OSHA Inspection: TASTE OF NATURE, INC.

Issued

Aug 31, 2022

Penalty

Initial $13,052 · Current $13,052

General-duty citation text

29 CFR  1910.28(b)(1)(i):29 CFR 1910.28(b)(1)(i):  Except as provided elsewhere in this section 29 CFR 1910.28, the employer did not 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 one or more of the systems described in 29 CFR 1910.28(b)(1)(i):  (a) On or about March 14, 2022. the employer did not ensure that employees on the top of the Blommer chocolate tank, approximately 11'-2" above the lower level were protected from falling. Employees accessed the area to monitor the level of the product in the chocolate tank.

Issued

Aug 31, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.28(b)(2)(i): 29 CFR 1910.28(b)(2)(i): The employer did not ensure that each employee in a hoist area is protected from falling 4 feet (1.2 m) or more to a lower level by one of the systems listed in 29 CFR 1910.28(b)(2)(i)(A)-(C).  (a) On or about March 15, 2022, the employer did not ensure that employees on a raised platform used to access the Cookie Dough Mixer hopper, were protected from falling approximately 7'-3" to the lower level from an opening in the guard rails that was used for delivering pallets of ingredients.

Issued

Aug 31, 2022

Abate by

Sep 27, 2022

Penalty

Initial $11,188 · Current $11,188

General-duty citation text

29 CFR  1910.134(c):The employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use:  (a) On or about March 15, 2022, the employer did not develop and implement a written respiratory protection program with required worksite-specific procedures and elements for the panning room machine operators, who were required to use North RU8500 half face respirators with organic vapor (OV) cartridges respirators when adding Capol 155C containing Ethyl Alcohol.

Issued

Aug 31, 2022

Abate by

Sep 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1):The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:  (a) On or about March 15, 2022, the employer did not provide a medical evaluation to determine  employees' ability to use respirators. Employees who applied ethyl alcohol-based Capol 155C to confectionaries in the Panning Room were required to use tight-fitting elastomeric respirators with organic vapor (OV) cartridges.

Issued

Aug 31, 2022

Abate by

Sep 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:  (a) On or about March 15, 2022, the employer did not ensure that the employees in the Panning Room who were required to wear a tight-fitting facepiece respirator with organic vapor (OV) cartridges, when using Capol 155C containing Ethyl Alcohol, were fit tested prior to initial use of the respirator.

Issued

Aug 31, 2022

Abate by

Sep 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(g)(1)(i)(B):Respirators with tight-fitting facepieces were worn by employees with a condition that interfered with the face-to-facepiece seal or valve function:  (a) On June 22, 2022, employees in the Panning Room wore surgical masks underneath half-face elastomeric respirators which interfered with the face-to-facepiece seal of the respirator.

Issued

Aug 31, 2022

Abate by

Sep 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(1):Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:  (a) On March 15, 2022, employees in the Panning Room, required to use respirators when using Capol 155C containing Ethyl Alcohol, did not clean and disinfect the respirator when employees had to share one respirators due to unavailability of replacement cartridges.  (b) On March 15, 2022, employees in the Panning Room, required to use respirators when using Capol 155C containing Ethyl Alcohol, did not clean and disinfect the respirator following the use of the respirator.

Issued

Aug 31, 2022

Abate by

Sep 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k)(1): 29 CFR 1910.134(k)(1): The employer did not provide effective training that covered the required elements in 1910.134(k)(1)(i) through 1910.134(k)(1)(vii):   (a) On March 15, 2022, the employer did not ensure that employees who were required to use respirators when using Capol 155C, which contains Ethyl Alcohol, were provided training on elements required by this section including, but not limited to proper usage, fit, maintenance, storage and limitation of the respirators.

Issued

Aug 31, 2022

Penalty

Initial $11,188 · Current $11,188

General-duty citation text

29 CFR  1910.134(d)(1)(iii):The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  (a) On or about March 15, 2022, the employer did not evaluated the occupational exposure of employees who applied or were in the area where Ethyl Alcohol based liquid, Capol 155C, was applied to the confectionaries in the Panning Room. Employees in the Panning Room were exposed to Ethyl Alcohol in excess of the Permissible Exposure Limit during full-shift sampling performed on June 22, 2022.

Issued

Aug 31, 2022

Abate by

Aug 30, 2023

Penalty

Initial $11,188 · Current $11,188

Hazardous substances 1060

General-duty citation text

29 CFR  1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of (Ethyl Alcohol) listed in Table Z-1 in excess of the 8 hour Time Weighted Average concentration of 1000 parts per million particles of air (1000 ppm) for any 8-hour work shift of a 40-hour week.   The employer did not ensure that employee exposures to Ethyl alcohol did not exceed 1000 parts per million (ppm) of air, as an 8-hour time-weighted average (TWA).   (a) On June 22, 2022, an employee applying Capol 155C during a glazing process in the panning room of the facility was exposed to Ethyl Alcohol at an 8-hour time-weighted average level of 1924 ppm, approximately 1.9 times the Permissible Exposure Limit (PEL) of 1000 ppm. This limit was established to prevent  irritation of the mucous membranes of the eyes, nose, throat, and upper respiratory tract, as well as health effects including headaches, depression of the central nervous system, dizziness, nausea, and vomiting.   The sampling was performed for 467 minutes during one shift on June 22, 2022. Zero exposure was assumed for the unsampled time of 13 minutes.   (b) On June 22, 2022, an employee working on the polishing side of the panning room of the facility was exposed to Ethyl alcohol at an 8-hour time-weighted average level of 1589 ppm, approximately 1.6 times the PEL of 1000 ppm. This limit is established to prevent  irritation of the mucous membranes of the eyes, nose, throat, and upper respiratory tract, as well as health effects including headaches, depression of the central nervous system, dizziness, nausea, and vomiting.   The sampling was performed for 384 minutes during one shift on June 22, 2022. Zero exposure was assumed for the unsampled time of 96 minutes.   (c) On June 22, 2022, an employee working on the grossing side of the panning room of the facility was exposed to Ethyl alcohol at an 8-hour time-weighted average level of 1735 ppm, approximately 1.7 times the PEL of 1000 ppm. This limit is established to prevent  irritation of the mucous membranes of the eyes, nose, throat, and upper respiratory tract, as well as health effects including headaches, depression of the central nervous system, dizziness, nausea, and vomiting.   The sampling was performed for 422 minutes during one shift on June 22, 2022. Zero exposure was assumed for the unsampled time of 58 minutes.

Issued

Aug 31, 2022

Abate by

Aug 30, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1000(e):Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d) and protective equipment or any other protective measures are not used to keep the exposure of employee to air contaminants within the limits prescribed:  Taste of Nature, Inc.- Feasible engineering controls and work practices were not instituted to reduce and maintain employee exposures to Ethyl alcohol at or below the Permissible Exposure Limit (PEL):   a) An employee in the coating department was exposed to Ethyl Alcohol at an 8-hour time-weighted average level of 1924 ppm, approximately 1.9 times the permissible exposure limit of 1000 ppm.  b) An employee in the coating department was exposed to Ethyl Alcohol at an 8-hour time-weighted average level of 1589 ppm, approximately 1.6 times the permissible exposure limit of 1000 ppm.  c) An employee in the coating department was exposed to Ethyl Alcohol at an 8-hour time-weighted average level of 1735 ppm, approximately 1.7 times the permissible exposure limit of 1000 ppm.  See instance descriptions in item 3a of this citation.  Methods of engineering controls and work practices under these circumstances include, but are not limited to:    1)1) Seek the expertise of a competent individual such as an engineer, a ventilation expert or certified industrial hygienist. Services provided should include assessment of any existing controls and work practices in the Panning Room;  recommendations for installation of appropriate local exhaust ventilation system to reduce employee exposure,  and preparation of design documentation for the successful installation of recommended equipment.      2) Consider an alternate means of coating or polishing the confectionary within the Panning Room.

Issued

Aug 31, 2022

Abate by

Sep 27, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(a)(2):A respirator was not provided by the employer to each employee when such equipment was necessary to protect the health of the employee:  (a) On June 22, 2022, the employer did not provide respiratory protection to machine operators who worked on the grossing side of the Panning Room, when Ethyl Alcohol was being used on the polishing side.  An employee working on the grossing side of the panning room was exposed to Ethyl Alcohol at an 8-hour time-weighted average level of 1735 ppm, approximately 1.7 times the permissible exposure limit of 1000 ppm. This limit is established to prevent irritation of the mucous membranes of the eyes, nose, throat, and upper respiratory tract, as well as health effects including headaches, depression of the central nervous system, dizziness, nausea, and vomiting.

Issued

Aug 31, 2022

Abate by

Sep 20, 2022

Penalty

Initial $11,188 · Current $11,188

General-duty citation text

29 CFR  1910.1200(e)(1):The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  (a) On or about March 15, 2022, the employer did not did not develop or implement a written hazard communication program in accordance with 29 CFR 1910.1200(e)(1) that would describe or include at least the following:  1) Requirement for labeling and other forms of warning; 2) Safety data sheet availability; 3) Employee information and training; 4) A list of hazardous chemicals known to be present in the workplace;  5) Methods to inform employees of the hazards on non-routine tasks; and  6) Methods to provide other employer(s) access to safety data sheet; information on any precautionary measures and the labeling system used in the workplace.  Employee(s) in the panning room were exposed to hazardous chemicals including but not limited to Ethyl Alcohol.

Issued

Aug 31, 2022

Abate by

Sep 20, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  (a) On or about March 15, 2022, the employer did not ensure that employees working in the Panning Room were provided effective information and training on the hazards of chemicals in their work area, including but not limited to Ethyl Alcohol.

Issued

Aug 31, 2022

Abate by

Sep 20, 2022

Penalty

Initial $1,865 · Current $1,865

General-duty citation text

29 CFR  1904.41(a)(2): On March 15, 2022, Taste of Nature, Inc. did not electronically submit information from the OSHA Form 300A Summary of Work-Related Injuries and Illnesses for calendar year 2021, to OSHA or OSHA's designee.   The establishment had 135 employees at any time during calendar year 2021 and was classified as an industry listed in appendix A to subpart E of 1904 - Recording and Reporting Occupational Injuries and Illness - for NAICS 311352 but did not electronically submit information from the OSHA 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. The employer did not submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form which was March 2, 2022.