OSHA Inspection: HANOVER FOODS CORPORATION

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $11,396 · Current $6,496 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.37(a)(2): Exit routes were not arranged so that employees would not have to travel toward a high hazard area, nor was the hazard effectively shielded by suitable partitions or barriers:  (a) Roof Covering Engine Rooms:  On or about 10/1/2021, the employer failed to arrange exit routes so employees, working on the roof above the engine rooms, are able to egress directly from the roof to a safe location outside, free from potential health and fire hazards posed by an accidental release of anhydrous ammonia.  Rather, the emergency egress path leads employees back down into the facility through other potentially unsafe plant areas prior to exiting to a safe location outside.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.37(a)(3):  Exit routes were not kept free and unobstructed. Equipment was placed within the exit route. Stairs or a ramp were not provided where the exit route was not substantially level:  a) Roof Covering Engine Rooms: On or about 10/1/2021, the employer failed to keep exits routes free and unobstructed so that employees working on the roof above the engine rooms, were able to exit directly from the roof to a safe location outside, away from the facility in the event of an emergency such as a fire or a toxic release of ammonia. Currently, employees must travel over / under pipe chases to access an emergency exit route.   Pursuant to 29 CFR 1903.19, the employer must submit abatement certification, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.37(b)(4):  Signs were not posted along the exit access indicating the direction of travel to the nearest exit and exit discharge when the direction of travel to the exit or exit discharge was not immediately apparent and the line-of-sight to an exit was not clearly visible:  (a) Roof Covering Engine Rooms:  On or about 10/1/2021, the employer did not post signs, clearly visible at all times, indicating the line-of-sight to the nearest exit and exit discharge to expedite employee discharge from the roof to a safe location outside free from potential health and fire hazards.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $11,396 · Current $6,496 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(c)(1):  The employer did not develop a written plan of action regarding the implementation of the employee participation required by this paragraph:  (a) Ammonia Refrigeration Systems: On or about October 1, 2022, the employer did not include employees in the development and implementation of their written plan of action titled, "Employee Participation Plan" to cover all aspects of process safety management program.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $14,502 · Current $8,023 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(d)(2)(i)(D): Process safety information pertaining to the technology of the process did not include the safe upper and lower limits for such items as temperatures, pressures, flows or compositions:  (a) Ammonia Refrigeration Systems:  On or about 10-1-2021,  the employer did not include written safe upper and lower pressure limits for D-Freezer.  Failure to include these limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   (b) Ammonia Refrigeration Systems:  On or about 10-1-2021, the employer did not include written  high-pressure discharge limit, lubrication oil pressure and temperature limits for Frigo-Pak Compressors in the A-B-C Freezers.  Failure to include these limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   (c) Ammonia Refrigeration Systems: On or about 10-1-2021. the employer did not include written  system pressure and device pressure for liquid pumps and oil pots.  Failure to include these limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(d)(2)(i)(E):  Process safety information pertaining to the technology of the process did not include an evaluation of the consequence of deviations, including those affecting the safety and health of employees:  (a) Hanover Foods Corporation, Clayton, DE:  On or about October 1, 2022, the employer failed evaluate the consequences of deviation with respect to failure to establish the safe upper and lower limits for process equipment such as D-Freezer equipment.   Failure to include this evaluation can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   (b) Hanover Foods Corporation, Clayton, DE:  On or about October 1, 2022, the employer failed evaluate the consequences of deviation with respect to failure to establish the safe upper and lower pressure limits for the Frigo-Pak Compressors in the A-B-C Freezers.   Failure to include this evaluation can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   (c) Hanover Foods Corporation, Clayton, DE:  On or about October 1, 2022, the employer failed evaluate the consequences of deviation with respect to failure to establish the safe upper and lower limits for process equipment such as  liquid pumps and oil pots.   Failure to include this evaluation can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR 1910.119(f)(1)(ii): The employer did not develop and implement written operating procedures that provided clear instructions for safely conducting activities involved in each covered process consistent with the process safety information that addressed operating limits:   (a) Ammonia Refrigeration Systems: On or about 10-1-2021, the employer did not provide clear instructions for safely conducting activities that addressed operating limits in that the operating procedures for the D Freezer in SOP No. 2 - D Freezer Standard Operating Procedure, did not include pressures in the freezer. Failure to include operating limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   (b) Ammonia Refrigeration Systems: On or about 10-1-2021, the employer did not provide clear instructions for safely conducting activities that addressed operating limits in that the operating procedures for the Frigo-Pak Compressors for A-B-C Freezers in SOP No. 4 - Frigo-Pak Compressors for A-B-C Freezers (When Operating the Frigo-Pak System) Standard Operating Procedure, did not include pump high pressure limit or oil pressure or temperature limits. Failure to include operating limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   (c) Ammonia Refrigeration Systems: On or about 10-1-2021. the employer did not provide clear instructions for safely conducting activities that addressed operating limits in that the operating procedures for the liquid pumps and oil pots in SOP No.13 - Oil Draining for Liquid Pumps and Oil Pots Standard Operating Procedure, did not include limits for system pressure and device pressure. Failure to include operating limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(f)(1)(iii)(C): The employer failed to ensure that the Process Safety Management Standard Operating Procedures included safety and health consideration such as control measures to be taken if physical contact or airborne exposure occurs:  a) FRIGO Engine Room and Freezers: On or about 10/1/2021, the employer's operating procedure titled Frigo Pak Compressors for A-B-C Freezers (When Operating the Frigo-PAK System) Standard Operating Procedure, SOP No 4 did not list the steps to be taken by the refrigeration techs if physical contact or airborne exposure to anhydrous ammonia occurs.  Failure to include these steps in the operating procedures can result in insufficient knowledge and inadequate protection of employees during a release.    b) Cold Storage, Engine and Pump Room: On or about 10/1/2021, the employer's The operating procedure titled Cold Storage Number 1 Standard Operating Procedure No 5, did not list the steps to be taken by the refrigeration techs if physical contact or airborne exposure to anhydrous ammonia occurs. Failure to include these steps in the operating procedures can result in insufficient knowledge and inadequate protection of employees during a release.  c) Cold Storage, Engine and Pump Room: On or about 10/1/2021, the employer's operating procedure titled Cold Storage Number 2 Standard Operating Procedure No 6, did not list the steps to be taken by the refrigeration techs if physical contact or airborne exposure to anhydrous ammonia occurs.  Failure to include these steps in the operating procedures can result in insufficient knowledge and inadequate protection of employees during a release.  d) Cold Storage, Engine and Pump Room: On or about 10/1/2021, the employer's operating procedure titled Cold Storage Number 3 Standard Operating Procedure No 7, did not list the steps to be taken by the refrigeration techs if physical contact or airborne exposure to anhydrous ammonia occurs.  Failure to include these steps in the operating procedures can result in insufficient knowledge and inadequate protection of employees during a release.  e) House Engine Room and FRIGO: On or about 10/1/2021, the employer's operating procedure titled Engine Room Standard Operating Procedure, No 8, did not list the steps to be taken by the refrigeration techs if physical contact or airborne exposure to anhydrous ammonia occurs.  Failure to include these steps in the operating procedures can result in insufficient knowledge and inadequate protection of employees during a release.  f) House Engine Room and FRIGO Engine Room: On or about 10/1/2021, the employer's operating procedure titled Oil Draining For Liquid Pumps and Oil Pots Standard Operating Procedure, SOP No. 13, did not list the steps to be taken by the refrigeration techs if physical contact or airborne exposure to anhydrous ammonia occurs.  Failure to include these steps in the operating procedures can result in insufficient knowledge and inadequate protection of employees during a release.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $14,502 · Current $7,251 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices:  (a) House Engine Room, Gray Roll Up Manual Door: On or about 10-1-2021, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 6.10.2 when doors to the engine room were not self-closing and tight-fitting (e.g. designed to act as part of the equipment system to provide a secondary containment for releases of ammonia from equipment in the machine room such that the ammonia does not migrate outside the machine room).  In particular, the engine room doors were rollup doors left in the open position.  Failure to ensure machinery doors are self-closing and tight-fitting can cause anhydrous ammonia to migrate outside of the machinery room exposing employees outside of the machinery room to toxic and fire hazards  (b) House Ammonia Engine Room: On or about 10-1-2021, the employer did not document that equipment complies with employer's chosen  RAGAGEP IIAR 2-2014 Section 6.10.2, when doors that are part of the means of egress were not equipped with panic hardware for occupants leaving the machinery room. .  Failure to ensure machinery doors are equipped with panic hardware can result in delayed emergency evacuation from the machinery room and exposure to fire and toxic hazard.   (c) FRIGO Engine Rooms: On or about 10-1-2021, the employer did not comply with their chosen RAGAGEP IIAR 2-2014 Section 6.15, when signage such as NFPA 704 placards, alarms, restricted access, and emergency control switch did not exist. Failure to provide appropriate signage such as restricted personnel access to machinery room could lead to unauthorized employees accessing/operating anhydrous ammonia equipment without proper training resulting in a loss of containment.  (d)  House Engine Room: On or about 10-1-2021, the employer did not comply with their chosen  RAGAGEP IIAR 2-2014 Section 6.15 when signage such as s NFPA 704 placards, alarms, restricted access, and emergency control switch did not exist. Failure to provide appropriate signage such as restricted personnel access to machinery room could lead to unauthorized employees accessing/operating anhydrous ammonia equipment without proper training resulting in a loss of containment  (e) FRIGO Engine Room: On or about 10-1-2021, the employer did not comply with their chosen RAGAGEP IIAR 2-2014 Section 6.14.3 .6, when the exhaust fans in the engine room was not equipped with non-sparking blades. Failure to ensure that the machinery room exhaust fans are non-sparking could result in unintended ignition of ammonia vapors during a release. Employees work on or near ammonia equipment of a regular basis. A release occurred in July of 2021. No injuries were reported.   (f) FRIGO Engine Room: On or about 10-1-2021, the employer did not comply with their RAGAGEP ANSI/ASHRAE Standard 15-2010 and IIAR Bulletin No. 109 as emergency ventilation fans were not on a separate electrical circuit and did not have a control switch immediately outside the rooms' doors.  (g)  House Engine Room: On or about 10-1-2021, the employer did not comply with their chosen RAGAGEP ANSI/ASHRAE Standard 15-2010 and IIAR Bulletin No. 109 as emergency ventilation fans were not on a separate electrical circuit and did not have a control switch immediately outside the rooms' doors.   (h) FRIGO Engine Room: On or about 10-1-2021, the employer did not comply with employer's chosen RAGAGEP IIAR 2-2014 6.12.1, when a clearly identified emergency shut-off switch with a tamper resistant cover was not located outside and adjacent to the designated principal machinery room door.    (i) House Engine Room: On or about 10-1-2021, the employer did not comply with employer's chosen RAGAGEP IIAR 2-2014 6.12.1, when a clearly identified emergency shut-off switch with a tamper resistant cover was not located outside and adjacent to the designated principal machinery room door.   (j) FRIGO Engine Room: On or about 10-1-2021, the employer did not comply with employer's chosen RAGAGEP, IIAR 2-2014 Section 6.7.3 when eyewash units inside the engine room were not maintained on a weekly basis to ensure proper function (i.e., suitable flushing of the eyes and body for immediate emergency use) to comply with ANSI/ISEA Z358.1 and IIAR 6 table 12.5 Required Inspection, Maintenance and Testing (2019). Failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  (k) Exterior of the FRIGO Engine Room: The employer did not document that equipment complied with their chosen RAGAGEP, IIAR 2-2014 Section 6.7.1 when a second eyewash/safety shower unit was not placed outside of the machinery room. Failure to provide a second eyewash station outside the machinery room can cause chemical burns to the eyes or skin if an employee were to be exposed while working in an area where anhydrous ammonia could be inadvertently released.    (l) House Engine Room: On or about 10/1/2021: The employer did not document that process piping which contained substances including but not limited to high pressure liquid ammonia, high pressure ammonia vapor, and low pressure ammonia vapor complied with RAGAGEP such as but not limited to IIAR 2-2014 Section 5.14.2, and IIAR Bulletin 114 -2019 in that the pipes in the engine room were not labeled to identify the refrigerant contained within that piping segment (i.e., ammonia), the physical state of the refrigerant, relative pressure level of the refrigerant and direction of flow.  Failure to properly label process equipment can lead to human error (i.e., opening the incorrect valve) when operating or performing maintenance on ammonia refrigeration process equipment, exposing employees to fire, explosion, and toxic release hazards.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Jun 3, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(e)(5): The employer did not establish a system to  assure that the recommendations are resolved in a timely manner ; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; and communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions:  Hanover Foods Corporation, Clayton, Delaware (with respect to ammonia refrigeration processes):  On or about 10-1-2022, the employer's established system, with respect to the 2018 Process Hazard Analysis (PHA), did not assure for the timely resolutions to recommendations and the completion of actions as soon as possible, nor develop a written schedule of when actions are to be completed for the following PHA items, exposing employees to  fire and chemical overexposure hazards posed by anhydrous ammonia in the event of an uncontrolled release.     (a) PHA No. 1.19:  RECOMMENDATION(S) - Consider updating Mechanical Integrity program to call out replacing relief valves that have opened.  DETERMINED ACTION(S) - Procedure will need developed and added to MI Program.  This is an ongoing hazardous condition that can result in the release of ammonia casuing serious injury to employees.  (b) PHA No. 1.23:  RECOMMENDATION(S) - Consider replacing Micro panels in System #4 to replace obsolete equipment to allow safe starting of compressor.  DETERMINED ACTION(S) - Need to gather more information on recommendation.    This is an ongoing hazardous condition that can result in possible damage to a compressor with a subsequent ammonia release into the engine room causing serious injury to employees.  (c) PHA No. 1.25:  RECOMMENDATION(S) - Install proper relief protection piped back to the oil separator.  DETERMINED ACTION(S) - Need to gather more information on recommendation.  This is an ongoing hazardous condition that can result in the release of ammonia causing serious injury to employees.  (d) PHA No. 3.04:  RECOMMENDATION(S) - Consider documented training for operators on manual defrost.  DETERMINED ACTION(S) - SOP needs to be created and training done to ensure operators understand the manual defrost process.  This is an ongoing hazardous condition that can result in the release of ammonia casuing serious injury to employees.  (e) PHA No. 3.06:  RECOMMENDATION(S) - Create Preventative Maintenance for high level cut out testing and verification of proper compressor shutdown.  DETERMINED ACTION(S) - PM needs created in CMNS to frequency, refrigeration contractor will complete testing.  This is an ongoing hazardous condition that can result in possible damage to a compressor with a subsequent ammonia release into the engine room causing serious injury to employees.  (f) PHA No. 3.15:  RECOMMENDATION(S) - Review SOP to ensure oil draining process is covered for oil pots.  DETERMINED ACTION(S) - SOP's will be reviewed and updated accordingly.  (g) PHA No. 3.3:  RECOMMENDATION(S) - Consider adding mechanical low level cut out for  pumps to CS-2, Frigo, Flume and D recirculators.  DETERMINED ACTION(S) - Need to gather additional information pertaining to recommendation.  This is an ongoing hazardous condition that can result in the release of ammonia causing serious injury to employees.  (h) PHA No. 4.07:  RECOMMENDATION(S) - Evaluate pump discharge check valve and isolation valve arrangement for proper protection.  DETERMINED ACTION(S) - Need to gather more information on recommendation.  This is an ongoing hazardous condition that can result in damage to a pump and loss of seal and a subsequent release of ammonia causing serious injury to employees.  (I) PHA No. 4.09:  RECOMMENDATION(S) - Add pump discharge reading to shift round sheet.  DETERMINED ACTION(S) - Will need to review current log sheet to see if pressure is being documented.  (j) PHA No. 5.01:  RECOMMENDATION(S) - Update shift round sheet to inspect heat exchangers.  DETERMINED ACTION(S) - Need to review current log sheet to see if information was added.  (k) PHA No. 6.1:  RECOMMENDATION(S) - Investigate protecting units from being struck by forklift. DETERMINED ACTION(S) - Need to gather more information on recommendation.  (l) PHA No. 6.24:  RECOMMENDATION(S) - Training for refrigeration Operators to do defrost. Consider upgrading to hot gas defrost evaporators.  DETERMINED ACTION(S) - SOP needs to be created and training done to ensure operators understand the manual defrost process. Need to get quotes for upgrading evaporators to hot gas defrost.  This is an ongoing hazardous condition that can result in a tube leak or ruptures due to high pressure or corrosion, with subsequent ammonia release from the evaporator system causing serious injury to employees.  (m) PHA No. 7.03: RECOMMENDATION(S) - Investigate creating SOP to cover liquid transfer scenarios. DETERMINED ACTION(S) - SOP needs to be created.  This is an ongoing hazardous condition that can result in no transfer, possible high level in the suction trap and compressor damage with a release of ammonia casuing serious injury to employees.  (n) PHA No. 8.01: RECOMMENDATION(S) - Add purger inspection to daily shift rounds. DETERMINED ACTION(S) - Need to review current log sheet to see if information was added.  This is an ongoing hazardous condition that can result in the release of ammonia causing serious injury to employees.  (o) PHA No. 11.02:  RECOMMENDATION(S) - Evaluate insulation on pipe and vessels and develop 5-year and then continues plan. Remove all Arma-Flex insulation from piping to prevent premature corrosion.  DETERMINED ACTION(S) - Insulation repair list needs created.  This is an ongoing hazardous condition that can result in the release of ammonia due to a pipe break causing serious injury to employees.  (p) PHA No. 11.02:  RECOMMENDATION(S) - Evaluate insulation on pipe and vessels and develop 5-year and then continues plan. Remove all Arma-Flex insulation from piping to prevent premature corrosion.  DETERMINED ACTION(S) - System review needs done of areas that insulation needs removed and corrective actions after insulation is removed.  This is an ongoing hazardous condition that can result in the release of ammonia due to a pipe break  causing serious injury to employees.  (q) PHA No. 12.01:  RECOMMENDATION(S) - Evaluate rooftop access, consider evaluating condenser SOPs for emergency shut down at compressors.  DETERMINED ACTION(S) - Condenser SOP's need reviewed for emergency shutdown at the compressors.  (r) PHA No. 12.11:  RECOMMENDATION(S) - Review Emergency Action Plan to determine if parts ERP is present, clearly define one or others.  DETERMINED ACTION(S) - Complete program review needs done to ensure proper information is in place.  (s) PHA No. 12.22:  RECOMMENDATION(S) - Review exterior showers for availability and code requirement, Review rooftop eyewash DETERMINED ACTION(S) - Will evaluate areas for best placement for eyewash stations.  This is an ongoing hazardous condition that can result in the increased severity of employee injury as rinsing of ammonia from the eyes or skin is delayed.   Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Jun 3, 2022

Penalty

Initial $11,396 · Current $6,496 Reduced

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 did not document that deficiencies had been corrected.  Hanover Foods Corporation, Clayton, Delaware (with respect to ammonia refrigeration processes): On or about 10-1-2022, the employer did not promptly document the corrections for deficiencies (items listed below) identified in their 2021 compliance audit, exposing employees to fire and toxic hazards posed by anhydrous ammonia in the event of an uncontrolled release  (a)  Item 2:  The Process Safety Information does not contain adequate required documentation of an evaluation of consequence of deviation from safe upper and lower operating parameters.  This is an ongoing hazardous condition that can result in the release of ammonia causing serious injury to employees.  (b) Item 4:  Liquid ammonia lines in freezer have no protection against damage from forklift traffic / freight movement.  Additionally, a liquid ammonia pump package is in a remote isolated room with no ventilation nor detection.  These are ongoing hazardous conditions that can result in the release of ammonia causing serious injury to employees.    (c). Item 5:  The facility has no system to address and document PHA team findings and recommendations.  (d) Item 7:  There is no system to ensure that the recommendations of the PHA team are resolved in a timely manner, documented, and communicated to affected employees in accordance with an established schedule.  (e) Item 8:  The facility SOP do not address all applicable operating limits, discussion of consequences of deviation, and safety system utilized.   This is an ongoing hazardous conditions that can result in the release of ammonia causing serious injury to employees.    (f) Item 10:  The facility has no written maintenance procedures or schedule for inspections and tests on process equipment based on manufacturers' recommendations and/or recognized and generally accepted good engineering practices (RAGAGEP).  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $11,396 · Current $6,496 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(j)(2): The employer did not establish or implement written procedures to maintain the on-going integrity of process equipment:   a) House Engine Room:  On or about 10/1/2021, the employer did not implement  their written procedures to maintain the on-going integrity of process titled, "Replacement of Piping or Fittings", to clean corroded metal surfaces, and then apply corrosion inhibitor along the C-2 HSS pipe run identified as having visible corrosion, allowing for accelerated pipe corrosion, potentially resulting in pipe failure and subsequent employee exposure to an ammonia inhalation hazard which can result in serious illness or death.  b) House Engine Room:  On or about 10/1/2021, the employer did not implement  their written procedures to maintain the on-going integrity of process titled, "Replacement of Piping or Fittings", to clean corroded metal surfaces, and then apply corrosion inhibitor along the C-7 LSS pipe run identified as having visible corrosion and insulation removed, allowing for accelerated pipe corrosion, potentially resulting in pipe failure and subsequent employee exposure to an ammonia inhalation hazard which can result in serious illness or death.  c) House Engine Room:  On or about 10/1/2021, the employer did not implement  their written procedures to maintain the on-going integrity of process titled, "Replacement of Piping or Fittings", to clean corroded metal surfaces, and then apply corrosion inhibitor along the P-1 Recirculator E L TRS pumped liquid piping identified as having visible corrosion, allowing for accelerated pipe corrosion, potentially resulting in pipe failure and subsequent employee exposure to an ammonia inhalation hazard which can result in serious illness or death.  d) FRIGO Engine Room:  On or about 10/1/2021, the employer did not implement  their written procedures to maintain the on-going integrity of process titled, "Replacement of Piping or Fittings", to  clean corroded metal surfaces, and then apply corrosion inhibitor and replace the insulation along the Compressor 11-FC1 LSS piping identified as having damaged insulation, allowing for accelerated pipe corrosion, potentially resulting in pipe failure and subsequent employee exposure to an ammonia inhalation hazard which can result in serious illness or death.  e) FRIGO Engine Room:  On or about 10/1/2021, the employer did not implement  their written procedures to maintain the on-going integrity of process titled, "Replacement of Piping or Fittings", to clean corroded metal surfaces, and then apply corrosion inhibitor along the Compressor 11-FC1 HSD piping identified as having slight visible corrosion, allowing for accelerated pipe corrosion, potentially resulting in pipe failure and subsequent employee exposure to an ammonia inhalation hazard which can result in serious illness or death.  f) FRIGO Engine Room:  On or about 10/1/2021, the employer did not implement  their written procedures to maintain the on-going integrity of process titled, "Replacement of Piping or Fittings", to clean corroded metal surfaces, and then apply corrosion inhibitor along the Compressor 11-FC2 HSS  piping identified as having insulation vapor barrier leaks, allowing for accelerated pipe corrosion, potentially resulting in pipe failure and subsequent employee exposure to an ammonia inhalation hazard which can result in serious illness or death.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $11,396 · Current $6,496 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(n): The employer did not establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38 for handling small releases.  a) Facility: On about 10/1/2021, the employer failed to establish and implement an emergency action plan in accordance with the provisions of 29 CFR 1910.38 for handling small releases.   b) Facility: On about 10/1/2021, the employer failed to establish and implement an emergency action plan describing procedures to be followed by employees who remain to operate critical plant operations before they evacuate when handling small releases.   Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written record.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $11,396 · Current $6,496 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.120(q)(2)(ii): The emergency response plan did not address, to the extent not addressed elsewhere,  emergency recognition and prevention:  a) Hanover Foods Facility: Hanover employees on the emergency response team are expected to respond to releases of ammonia, under the employer's Emergency Response Plan. The Emergency Response Plan did not address or define the concentrations of ammonia that would be considered a small, incidental release and what would be a large release requiring an emergency response, on or about 10/1/2021.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written record.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $34,183 · Current $19,484 Reduced

General-duty citation text

29 CFR 1910.22(a)(1): The employer did not ensure that all places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.   a) FRIGO Engine Room: On or about September 29, 2021, the employer failed to properly dispose of  cigarette butts  exposing employees to  a potential fire hazard.    b) House Engine Room: On or about September 29, 2021, the employer failed to keep the floors dry of wet, oily liquids, exposing employees to a slip-trip hazard.    Hanover Foods Corporation was previously cited for a violation of this Occupational Safety and Health Standard, its equivalent, or essentially similar standard , 29 CFR 1910.119(j)(5), which was contained in OSHA inspection number 1390093, citation number 1, item number 2 and was affirmed as a final order on 5/11/2020, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $56,980 · Current $32,479 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:   (a) FRIGO Engine Room:  On or about 10-1-2021, the employer did not provide a suitable eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia.  The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  (b) Rooftop:  On or about 10-1-2021, the employer did not provide a suitable eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia.  The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  Hanover Foods Corporation was previously cited for a violation of this Occupational Safety and Health Standard, its equivalent, or essentially similar standard 1910.151(c), which was contained in OSHA inspection number 1390093, citation number 1, item number 1 and was affirmed as a final order on 5/11/2020, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 28, 2022

Abate by

Apr 21, 2022

Penalty

Initial $56,980 · Current $32,479 Reduced

Hazardous substances 0170

General-duty citation text

1910.119(j)(5): The employer did not correct deficiencies in equipment that are outside acceptable limits before further use or in a safe and timely manner when necessary means are taken to assure safe operation:  a) House Engine Room: On or about 10/1/2021, the employer failed to clean, and paint corroded metal surfaces under layers of wet insulation and damaged vapor barrier and then replace the insulation and vapor barrier on Intercooler #4. A potential break along degraded metal surfaces results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  b) FRIGO Engine Room: On or about 10/1/2021, the employer failed to clean, and paint corroded metal surfaces under layers of insulation and damaged vapor barrier and then replace the insulation and vapor barrier along a C-7 LSS pipe run. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  c) FRIGO Engine Room: On or about 10/1/2021, the employer failed to clean, and paint corroded metal surfaces under layers of insulation and damaged vapor barrier and then replace the insulation and vapor barrier along a C-7 LSS pipe run. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  d) House Engine Room: On or about 10/1/2021, the employer failed to clean, and paint corroded metal surfaces under layers of insulation and damaged vapor barrier and then replace the insulation and vapor barrier along a C-2 HSS pipe run. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  e) FRIGO Engine Room: On or about 10/1/2021, the employer failed to replace unsuitable Armaflex Insulation along a pipe run at the Oil Separator Cooler. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  f) House Engine Room: On or about 10/1/2021, the employer failed to replace pipe runs along the C-2 compressor suction header when ultrasonic testing (UT) indicated corrosion on this equipment beyond the 10% degradation threshold for replacement. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  g) House Engine Room: On or about 10/1/2021, the employer failed to replace Intercooler-4 pipe runs along a coil out vertical nipple on one and a quarter inch piping (sample ID 2)  on the tank when ultrasonic testing (UT) indicated corrosion on this equipment beyond the 10% degradation threshold for replacement. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  h) House Engine Room: On or about 10/1/2021, the employer failed to replace Intercooler-4 pipe runs along a coil in nipple on tank one and a quarter inch piping (sample ID 3) on the tank when ultrasonic testing (UT) indicated corrosion on this equipment beyond the 10% degradation threshold for replacement. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  i) FRIGO Engine Room: On or about 10/1/2021, the employer failed to replace pipe runs along the freezer e-pump receiver minimum flow piping, the top and bottom nipples on the mushroom suction trap level column, and a five-inch horizontal length of pipe on EC-1 area piping where EC-8 west and EC-8 east condenser drain piping meet before draining into the HPR-1when ultrasonic testing (UT) indicated corrosion on this equipment beyond the 10% degradation threshold for replacement. A potential break along these pipe runs results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  j) House Engine Room: On or about 10/1/2021, the employer failed to replace Intercooler-4 pipe runs along a coil out vertical nipple on one and a quarter inch piping (sample ID 1) on the tank when ultrasonic testing (UT) indicated corrosion on this equipment beyond the 10% degradation threshold for replacement. A potential break along this pipe run results in loss of containment of ammonia in the system and employee exposure to ammonia via inhalation which can result in serious illness or death.  k) FRIGO Engine Room: On or about 10/1/2021, the employer failed to keep the FRIGO oil separator cooler free from excessive ice buildup, potentially hindering the operation of a safety relief valve, exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.  l) House Engine Room: On or about 10/1/2021, the employer failed to keep the Intercooler-4 Oil Pot (on the pump pack) free from excessive ice buildup, potentially hindering the operation of a safety relief valve, exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.  m) House Engine Room: On or about 10/1/2021, the employer failed to keep the C-9 LIC line  from excessive ice buildup. This ice buildup has the potential to inhibit access and operation to valves and, to result in damage to equipment due to the ice's shear weight, exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.  Hanover Foods Corporation was previously cited for a violation of this Occupational Safety and Health Standard, its equivalent, or essentially similar standard , 29 CFR 1910.119(j)(5), which was contained in OSHA inspection number 1390093, citation number 1, item number 2 and was affirmed as a final order on 5/11/2020, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Pursuant to 29 CFR 1903.19, the employer must submit abatement certification and documentation, required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.