OSHA Inspection: RED'S ALL NATURAL, LLC

Issued

Jul 16, 2021

Abate by

Aug 11, 2021

Penalty

Initial $5,969 · Current $3,581 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 the employer utilized storage rack systems with visible structural damage exposing employees to struck-by and crushing hazards:  (a)Red's All Natural, LLC at 803 Derby Lane, North Sioux City, SD 57049: On or about and at times prior to May 5, 2021, the employer did not ensure damaged industrial steel storage rack systems located in the small freezer were unloaded and isolated until evaluated and repaired to the original design capacity. The storage rack system had two areas involving forklift impact damage to steel column legs and base plates to include additional damage to a vertical column and horizontal member that affected the structural load carrying capacity of the racking system. The damaged storage rack had stored product weighing approximately 3500lbs. This condition exposed employees to struck-by and crushing hazards associated with overloading and failure of the storage rack system.  Abatement Note: Among other methods, feasible and acceptable abatement methods to correct this hazard are to follow American National Standard Institute(ANSI) and Rack Manufacturers Institute (RMI)-ANSI-RMI MH 16:1-2012, "Specification for the Design, Testing and Utilization of Industrial Steel Storage Racks."  Under paragraph 1.4.1 Owner Maintenance, (2)"Regularly inspect for damage. If damage is found, immediately isolate the affected area. Have a storage rack design professional evaluate the damage and unload, replace or repair if directed by the professional, any damaged columns, beams, or other structural component to restore the system to at least its original design capacity." Additionally, under paragraph 1.4.9 Rack Damage, "Upon any visible damage, the pertinent portions of the rack shall be immediately isolated by the user until the damaged portion is evaluated by a storage rack design professional. Before allowing the rack to be placed into service the design professional must certify that the rack system and/or the repaired components have been restored to at least their original design capacity."

Issued

Jul 16, 2021

Abate by

Aug 11, 2021

Penalty

Initial $4,476 · Current $2,686 Reduced

General-duty citation text

29 CFR  1910.38(b): An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees:   (a)Red's All Natural, LLC at 803 Derby Lane , North Sioux City, SD 57049: On or about and at times prior to May 5, 2021, the employer did not ensure an emergency action plan had been in writing, kept in the workplace and made available for employee review. This condition exposed the employees to physical hazards in event of the need of emergency evacuation.  Abatement Note:  The Emergency Action Plan shall include:  (1)	Emergency escape procedures and emergency escape route assignments;  (2)	Procedures to be followed by employees who remain to operate critical plant operations before they evacuate;  (3)	Procedures to account for all employees after emergency evacuation has been completed;  (4)	Rescue and medical duties for those employees who are to perform them;  (5)	The preferred means of reporting fires and other emergencies; and  (6)	Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan.  The employer shall:  (1)	Establish an alarm system that complies with 29 CFR 1910.165;  (2)	Before implementing the emergency action plan, the employer shall designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.  (3)	The employer shall review with each employee upon initial assignment those parts of the plan which the employee must know to protect the employee in the event of an emergency. The written plan shall be kept at the workplace and made available for employee review. For those employers with 10 or fewer employees the plan may be communicated orally to employees and the employer need not maintain a written plan.

Issued

Jul 16, 2021

Abate by

Aug 11, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.38(f)(1): The employer did not review the Emergency Action Plan initially with each new employee and at the beginning of their assignment:   (a)Red's All Natural, LLC at 803 Derby Lane , North Sioux City, SD 57049: On or about and at times prior to May 5, 2021, the employer did not review with each employee upon initial assignment those parts of the emergency action plan which the employee must know to protect the employee in the event of an emergency. This condition exposed employees to fire hazards in event of the need of emergency evacuation.

Issued

Jul 16, 2021

Abate by

Aug 11, 2021

Penalty

Initial $4,476 · Current $2,686 Reduced

General-duty citation text

29 CFR  1910.176(a): Where mechanical handling equipment is used, sufficient safe clearances shall be allowed for aisles, at loading docks, through doorways and wherever turns or passage must be made. Aisles and passageways shall be kept clear and in good repair, with no obstruction across or in aisles that could create a hazard. Permanent aisles and passageways shall be appropriately marked:  (a)Red's All Natural, LLC at 803 Derby Lane , North Sioux City, SD 57049: On or about and at times prior to May 5, 2021, the employer did not ensure the employees were not exposed to struck-by hazards in that, permanent aisle and passageways were not appropriately marked. Employees walked in aisles in close proximity to where powered industrial trucks were being operated with no clear delineation or marking to identify path of travel for equipment and personnel. The condition exposed employees to struck-by and caught-in-between hazards.

Issued

Jul 16, 2021

Abate by

Aug 11, 2021

Penalty

Initial $5,969 · Current $3,581 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator was 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)Red's All Natural, LLC at 803 Derby Lane , North Sioux City, SD 57049: On or about and at times prior to May 5, 2021, the employer did not ensure a forklift operator was trained in the operation of powered industrial trucks in that, an operator was not trained in the use of the battery powered Yale Forklift Model # ESC040ADN36TE088 prior to use. This condition exposed the employee to the hazard of improper forklift operation.   Abatement Note: Training shall consist of a combination of formal instruction (e.g., lecture, discussion, interactive computer learning, video tape, written material), practical training (demonstrations performed by the trainer and practical exercises performed by the trainee), and evaluation of the operator's performance in the workplace.