OSHA Inspection: OBERWEIS DAIRY, INC.

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(d)(3)(i)(D): Information pertaining to the equipment in the process did not include relief system design and design basis:  On or about May 3, 2021, Oberweis Dairy, Inc. did not perform a relief system design and design basis for safety relief valves installed throughout the facility.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Jan 3, 2022

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(e)(5): The employer did not establish a system to promptly address the team's findings and recommendations; assure that recommendations are resolved in a timely manner and that the resolution is documented; document what actions are taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations actions:  On or about April 9, 2021, Oberweis Dairy, Inc. did not establish a system to ensure the findings and recommendations from the site's 2015 process hazard analysis (PHA) were resolved and completed.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(e)(6): The employer did not update and revalidate the requirements in paragraph (e)(4) of this section at least every five years, to assure that the process hazard analysis is consistent with the current process.  On or about April 9, 2021, Oberweis Dairy, Inc. did not perform a process hazard analysis (PHA) at least every five years to ensure consistency with the  ammonia refrigeration process.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  There is no abatement certification or documentation required for this item.

Issued

Sep 30, 2021

Abate by

Jan 3, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(e)(7): The employer did not retain process hazards analyses and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in paragraph (e)(5) of this section for the life of the process.   On or about April 9, 2021, Oberweis Dairy, Inc. did not retain process hazards analyses (PHA), updates, or revalidations for the life of the process prior to the calendar year of 2015.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(f)(3): The employer did not review the operating procedures as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer did not certify annually that these operating procedures are current and accurate:  On or about April 9, 2021, Oberweis Dairy, Inc. did not review and certify at least annually that operating procedures reflected any changes within the site's ammonia refrigeration process.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment:   On or about April 9, 2021, Oberweis Dairy, Inc. did not perform inspection and testing on safety/pressure relief valves located throughout the facility.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  There is no abatement certification or documentation required for this item.

Issued

Sep 30, 2021

Abate by

Jan 3, 2022

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(j)(4)(iv): The employer did not document each inspection and test that had been performed on process equipment with the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test:   On or about April 9, 2021, Oberweis Dairy, Inc. did not document each inspection and/or test conducted on process equipment such as, but not limited to, pressure vessels and piping.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(o)(1): The employer did not certify that they had evaluated compliance with provisions of 29 CFR 1910.119 at least every three years to verify that the procedures and practices developed under this standard were adequate and are being followed:   On or about April 9, 2021, Oberweis Dairy, Inc. did not ensure that compliance audits were conducted at least every three years to verify that procedures and practices were being followed.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Jan 3, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(o)(4): The employer did not promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected:   On or about April 9, 2021, Oberweis Dairy, Inc. did not ensure findings and recommendations identified during the site's 2017 compliance audit were corrected and documented.  Employees and contractors are exposed to inhalation and burn hazards caused by ammonia releases throughout the facility.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.120(q)(1): The employer did not develop and implement an emergency response plan to handle anticipated emergencies prior to the commencement of emergency response operations:   On or about August 17, 2021, Oberweis Dairy, Inc. did not develop and implement an emergency response plan as Oberweis personnel proceeded to conduct an investigation of an ammonia leak on or near Evaporator 14 valve station while being exposed to hazards of inhalation and burns caused by the ammonia release.   Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.120(q)(6)(i): The employer did not ensure that first responders at the awareness level had sufficient training or  sufficient experience to objectively demonstrate competency in the following areas specified in sections (6)(i)(A) through (6)(i)(F) of this paragraph:  On or about August 17, 2021, Oberweis Dairy, Inc. did not ensure Oberweis personnel was trained at the first responder awareness level as Oberweis personnel  proceeded to conduct an emergency response investigation on or near Evaporator 14 valve station while being exposed to hazards of inhalation and burns caused by the ammonia release.   Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $13,653 · Current $6,827 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.134(c)(2)(ii): The employer did not establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:   On or about August 17, 2021, Oberweis Dairy, Inc. did not ensure a written respiratory protection program was implemented onsite as an Oberweis employee conducted an emergency response investigation on or near Evaporator 14 valve station. The employee was allowed to wear a full-face tight-fitting respirator while being  exposed to an inhalation hazard caused by the ammonia release.   Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 0170

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 is fit tested or required to use the respirator in the workplace:   On or about August 17, 2021, Oberweis Dairy, Inc. did not ensure an Oberweis employee was medically evaluated prior to an emergency response investigation on or near Evaporator 14 valve station. The employee was allowed to wear a full-face tight-fitting respirator while being exposed to an inhalation hazard caused by the ammonia release.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Sep 30, 2021

Abate by

Nov 8, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.134(k)(6):  The employer did not provide the basic advisory information on respirators, as presented in Appendix D of 29 CFR 1910.134, to employee(s) who wear respirators when such use was not required by the employer:   On or about August 17, 2021, Oberweis Dairy, Inc. did not provide basic advisory information presented in Appendix D for respirator use to an Oberweis employee  who proceeded to conduct an emergency response investigation on or near Evaporator 14 valve station. The employee was allowed to wear a full-face tight-fitting respirator while being exposed to an inhalation hazard caused by the ammonia release.  Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d).