OSHA Inspection: MCDOWELL AND WALKER, INC.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $4,351 · Current $4,036 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) 11 Mill Street, Afton NY 13730: On or about 2/22/2022, an employee accessing the Repair shop storage, located on the mezzanine, was exposed to a trip hazard when the employer failed to ensure the access stairway was kept clear. Boxes of varying sizes were located on the stairs.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $5,801 · Current $0 Reduced

General-duty citation text

29 CFR 1910.28(b)(3)(ii): The employer did not ensure that each employee be protected from tripping into or stepping into or through any hole that is less than 4 feet (1.2 m) above a lower level by covers or guardrail systems.   a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, employees were exposed to a receiving pit that was less than 4 feet above a lower level covered by grates with an approximate width of 4 inches. The uncovered receiving pit was located outside of the Mill Building. The receiving pit was also located in the direct path employees used to travel to silo/bins and rail car hookup areas.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $4,351 · Current $0 Reduced

General-duty citation text

29 CFR 1910.37(a)(3): Exit route(s) were not kept free and unobstructed:   a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, while employee worked in the repair shop, the exit route in the repair shop was blocked by large pieces of equipment and vehicle parts on the floor, exposing employees to a trip hazard and obstructing their path to the exit.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $4,351 · Current $4,036 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) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, The drill press in the repair shop had a guard that was either broken off or removed, exposing employees to flying chips or sparks.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $7,252 · Current $6,726 Reduced

General-duty citation text

29 CFR  1910.272(e)(1): The employer did not provide training to new employees prior to starting work that job assignments would expose them to hazards in the grain handling facilities:  a) 11 Mill Street, Afton, NY 13730: On or about 12/2/2021, employees working as main baggers and drivers in the grain receiving, storage, processing and bagging areas of a feed mill had received no training on the hazards of grain handling prior to the beginning their job duties, which included entering confined spaces, loading feed into trucks, bagging feed, transporting feed into the bins, and housekeeping duties related to grain handling operations.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $10,151 · Current $9,415 Reduced

General-duty citation text

29 CFR  1910.272(g)(1)(i): The employer did not issue a permit for entering bins, silos or tanks in the grain handling facility before the employees entered the bins, silos, or tanks  a) 11 Mill Street, Afton, NY 13730: On or about 11/29/2021, the employer directed an employee to enter the bin known as J-1, or Jumbo, without first issuing a permit.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $10,151 · Current $9,415 Reduced

General-duty citation text

29 CFR  1910.272(g)(1)(ii): Prior to entry, all mechanical, electrical, hydraulic, and pneumatic equipment which presented a danger to employees inside grain storage structures in the grain handling facility were not disconnected, locked out and tagged.  a) 11 Mill Street, Afton, NY 13730: On or about 11/29/2021, the employer failed to disconnect, lock out, and tag out feed transport equipment while an employee was inside the grain storage bin known as J-1, or Jumbo; and as a result, the feed transport equipment was activated while the employee was inside of Jumbo.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $7,252 · Current $6,726 Reduced

General-duty citation text

29 CFR  1910.272(j)(1):The employer did not develop and implement a written housekeeping program that established the frequency and the method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.  a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, the employer's written housekeeping program did not establish the frequency and the method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(j)(1):The employer did not develop and implement a written housekeeping program that established the frequency and the method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.  a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, the employer's written housekeeping program did not establish the frequency and the method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $4,351 · Current $4,036 Reduced

General-duty citation text

29 CFR 1910.272(m)(3):  A certification record was not maintained of each inspection, performed in accordance with paragraph (m), containing the date of the inspection, the name of the person who performed the inspection and the serial number, or other identifier, of the equipment specified in paragraph (m)(1)(i) of this section that was identified.  a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, the employer's certification records for inspections performed on equipment including but not limited to the grain bin elevator and pellet mill did not include the full date of the inspections or the name of the employee(s) who performed the inspection(s).

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $72,514 · Current $70,610 Reduced

General-duty citation text

29 CFR  1910.272(g)(2): When entering the grain handling facility bins, silos, or tanks from the top, employees did not wear a body harness with lifeline, or use a boatswain's chair that met the requirements of Subpart D, 29 CFR 1910.28(j)  a) 11 Mill Street, Afton, NY 13730: On or about 11/29/2021, the employer directed an employee to enter the bin known as J-1, or Jumbo, without providing a body harness with lifeline or boatswain's chair, exposing the employee to engulfment hazards.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $72,514 · Current $0 Reduced

General-duty citation text

29 CFR  1910.272(g)(4): The employer did not provide equipment for rescue operations, which was specifically suited for the bin, silo, or tank being entered.  a) 11 Mill Street, Afton, NY 13730: On or about 11/29/2021, the employer directed an employee to enter the bin known as J-1, or Jumbo, without providing the employee with equipment for rescue operations, specifically suited for the bin, exposing the employee to engulfment hazards.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.157(c)(1): Portable fire extinguishers were not mounted, located and identified so that they were readily accessible without subjecting the employees to injuries:  a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, the fire extinguisher in the warehouse was blocked by pallets of bagged product, exposing employees who may need to access the fire extinguisher to a trip hazard.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.303(g)(1):Sufficient access and working space was not provided and maintained about all electric equipment (operating at 600 volts, nominal, or less to ground) to permit ready and safe operation and maintenance of such equipment:  a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, the electrical panel box in the warehouse was blocked by pallets of product, exposing employees to a trip hazard, and making employees unable to access panel box.

Issued

May 26, 2022

Abate by

Oct 16, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(f)(6)(ii): 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 product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical  a) 11 Mill Street, Afton, NY 13730: On or about 2/22/2022, in the repair shop, employees were exposed to an unlabeled bottle containing  what the employer described as "lubricant."  The bottle itself and the immediate area where it was located offered no indication whether it was a beverage meant for human consumption or a chemical used for the purposes of repairing vehicles.