OSHA Inspection: L. DICKS, INC.

Issued

Oct 24, 2022

Abate by

Dec 12, 2022

Penalty

Initial $10,151 · Current $6,091 Reduced

Hazardous substances 8330

General-duty citation text

OSH ACT of 1970 Section 5(a)(1) of the Occupational Safety and Health Act: 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 not protected from the hazard of high ambient heat:  a) On or about July 1, 2022, employees were exposed to the hazard of high ambient heat from the sun during the performance of their job duties, including pulling weeds in a blueberry field for 8-hours from 7:00 am to 3:30 pm. The calculated Wet Bulb Globe Temperature (WBGT) ranged from 27.1�C to 31.3 �C (80.8�F to 88.3�F) while working outdoors performing moderate to heavy manual labor and wearing long sleeves and pants. Such exposures are likely to lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat stress, heat exhaustion, and heat stroke. An employee on his first day back after a 5-6-week absence exhibited symptoms of heat stroke including dizziness and cloudy vision beginning at approximately 11 or 11:30 am, before the noon lunch break. After lunch, at approximately 12:30 pm, his symptoms increased, with dizziness, cloudy vision, vomiting, and excessive sweating. The sweating stopped around 3:00 pm. He finished working at 3:30 pm, returned home, and tried to rest and drink fluids but continued to vomit. At approximately 5:00 or 6:00 pm, he contacted a company official to take him to the hospital. The employee required a two-night stay in the hospital, where he had a temperature of at least 38�C (100.4�F) and was diagnosed with dehydration and acute kidney injury.    b) On or about July 19, 2022, employees were exposed to the hazard of high ambient heat from the sun during the performance of their job duties, including harvesting grapes for 8-hours from 7 am to 3:30 pm. The calculated Wet Bulb Globe Temperature (WBGT) ranged from 29.2�C to 35.1 �C (84.6�F to 95.2�F) while employees were working outdoors performing moderate to heavy manual labor and wearing long sleeves and pants. Such exposures are likely to lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat stress, heat exhaustion, and heat stroke.