OSHA Inspection: CHS, INC.

Issued

Mar 8, 2023

Abate by

Apr 19, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR  1910.146(c)(1):The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:  On or about September 12, 2022; Employees engaged in grain handling activities at the CHS, Inc facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to potential atmospheric and mechanical hazards in that the employer did not adequately evaluate the facility for permit required confined spaces prior to requiring employees to make entry.  An instance of failure includes but is not limited to employees entering the boot pit beneath Bins 31, 32, 33 and 34 to open gravity chutes.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

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 permit spaces:  On or about September 12, 2022; Employees engaged in grain handling activities at the CHS, Inc facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to potential atmospheric and mechanical hazards in that the employer has inadequately informed employees of permit-required confined spaces throughout the facility.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.146(c)(4): The employer shall develop and implement a written permit space program that complies with this section and is available for inspection by employees and their authorized representatives:   On or about September 12, 2022;  Employees engaged in grain handling activities at the CHS, Inc facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to potential atmospheric and mechanical hazards in that the employer requires employees to enter permit required spaces without having developed and implement a written program that complies with this section and specific to this location.  Instances of failure include but are not limited to:  i.	Program fails to list the permit-required confined spaces throughout the facility. ii.	Program fails to identify the personnel trained to conduct permit-required confined space entry. iii.	Program fails to identify the personnel authorized to perform the duties as the entrant iv.	Program fails to identify the personnel authorized to perform the duties as the attendant v.	Program fails to identify the specific procedure and contact information for emergency rescue vi.	Program fails to track permit-required confined space entries conducted within the past year

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR  1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:   On or about September 12, 2022: Employees engaged in grain handling tasks at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to potentially hazardous atmospheric environments such as low oxygen levels; in that the employer had the employees enter the boot pit beneath Bins 31, 32, 33 & 34 to open the gravity chutes without having conducted a permit-required confined space evaluation.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.146(d)(3): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to items (d)(3)(i) through (d)(3)(vi) of this paragraph:  On or about September 12, 2022: Employees engaged in cleaning grain bins at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to atmospheric hazards in that employees are entering the boot pit beneath Bins 31, 32, 33 and 34 to open gravity chutes without the employer having developed and implemented procedures that ensures safe entry.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.146(d)(4): The employer did not ensure employees use the equipment specified in paragraphs (d)(4)(i)-(d)(4)(ix) properly:  On or about September 12, 2022: Employees engaged in grain handling tasks at the facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to atmospheric hazards in that the employer had employees entering the boot pit beneath Bins 31, 32, 33 and 34 to open gravity chutes without utilizing necessary entry equipment to include but no limited to:  i.     4-Gas meter capable of testing the air quality prior to entry. ii.    Ventilation equipment that could remove any atmosphere hazards found in the air quality test. iii.   Radio or other communication device allowing for clear communication between entrant, attendant and the main office. iv.    Lighting equipment capable of illuminating the work area. v.     Barriers to prevent unauthorized personnel from approaching the entry location. vi.    Rescue equipment such as personnel recovery winch systems used to lift an injured or incapacitated employee free of the area.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.146(d)(8): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not designate the persons who were to have active roles in entry operations, identify the duties of each such employee, and did not provide each such employee with the training required:   On or about September 12, 2022: Employees engaged in grain handling tasks at the facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to potential atmospheric hazards in that the employer had employees entering the boot pit beneath Bins 31, 32, 33 and 34 to open gravity chutes.  Instances of employer failure related to these entries include but are not limited to:  i.   Employer did not designate qualified personnel to serve as the entrant and attendant instead choosing to select entry personnel based on their availability.  ii.  Employees were not trained in the duties of entrant or attendant as well as the hazards associated with confined space entry instead were chosen based on their availability.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized entry:  On or about September 12, 2022: Employees engaged in grain handling tasks at the facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to potential hazardous atmospheric environments such as low oxygen levels; in that the employer had employees entering the boot pit beneath Bins 31, 32, 33 and 34 to open gravity chutes without having developed and implemented procedures for rescue in the event the entrant is trapped.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section:   On or about September 12, 2022: Employees engaged in grain handling tasks at the facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to potential hazardous atmospheric environment such as low oxygen levels; in that the employer had untrained employees entering the boot pit beneath Bins 31, 32, 33 and 34 to open gravity chutes.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR  1910.146(i)(6)(i): The employer did not ensure that each attendant monitored activities inside and outside the space to determine if it was safe for entrants to remain in the space and ordered the authorized entrants to evacuate the permit space immediately:  On or about September 12, 2022: Employees engaged in grain handling tasks at the facility located at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to atmospheric hazards in that the employer had employees entering the boot pit beneath Bins 31, 32, 33 and 34 to open gravity chutes without implementing and providing monitoring activities for entrants.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR  1910.272(g)(5): The employee acting as an observer for bin, tank, or silo entry operations in the grain handling facility was not trained in rescue procedures, including notification methods for obtaining additional assistance:  On or about September 12, 2022: Employees engaged in cleaning grain bins at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to engulfment hazards in that an employee acting serving as the bin entry attendant during the entry of grain bins 31, 32 and 34 was not adequately trained on rescue procedures.  Instances of inadequate or missing rescue procedural training include but is not limited to:  i.  The attendant for these bin entries did not know who to contact or how to contract them in the event of an emergency during the entry, such as an employee being engulfed.   ii.  The attendant for these bin entries did not know which pieces of equipment was necessary to perform a side bin entry or how to use that equipment to retrieve the entrant.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.272(g)(6): Employees at the grain handling facility entered bins, silos, or tanks underneath a bridging condition, or where a buildup of grain products on the side could fall and bury them:  On or about September 12, 2022: Employees engaged in cleaning grain bins at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to engulfment hazards. The employer had employees cleaning the inside of grain bins where bridging conditions existed along the long-sloped side of the bins.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $15,625 · Current $15,625

General-duty citation text

29 CFR 1910.272(m)(4): The employer did not implement procedures in the grain handling facility for the use of tags and locks which would prevent the inadvertent application of energy or motion to equipment being repaired, serviced, or adjusted:  On or about September 12, 2022: Employees engaged in cleaning grain bins at 9309 South Lincoln Avenue, Roseland, Nebraska were exposed to engulfment hazards in that the employer has employees opening and closing the chute to Bins 31, 32, and 34 to clean out residual grain without implementing procedures using tags or locks to prevent unexpected movement of the grain in the bin.  Instances include but are not limited to:  i.  Prior to entering Bins 31, 32 and 34 the entry team did not isolate the gravity chutes beneath the bins by closing the gates and securing the gates with a lock or tag. ii.  Prior to entering Bins 31, 32 and 34 the entry team did not isolate the drag conveyor system beneath the bins by turning off the power and securing the controls with a lock or tag.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $156,259 · Current $40,630 Reduced

General-duty citation text

29 CFR 1910.272(e)(2): Employees assigned special tasks, such as bin entry and handling of flammable or toxic substances, shall be provided training to perform these tasks safely:   The employer is failing to protect employees from atmospheric, mechanical and engulfment hazards associated with conducting grain bin entry.  This was most recently evident on September 12, 2022, at the CHS Inc. grain handling facility located at 9309 South Lincoln Avenue, Roseland, Nebraska where the employer has inadequately trained employees serving as part of a bin entry team.  Instance of failure as a result of inadequate or lack of training include but are not limited to:  i.	Failure to recognize the potential for atmospheric hazards and requirement to test the air quality of a grain bin prior to entering.   ii.	Failure to recognize the potential for engulfment hazards and bin entry equipment requirement for a lifeline that restricts entry beyond points in which the grain is deep enough to engulf the entrant. iii.   Failure to perform either entrant or attendant related duties during grain bin entry. iv.   Failure to recognize the requirement to isolate the drag conveyor and bin chute to prevent flowing grain during entry. v.     Failure to recognize the requirement of the bin entry team to fill out a bin entry permit that needs to be reviewed and made available to the entry team throughout the bin entry.

Issued

Mar 8, 2023

Abate by

Mar 29, 2023

Penalty

Initial $156,259 · Current $156,259

General-duty citation text

29 CFR  1910.272(g)(2): The employer did not ensure that whenever employees entered grain storage structures from a level at or above the level of the stored grain or grain products, or whenever employees walked or stood on or in stored grain of a depth which poses an engulfment hazard, employees were equipped with a body harness with lifeline, or a boatswain's chair that meets the requirements of subpart D of this part. The lifeline shall be so positioned, and of sufficient length, to prevent the employee from sinking further than waist-deep in the grain:  The employer is failing to protect employees from engulfment hazards associated with conducting grain bin entry.  This was most recently evident on September 12, 2022, at the CHS Inc. grain handling facility located at 9309 South Lincoln Avenue, Roseland, Nebraska, where the employer has employees conducting at level grain bin entry into Bins 31, 32, and 34 to remove residual grain without ensuring the entrant had an adequate lifeline to prevent sinking into the grain.