OSHA Inspection: LACTALIS HERITAGE DAIRY, INC.

Issued

Jul 22, 2022

Abate by

Dec 8, 2022

Penalty

Initial $14,502 · Current $10,000 Reduced

Hazardous substances M102

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 employees were exposed to combustible powdered milk product dust fire, deflagration, and explosion hazards while working at or near an indoor spray dryer system (drying chamber, cyclones, baghouse, drum dryer, fluidized bed, ribbon mixer, scale hoppers, sifter, box filler, and connecting ductwork). The system operated in a manner where uncontrolled fire, deflagration propagation, and explosion hazards were present from the processing of combustible powdered milk product (cheese) dust. The system was operated without a means of fire protection (detection, shutdown, and suppression) to prevent the development of a fire condition, without means of deflagration propagation protection (isolation systems) to prevent the spread of a pressurized flame between the equipment within the spray dryer system, without a means of explosion protection for the spray dryer, and without a means of explosion protection for the cyclones to prevent an overpressure of those vessels:   On March 1, 2022, at a facility located at 1007 Townline Road, Wausau, WI 54403; the powdered cheese drying system (direct fired natural gas spray dryer, six cyclones in parallel, aerodyne cyclone with negative pressure air-material inlets, a filter media dust collector with negative pressure air-material inlet and sock media filters, direct fired natural gas drum dryer, multiple hoppers, ribbon blender, sifter, fluidized bed, and box filler) handling powder dust (whey, cheese solids), presented combustible dust fire, explosion and deflagration propagation hazards as the system was operated without:       1) a means of fire protection (detection, shutdown, and suppression) to prevent the development of a fire condition;       2) a means of deflagration propagation protection (isolation systems) to prevent the spread of a pressurized flame between the equipment within the spray dryer system; and       3) a means of explosion protection for the spray dryer and fines recovery cyclone to prevent overpressure of those vessels.

Issued

Jul 22, 2022

Abate by

Aug 30, 2022

Penalty

Initial $14,502 · Current $6,000 Reduced

Hazardous substances M110

General-duty citation text

29 CFR  1910.22(a)(1):  All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition:  On March 1, 2022, at a facility located at 1007 Townline Road, Wausau, WI 54403; the employer did not keep all places of employment and walking-working surfaces in a clean and orderly condition. Accumulations of fugitive combustible powdered cheese product dust were present on walking-working surfaces, elevated surfaces and equipment near the first and second floors in the Spray Dryer area. Employees were exposed to hazards from fire, flash fires and deflagration.

Issued

Jul 22, 2022

Abate by

Aug 30, 2022

Penalty

Initial $8,287 · Current $4,500 Reduced

General-duty citation text

29 CFR  1910.28(b)(1)(i):  Except as provided elsewhere in this section, the employer must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by guardrail systems, safety net systems, or personal fall protection systems:  At a facility located at 1007 Townline Road, Wausau, WI 54403; the employer did not ensure that each Dryer Operator and Maintenance employee walking-working on the top of the Spray Dryer near the atomizer was protected from falling by guardrail systems, safety net systems, or personal fall protection systems. Employees were exposed to falls greater than 6 feet to the next level down.

Issued

Jul 22, 2022

Abate by

Dec 8, 2022

Penalty

Initial $0 · Current $6,000

Hazardous substances 9135

General-duty citation text

29 CFR  1910.1000(e):  To achieve compliance with paragraphs (a) through (d) of this section, administrative or engineering controls must first be determined and implemented whenever feasible. When such controls are not feasible to achieve full compliance, protective equipment or any other protective measures shall be used to keep the exposure of employees to air contaminants within the limits prescribed in this section. Any equipment and/or technical measures used for this purpose must be approved for each particular use by a competent industrial hygienist or other technically qualified person. Whenever respirators are used, their use shall comply with 1910.134:   On March 11, 2022, at a facility located at 1007 Townline Road, Wausau, WI 54403; the employer did not achieve compliance with paragraph (a) of this section by determining and implementing feasible engineering and administrative controls when Boxer employees were exposed to concentrations of particulate not otherwise regulated (PNOR) exceeding the permissible exposure limit (PEL) of 15 mg/m^3 as an 8-hour TWA.