in the workplace SDSs for all the chemicals produced in the whiskey manufacturing process.  This condition exposed employees to a chemical hazard.  (b)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not have a safety data sheet in the workplace for each hazardous chemical which they use.  Employees used chemicals, such as but not limited to Five Star Chemicals & Supply Star San sanitizer, paint, and propane, for support activities during the manufacturing of whiskey.  The employer did not have in the workplace SDSs for all the chemicals.  This condition exposed employees to a chemical hazard.  (c)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not have a safety data sheet in the workplace for each hazardous chemical which they use.  Employees used chemicals, such as but not limited to WD-40 Company WD-40, Quick Shine Floor Finish, Ultra Ajax Cleaner, Concobrium Mold Control, Weiman Stainless Steel Wipes, for support activities related to the sale of whiskey.  The employer did not have in the workplace SDSs for all the chemicals.  This condition exposed employees to a chemical hazard.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(3)(iv):   The details of the hazard communication program developed by the employer, did not include an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employee could obtain and use the appropriate hazard information:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, employee training did not include an explanation of the labels received on shipped containers and the workplace labeling system used by their employer; the safety data sheet, including the order of information and how employee could obtain and use the appropriate hazard information.  The employer manufactured whiskey.  Employees were not provided training regarding the labeling system or safety data sheets.  This condition exposed employees to a chemical hazard.

Issued

Jul 26, 2021

Abate by

Nov 1, 2021

Penalty

Initial $438 · Current $0 Reduced

General-duty citation text

29 CFR  1910.132(d)(2): The employer did not verify, through a written certification, that the required workplace hazard assessment had been performed:  (a)  Elkins Distilling Company, LLC, dba Elkins Distilling Co., at 1825 North Lake Avenue, Estes Park, CO:  On and preceding 2/27/2021, the employer did not verify, through a written certification, that the required workplace hazard assessment had been performed.  The employer manufactured whiskey.  Employees performed tasks where they were exposed to chemical, respiratory, fire, struck-by, flying object, and confined space hazards.  The employer had identified personal protective equipment to be worn by employees during such tasks.  The employer had not documented or certified a workplace hazard assessment.  This condition potentially exposed employees to chemical, respiratory, fire, struck-by, flying object, and confined space hazards.