OSHA Inspection: B.C. ORGANICS LLC

Issued

Sep 30, 2022

Abate by

Oct 31, 2022

Penalty

Initial $3,108 · Current $2,176 Reduced

Hazardous substances 1480

General-duty citation text

29 CFR  1910.134(c)(1):  In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use:  At a facility located at 1251 Mill Road, Green Leaf, WI 54126; the employer did not establish or implement a written respiratory protection program when employees were required to wear an SCBA with tight-fitting full-face respirator while closing digester port-holes and while taking hydrogen sulfide air measurements.  All provisions of 29 CFR 1910.134(c) through (m) must be covered in a written respiratory protection program. Key elements include but are not limited to the following:  1)  Written program 2)  Medical evaluations for respirator use 3)  Fit testing 4)  Written procedures for use/maintenance/care of respirators 5)  Employee information/training 6)  Respirator selection 7)  Program evaluation

Issued

Sep 30, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR  1910.134(e)(1):  The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator:   At a facility located at 1251 Mill Road, Green Leaf, WI 54126; the employer did not provide an employee with a medical evaluation to determine their ability to use a respirator before the employee was fit tested and when required to wear an SCBA with tight-fitting full-face respirator while closing digester portholes and while taking hydrogen sulfide air measurements.

Issued

Sep 30, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR  1910.134(f)(1):  The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph:   At a facility located at 1251 Mill Road, Green Leaf, WI 54126; the employer did not ensure an employee passed an appropriate fit test prior to being required to wear an SCBA with tight-fitting full-face respirator while closing digester portholes and while taking hydrogen sulfide air measurements.

Issued

Sep 30, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR  1910.134(k):  This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary:   At a facility located at 1251 Mill Road, Green Leaf, WI 54126; the employer did not provide any information and training on subjects such as but not limited to, respirator selection, use, limitation, care/maintenance/storage, to an employee who was required to wear an SCBA with tight-fitting full-face respirator while closing digester portholes and while taking hydrogen sulfide air measurements.

Issued

Sep 30, 2022

Abate by

Oct 31, 2022

Penalty

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

Hazardous substances 1480

General-duty citation text

29 CFR  1910.1200(e)(1):   Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met:   At a facility located at 1251 Mill Road, Greenleaf, WI 54126; B.C. Organics LLC did not develop or implement a written hazard communication program when employees worked with hazardous chemicals such as, but not limited to methane and  hydrogen sulfide as byproducts of the transportation and storage of manure.  All provisions of 29 CFR 1910.1200(e) through (h) must be contained in a written hazard communication program. Key elements include, but are not limited to: 1)  Written program 2)  Safety data sheets 3)  Container labeling 4)  Employee information/training

Issued

Sep 30, 2022

Abate by

Oct 31, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR  1910.1200(e)(2)(ii):  Employers who produce, use, or store hazardous chemicals at a workplace in such a way that the employees of other employer(s) may be exposed (for example, employees of a construction contractor working on-site) shall additionally ensure that the hazard communication programs developed and implemented under this paragraph (e) include the methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies:   At a facility located at 1251 Mill Road, Green Leaf, WI 54126; B.C. Organics LLC did not develop or implement a hazard communication program to include the methods the employer would use to inform other employers of any precautionary measures that needed to be taken to protect employees during the workplace's normal operating conditions and in foreseeable emergencies. Employees of construction contractors working on-site were exposed to hydrogen sulfide from manure pumped in and stored at the facility. B.C. Organics LLC did not develop or implement methods to inform the construction contractor employers of the presence of hydrogen sulfide at the facility or on the precautionary measures necessary to protect the contract employers' employees from hydrogen sulfide when it escaped Digester #13.

Issued

Sep 30, 2022

Penalty

Initial $0 · Current $0

Hazardous substances 1480

General-duty citation text

29 CFR  1910.1200(h)(2)(ii):  Employees shall be informed of any operations in their work area where hazardous chemicals are present:  At a facility located at 1251 Mill Road, Green Leaf, WI 54126; B.C. Organics LLC did not inform employees of B.C. Organics LLC, Miron Construction Co., or August Winter & Sons Inc. that hydrogen sulfide would be present during filling of digesters with manure.