OSHA Inspection: GATHERED FOODS

Issued

May 26, 2022

Abate by

Jun 8, 2022

Penalty

Initial $5,801 · Current $3,481 Reduced

General-duty citation text

29 CFR  1910.28(b)(6)(i):(i) Each employee less than 4 feet (1.2 m) above dangerous equipment is protected from falling into or onto the dangerous equipment by a guardrail system or a travel restraint system, unless the equipment is covered or guarded to eliminate the hazard.  a.	On or about January 25, 2022, during equipment disassembly activities on the Bagger platform, Sanitation employees are not protected from falling onto the bagging machine through an opening in the platform. Following bagging machine use for product packaging, Sanitation department employees are required to disassemble individual components of machine including "chute" or "feed" components where product is transferred into the bagging machine by an incline conveyor. During disassembly activities, employees work above and in an opening in the platform that measures approximately 39 inches by 39 inches without a travel restraint system, a guardrail system or other fall protection system to comply with this part. Additionally, exposed employees could fall onto the ground floor surface below the platform.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $7,252 · Current $4,352 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(c)(1):Employers shall develop a written plan of action regarding the implementation of the employee participation required by this paragraph.  a. On or about January 25, 2022, the employer had not developed and implemented a written plan for employee participation as required by this part for the process safety management program for the ammonia refrigeration  system. Ammonia when catastrophically  released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(c)(3):Employers shall provide to employees and their representatives access to process hazard analyses and to all other information required to be developed under this standard.  a. On or about January 25, 2022, the employer had not provided employees, such as maintenance employees who operate the ammonia refrigeration system, access to the initial process hazard analysis, or other information  required to be included in the process safety management program for ammonia system (such as written mechanical integrity documentation, process safety information and safe operating procedures.) Ammonia when catastrophically  released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $7,252 · Current $4,351 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(e)(3):  The process hazard analysis shall address:  29 CFR  1910.119(e)(3)(v):  Facility siting;   a. On or about and prior to January 25, 2022, the employer failed to completely address identify, evaluate, and control the hazards involved in the process including the use of the employee break room as the designated point, or rallying point, for emergency action plan use; in the event of an ammonia release. The facility siting section in the initial process hazard analysis What-If checklist worksheet did not address use of the break room as an emergency action plan safe location for gathering of employees during a catastrophic release from the ammonia refrigeration system. Ammonia when catastrophically  released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(e)(5):The employer shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be 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 or actions.  a. On or about and prior to January 25, 2022, the employer failed to establish a system to address the findings and recommendations of the initial process hazard analysis; failed to assure that the 41 pages of recommendations were resolved and documented as resolved; failed to develop a written schedule for completion and failed to communicate with employees affected by the recommendations and actions for resolution. Ammonia when catastrophically  released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $7,252 · Current $4,351 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(f)(1):The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.  a.	On or about January 25, 2022, the employer failed to develop and implement written operating procedures for safe operation of the ammonia refrigeration system. Ammonia when catastrophically released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(f)(2):Operating procedures shall be readily accessible to employees who work in or maintain a process.  a. On or about January 25, 2022, the employer failed to make operating procedures readily accessible, in that operating procedures for ammonia refrigeration system had not been fully developed and implemented as required by 1910.119(f).  Ammonia when catastrophically released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(f)(3):The operating procedures shall be reviewed 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 shall certify annually that these operating procedures are current and accurate.  a. On ofrabout January 25, 2022, the employer failed to review and certify annually that operating procedures were complete, current and accurate. Ammonia when catastrophically released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(g)(1)(i):Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.  a. On or about January 25, 2022, the employer failed to implement an employee training program to include all the required elements by this part. Employees who operated the ammonia refrigeration system had not been trained in the operating procedures as required by this part and the employer did not have a training program for safe work practices applicable to ammonia refrigeration system operator job tasks. Ammonia when catastrophically released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $7,252 · Current $4,351 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(j)(2):Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment.  On or about and prior to January 25, 2022, the employer failed to establish and implement written procedures to maintain the on-going integrity of the ammonia refrigeration system. Ammonia when catastrophically released from a refrigeration system poses an asphyxiation hazard to employees.

Issued

May 26, 2022

Abate by

Jun 16, 2022

Penalty

Initial $10,151 · Current $6,091 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(ii):Procedures did not clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, 29 CFR 1910.147(c)(4)(ii)(A), (c)(4)(ii)(B), (c)(4)(ii)(C) and (c)(4)(ii)(D):  a. On or about January 25, 2022, the employer failed to develop machine specific procedures for use during covered activities, such as daily sanitation of equipment, for the purpose of energy control (i.e. lockout/tagout) when working in the danger zone of machines. The employer did not have documented machine specific energy control procedures for equipment, such as but not limited to the Wenger extruder, the Wenger preconditioner and the Blentech Mixer. Employees have exposure to potential caught-in, contact and crushing hazards during covered activities. Sanitation employees covered activities include hand cleaning with a scratch pad on the auger component of the preconditioner and hand cleaning with a brush inside the area of the discharge doors for the mixer.

Issued

May 26, 2022

Abate by

Jun 16, 2022

Penalty

Initial $10,151 · Current $6,091 Reduced

General-duty citation text

29 CFR  1910.147(c)(7)(i)(A):Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.  a.	On or about and prior to January 25, 2022, the employer failed to provide authorized employee training for hazardous energy control (lockout/tagout). Maintenance employees and Sanitation employees perform routine tasks that are covered duties under this part including, but not limited to, routine machine repair throughout the facility, preventive maintenance activities on the ammonia refrigeration system and routine cleaning in the danger zone of production equipment.

Issued

May 26, 2022

Abate by

Jun 16, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(c)(7)(i)(B):Each affected employee shall be instructed in the purpose and use of the energy control procedure.  a.	On or about and prior to January 25, 2022, the employer failed to provide affected employee training for hazardous energy control (lockout/tagout). Authorized employees perform daily activities covered by this standard and the employer does not provide training for employees affected by those activities in the production department and for second shift employees who do not perform tasks covered by this part, such as Wash Room single disassemble component cleaning/sanitization.

Issued

May 26, 2022

Abate by

Jun 16, 2022

Penalty

Initial $10,151 · Current $6,091 Reduced

General-duty citation text

29 CFR  1910.147(d)(4)(i):Lockout or tagout devices shall be affixed to each energy isolating device by authorized employees.  a. On or about and prior to January 25, 2022, Sanitation employees  performing daily job tasks covered by this part did not affix lockout (or  tagout) devices to energy isolating devices as part of procedures for control  of hazardous energy. These second shift activities involve employee  exposure to hazards associated with the danger zone of equipment such as  caught-in, contact and crushing hazards. Sanitation employees covered  activities performed without the application of lockout tagout devices  include hand cleaning with a scratch pad on the auger component of the  preconditioner for the Wenger extruder and hand cleaning with a brush  inside the area of the discharge doors for the Blentech mixer.

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.303(b)(2):Installation and use. Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.  a. On or about and prior to January 25, 2022, an extension cord was used in lieu of permanent electrical power supply  equipment and was "wire tied" onto the bagger platform structure. The extension cord supplied power to bagger machine equipment (Domino date coder).

Issued

May 26, 2022

Abate by

Jul 1, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1):Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.  a. On or about January 25, 2022, the employer failed to provide information and training on hazardous chemicals for employees at the time of their initial assignment. Sanitation employees worked with hazardous chemicals such as but not limited to food grade cleaners and food grade surface cleaners with skin irritation and defatting hazards associated with routine use.