OSHA Inspection: BARRY CALLEBAUT USA, L.L.C.

Issued

Apr 7, 2022

Abate by

May 3, 2022

Penalty

Initial $6,837 · Current $4,447 Reduced

General-duty citation text

29 CFR  1910.22(a)(2)The employer did not ensure that the  floor of each workroom was maintained in a clean and, to the extent feasible, in a dry condition. The employer did not ensure that when wet processes were used, drainage was not maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats were not provided.  a)DIDS and Manufacturing Area: On or about 10/13/21, floors were not maintained in a clean and dry condition from materials including, but not limited to, powders and oils used in the chocolate manufacturing process.  NOTE: THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT CERTIFICATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Apr 7, 2022

Abate by

Jun 6, 2022

Penalty

Initial $14,502 · Current $9,426 Reduced

General-duty citation text

29 CFR  1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:   a) Throughout facility: On or about 10/13/22, annual audits of the lock out/tag out procedures were not conducted.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Apr 7, 2022

Abate by

Jun 6, 2022

Penalty

Initial $14,502 · Current $9,426 Reduced

General-duty citation text

29 CFR  1910.212(a)(1):One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:  a) DIDS Line 2: On or about 10/10/21, the pipe leading to the rotary valve on the bottom of the DIDS machine was not guarded to prevent employee access  to rotating valves. An employee suffered a finger amputation when accessing the opening when checking the machine operation.    NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Apr 7, 2022

Abate by

May 6, 2022

Penalty

Initial $14,502 · Current $9,426 Reduced

General-duty citation text

29 CFR  1910.212(a)(3)(ii):Point(s) of operation of machinery were not guarded to prevent employee(s) from having any part of their body in the danger zone(s) during operating cycle(s):  a) Chocolate Manufacturing Area: On or about 10/28/21, the bottom roller located above the catch tray of the Refiner Machine was not guarded to protect employees against ingoing nip points between the bottom roller and guard of the top roller.  Employees have to scoop excess chocolate shavings out of the tray next to the unguarded roller.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.

Issued

Apr 7, 2022

Abate by

Jun 6, 2022

Penalty

Initial $79,761 · Current $51,845 Reduced

General-duty citation text

29 CFR  1910.147(c)(7)(i):The employer did not provide adequate training to ensure that the purpose and function of the energy control program was understood by employees:  a) Tank Farm: On or about 10/28/22, employees including, but not limited to, production supervisors, were not provided with training with regard to energy control procedures for maintenance or repair of chocolate manufacturing equipment.  NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.  BARRY CALLEBAUT USA LLC WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD, ITS EQUIVALENT, OR ESSENTIALLY SIMILAR STANDARD 1910.147(c)(7)(i) WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER 1235758, CITATION NUMBER 1, ITEM NUMBER 1, ISSUED ON 6/12/2017. NOTE: FINAL ORDER DATE - 6/28/2017.