OSHA Inspection: FERMENTATIONEXPERTS USA, INC.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $8,702 · Current $6,091 Reduced

General-duty citation text

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 was 4 feet (1.2 m) or more above a lower level was protected from falling by one or more of the systems described in 29 CFR 1910.28(b)(1)(i):  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that employees were protected from fall hazards in the loading dock area.  This condition exposed employees to fall hazards over four foot from the loading dock to the ground below.  (b)Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that employees were protected from fall hazards while working near the basement rail pit.  This condition exposed employees to fall hazards over six feet into the pit area.  (c)Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that employees were protected from fall hazards while accessing the upper walkways of the mill room were guardrail systems were not installed.  This condition exposed employees to fall hazards over six feet into the mill room.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.28(b)(3)(ii): The employer did not ensure that each employee was 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) Fermentationexperts, Inc. at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure sufficient grates were installed over holes on the fourth floor in that grates were installed with openings of 6 1/2 inches.  This condition exposed employees to tripping hazards.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.29(b)(1): The employer did not ensure that  guardrail systems met the requirement that the top edge height of top rails, or equivalent guardrail system members, that are 42 inches (107 cm), plus or minus 3 inches (8 cm), above the walking-working surface. The top edge height may exceed 45 inches (114 cm), provided the guardrail system meets all other criteria of paragraph (b) of this section:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that adequate guardrail was installed on the rooftop area outside of the headhouse in that the height of the top rail measured 35 1/2 inches.  This condition exposed employees to fall hazards due to inadequate guardrail systems.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.29(b)(2): The employer did not ensure that guardrail systems met the requirement that midrails, screens, mesh, intermediate vertical members, solid panels, or equivalent intermediate members that are installed between the walking-working surface and the top edge of the guardrail system as follows when there is not a wall or parapet that is at least 21 inches (53 cm) high:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that midrails were installed on the third level cooling area walkway.  This condition exposed employees to fall hazards due to the missing midrails.  (b) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that midrails were installed on the fifth floor emergency exit access.  This condition exposed employees to fall hazards due to the missing midrails.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $7,252 · Current $5,076 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i):Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 23, 2022, the employer did not ensure that lockout tagout procedures were established and utilized during operations on the rotating valve where an employee suffered amputation injuries.   This condition exposed employees to amputation and caught-in hazards associated with the rotating valve.  (b) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that lockout tagout procedures were established and utilized during operations on the cookie wagon/grinder.   This condition exposed employees to amputation, caught-in, and electrical hazards associated with the machine.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $10,151 · Current $7,106 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) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure the drag conveyor on the second level of the facility was guarded.  This condition exposed employees to caught-in and amputation hazards associated with the unguarded drag conveyor.  (b) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure the drag conveyor on the fifth level of the facility was guarded.  This condition exposed employees to caught-in and amputation hazards associated with the unguarded drag conveyor.  (c) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure a spinning drive mechanism on the rotating valve equipment in the drying area was guarded.  This condition exposed employees to caught-in hazards associated with the unguarded drive mechanism.  (d) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure the spinning drive mechanism of the vacuum system on the fourth level of the facility was guarded.  This condition exposed employees to caught-in  hazards associated with the unguarded area.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.212(a)(3)(ii):Point of operation guards were not designed and constructed as to prevent the operator from having any part of their body in the danger zone during the operating cycle:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure guarding was in place on the Edwards Manufacturing Iron Worker, number 11S4915 within the maintenance area.  This condition exposed employees to amputation hazards associated with the unguarded point of operation.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.212(a)(5):Fan blade guards were not provided where the periphery of the blades was less than seven feet from the floor or working level:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that the exhaust fan blades within the cooler room were guarded.  This condition exposed employees to caught-in and amputation hazards associated with the unguarded fan blades.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.219(d)(1):Pulleys with parts seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified in 29 CFR 1910.219(m) and (o):  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure adequate guarding was in place on the mixer within the cookie room, in that the rear of the belt and pulley system were open.  This condition exposed employees to caught-in hazards associated with the unguarded belt and pulley.  (b) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure adequate guarding was in place on a belt and pulley system on the second level of the facility, in that the rear of the belt and pulley system were open and not fully guarded.  This condition exposed employees to caught-in hazards associated with the unguarded belt and pulley.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.219(f)(3):Sprocket wheels and chains which were seven (7) feet or less above floors or platforms were not enclosed:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure  the chain and sprocket on the auger systems within the chiller room was guarded.  This condition exposed employee to caught-in and amputation hazards associated with the unguarded drive chain and sprocket.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $4,351 · Current $3,046 Reduced

General-duty citation text

29 CFR  1910.215(a)(2):Abrasive wheel(s) used on grinding machinery were not provided with safety guard(s) which covered the spindle end, nut, flange projections:  (a) Fermentationexperts, Inc. at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that the bench grinder being utilized within the maintenance area had safety guarding in place to cover the spindle end, nut, and flange projections.  This condition exposed employees to struck-by hazards associated with the unguarded grinding equipment.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.215(a)(4):Work rest(s) on grinding machinery were not adjusted closely to the wheel with a maximum opening of one eighth inch:  (a) Fermentationexperts, Inc. at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that the work rest on the bench grinder within the maintenance area was adjusted to allow a max opening of 1/8 inch.  This condition exposed employees to struck by hazards associated with jamming and grinding wheel breakage.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $10,151 · Current $7,106 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) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that bin entry permits were issued prior to entering storage bins within the facility.  This condition exposed employees to hazards to include engulfment, asphyxiation, and mechanical hazards.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $10,151 · Current $7,106 Reduced

Hazardous substances G109

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 areas:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that a written housekeeping program was established to ensure the reduction of fugitive grain dust accumulation on ledges, floors, equipment, and other exposed areas.  This condition exposed employees to explosion hazards associated with excessive amounts of dust accumulation throughout the facility.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

Hazardous substances G109

General-duty citation text

29 CFR  1910.272(j)(2)(ii):The employer did not immediately remove any fugitive grain dust accumulations whenever the exceeded 1/8 inch (.32cm) at priority housekeeping areas, pursuant to the housekeeping program for grain elevators:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that fugitive grain dust accumulations that exceeded 1/8 inch in priority housekeeping areas, to include but not limited to the Mill Room, were immediately removed.  This condition exposed employees to fire and explosion hazards associated with the excessive dust accumulations throughout the facility.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $8,702 · Current $6,091 Reduced

General-duty citation text

29 CFR  1910.305(b)(2)(i):Each outlet box in completed installations did not have a cover, faceplate, or fixture canopy:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that damaged electrical equipment was repaired/replaced in that an outlet cover plate near control room was damaged.  This condition exposed employees to shock and electrocution hazards associated with the damaged cover plate.

Issued

Sep 6, 2022

Abate by

Jan 3, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.305(g)(1)(iv):Flexible cords and/ or cables were used for purposes prohibited by paragraphs (A) through (F) of 29 CFR 1910.305(g)(1)(iv):  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer allowed for extension cords to be utilized throughout the facility in place of permanent wiring and routed through walls and openings.  This condition exposed employees to shock hazards associated with improper use of electrical equipment.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.334(a)(2)(i):Portable cord and plug connected equipment and flexible cord sets (extension cords) were not visually inspected before use on any shift for external defects (such as loose parts, deformed and missing pins, or damage to outer jacket or insulation) and for evidence of possible internal damage (such as pinched or crushed outer jacket):  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that electrical cords were removed from service that were damaged in that a plug in light in the basement area was damaged and spliced and not removed from operation.  This condition exposed employees to shock and electrocution hazards associated with the damage electrical cord.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $1,450 · Current $1,015 Reduced

General-duty citation text

29 CFR  1904.29(a): The employer did not use an OSHA 300, 301 and 300A Form or equivalent:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not record workplace injuries or illnesses on the OSHA Form 300 or equivalent for the calendar years 2021 and 2022.

Issued

Sep 6, 2022

Abate by

Sep 30, 2022

Penalty

Initial $814 · Current $570 Reduced

General-duty citation text

29 CFR  1910.146(c)(2):The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:  (a) Fermentationexperts, Inc.  at 1201 North Ellis Road, Sioux Falls, SD 57107:  On or about and at times prior to March 24, 2022, the employer did not ensure that all permit-required confined spaces within the facility were identified by danger signs or by any other equally effective means.  This condition exposed employees to unauthorized entrance into permit-required confined spaces.