OSHA Inspection: C H GUENTHER & SON

Issued

Aug 25, 2022

Abate by

Jun 13, 2023

Penalty

Initial $7,925 · Current $7,283 Reduced

General-duty citation text

29 CFR 1910.22(d)(1): The employer did not ensure that walking-working surfaces are inspected, regularly and as necessary, and maintained in a safe condition: (a) On or about March 1, 2022 and at times prior thereto, in the engine room for the refrigeration process at the Pioneer Foods manufacturing facility in Duncanville, Texas, a flexible electrical cord that was being used to supply power from an electrical outlet to an equipment control panel was lying on the floor in the walking pathway between equipment and presenting a tripping hazard.

Issued

Aug 25, 2022

Abate by

Jun 13, 2023

Penalty

Initial $13,052 · Current $7,283 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(d)(3)(i)(E): Information pertaining to the equipment in the process did not include ventilation system design.   (a) On or about March 1, 2022 and at times prior thereto, at the Pioneer Frozen Foods facility in Duncanville, Texas,  employees were exposed to ammonia chemical hazards when the employer did not include the design of ventilation system in its process safety information to show that its capacity and operation will protect workers if significant release of ammonia occurs.

Issued

Aug 25, 2022

Abate by

Jun 13, 2023

Penalty

Initial $7,925 · Current $3,642 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(e)(5):The employer did not establish a system to promptly address the team's findings and recommendations; assure that the recommendations were resolved in a timely manner and that the resolution was documented; document what actions were to be taken; complete actions as soon as possible; develop a written schedule of when these actions were to be completed; communicate the actions to operating, maintenance and other employees whose work assignments were in the process and who may have been affected by the recommendations or actions:  On or about March 1, 2022 and at times prior thereto at the Pioneer Frozen Foods facility in Duncanville, TX, the employer did not establish a system to promptly address and track findings and document the resolution of recommendations action items resulting from the PHAs that were performed when:  (a)	The employer had not documented the resolution of the action item to evaluate the emergency evacuation procedures that was initially identified as a potential hazard to workers during the 2018 PHA.  The 2018 PHA states: There are no assigned responsibilities in the event of an emergency situation. Inaction, confusion, or wrong actions results, increasing the exposure to hazardous consequences.  An inadequate or obsolete evacuation procedure could cause employee overexposure to ammonia during an emergency situation involving ammonia release anywhere in the facility.  (b)	The employer had not documented the resolution of the action item to evaluate the emergency ventilation system and address potential hazards to workers that were initially identified during the 2018 PHA.    The 2018 PHA states: Ventilation system not up to code for emergency situations, does not activate due to high levels of NH3 (NH3 detectors not interlocked with ventilation system).  Failure to evaluate the emergency ventilation system could result in employee overexposure to ammonia during an emergency situation involving ammonia release in the engine room.  (c)	The employer had not documented the resolution of the action item to evaluate whether it would implement a HazMat team.   The 2018 PHA states: Emergency equipment is incompatible between emergency response teams (e.g., fire department, hazardous response contractors, local emergency response teams, etc.). This results in an increased exposure to hazardous consequences. Inadequate response to an  emergency situation involving ammonia release could cause employee overexposure to ammonia.   (d)	The employer had not documented its resolution of the action item to evaluate ammonia detection system and number of ammonia sensors for the process.  The 2018 PHA states: If there are not sufficient ammonia detectors at the facility an ammonia release may not be detected.  Failure to evaluate the ammonia detection system and number of ammonia sensors could cause employee overexposure to ammonia during an emergency situation involving ammonia release anywhere in the facility.  (e)	The employer had not documented its resolution of the action item to evaluate failure of its SCADA system which was identified as a potentially hazardous condition during PHA of the process.  The 2018 PHA states that if a computer-control system fails, control of the refrigeration system is lost, NH3 liquid is isolated between two valves, overpressure develops, causing a leak/rupture and resulting in an NH3 release.  Failure to evaluate SCADA system errors could cause employee overexposure to ammonia during an emergency situation involving ammonia release anywhere in the facility.  (f)	The employer had not documented its resolution of the action item to evaluate its need to replace the Purger which was identified  as deficient and potentially hazardous to workers during PHA of the process. The 2018 PHA recommends replacement of the Purger due to age of the equipment. Failure to replace the Purger could cause employee overexposure to ammonia during an emergency situation involving ammonia release from this equipment.   (g)	The employer had not documented its resolution of the action item to evaluate eyewash requirements which was identified as need to address potential hazard during PHA of the process. The 2018 PHA states: Per IIAR Bulletin 109 and ANSI/IIAR-2 an emergency eye wash station and deluge body shower shall be located just outside the machine room exit door.  An additional emergency eyewash station and deluge body shower should be readily accessible inside the machinery room.  Failure to evaluate eyewash requirements could cause employee overexposure to ammonia during an emergency situation involving ammonia release in or near the engine room.

Issued

Aug 25, 2022

Abate by

Jun 13, 2023

Penalty

Initial $13,052 · Current $7,283 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(l)(1):The employer did not establish and implement written procedures to manage changes  to process chemicals, technology, equipment,  and procedures; and, changes to facilities that affect a covered process.    a) On or about  March 1, 2022 and at times prior thereto in the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to ammonia chemical hazards, tripping hazards, and shock hazards when changes to the controls for the liquid level in the intercooler were not managed by change procedure that had been implemented by employer.  b) On or about  March 1, 2022 and at times prior thereto in the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to ammonia chemical hazards when changes to the ventilation system of the engine room were not managed by change procedure that had been implemented by employer.  (c) On or about  March 1, 2022 and at times prior thereto in the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to ammonia chemical hazards when changes to the ammonia sensor system in the engine room were not managed by change procedure that had been implemented by employer.

Issued

Aug 25, 2022

Abate by

Jun 13, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(i)(1): The employer did not perform a pre-startup safety review for new facilities and for modified facilities when the modification is significant enough to require a change in the process safety information:  a) On or about March 1, 2022 and at times prior thereto in the engine room at the Pioneer Frozen Foods facility in Duncanville, Texas, employees were exposed to ammonia chemical hazards, tripping hazards, and shock hazards when the employer did not  conduct PSSR on the change to the liquid level controller panel of the intercooler.  b) On or about March 1, 2022 and at times prior thereto in the engine room at the Pioneer Frozen Foods facility in Duncanville, Texas, employees were exposed to ammonia chemical hazards when the employer did not  conduct PSSR on the change to the ventilation system.  c) On or about March 1, 2022 and at times prior thereto in the engine room at the Pioneer Frozen Foods facility in Duncanville, Texas, employees were exposed to ammonia chemical hazards when the employer did not  conduct PSSR on the change to the ammonia sensors.

Issued

Aug 25, 2022

Abate by

Sep 9, 2022

Penalty

Initial $13,052 · Current $13,052

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment:  (a) On or about March 1, 2022 and at times prior thereto at the Pioneer Frozen Foods facility in Duncanville, Texas, employees were exposed to ammonia chemical hazards and other chemical hazards when the employer did not inspect safety relief valves to ensure their mechanical integrity.

Issued

Aug 25, 2022

Abate by

Jun 13, 2023

Penalty

Initial $13,052 · Current $7,283 Reduced

Hazardous substances 0170

General-duty citation text

29 CFR  1910.119(j)(5): The employer did not correct deficiencies in equipment that were outside acceptable limits (defined by the process safety information on paragraph (d) of this section) in a safe and timely manner when necessary means where taken to assure safe operation.  (a) On or about March 1, 2022 and at times prior thereto, at the Pioneer Frozen Foods facility in Duncanville, TX, employees were exposed to electrical shock hazards in the ammonia refrigeration system engine room when deficiencies  that allowed loose and/or unattached covers on electrical control panels were not corrected.   (b) On or about  March 1, 2022 the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to equipment overpressure and ammonia chemical hazards when pressure relief valves were not replaced after being in service five years.  (c) On or about March 1, 2022 and at times prior thereto on the roof of the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to electrical shock hazards when electrical conduit was not sealed to enclose and protect conductors.  (d) On or about  March 1, 2022 and at times prior thereto in the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to ammonia chemical hazards when the control panel that controls the level in the  intercooler was in deficient condition.  (e) On or about March 1, 2022 and at times prior thereto in the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to potential electric shock hazards from a flexible electrical cord that was routed from a 110 V wall outlet through a louvered window opening in the engine room where it was subject to possible damage from sharp corner or being pinched or sheared.  (f) On or about March 1, 2022 and at times prior thereto in the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX employees were exposed to a tripping hazard from an in-use flexible electrical cord lying on the floor of the engine room in the walking pathway between equipment.

Issued

Aug 25, 2022

Abate by

Sep 9, 2022

Penalty

Initial $7,925 · Current $5,156 Reduced

General-duty citation text

29 CFR  1910.305(g)(1)(iv)(C): Flexible cords and cables were used where run through doorways, windows, or similar openings.   On or about March 1, 2022 and at times prior thereto in the engine room of the ammonia refrigeration system at the Pioneer Frozen Foods facility in Duncanville, TX, employees were exposed to electric shock hazards when energized flexible cords  was routed from a 110 V wall outlet through a louvered window opening in the engine room where it was subject to possible damage from sharp corner or being pinched or sheared.