OSHA Inspection: ASPIRE BAKERIES LLC

Issued

Apr 20, 2023

Abate by

May 9, 2023

Penalty

Initial $12,278 · Current $10,000 Reduced

General-duty citation text

29 CFR  1910.38(f)(1): The employer did not train employees on the emergency evacuation plan when it was developed or when the employee was assigned initially to a job;   (a)  On and before October 25, 2022, the employer did not train ammonia technicians effectively regarding the Emergency Action Plan response to an ammonia leak. Ammonia Technicians did not evacuate when a leak was identified at a pump package at the base of the HTPR ammonia receiver in accordance with the plant Emergency Action Plan, instead responding and attempting to stop the leak by closing valves. This response diverged from the emergency action plan to be followed at the site and resulted in further release of ammonia from the refrigeration system.

Issued

Apr 20, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.119(g)(1)(i): The employer did not train each employee in the operating procedures as specified in paragraph (f) of 29 CFR 1910.119.   (a) On or about October 25, 2022, the employer did not provide employees and managers with adequate training regarding the availability and presence of standard operating procedures available to employees.  On this date, a failure of a pump package located at the HTPR ammonia receiver resulted in a leak that was not handled appropriately due to the ammonia operators not being informed of the existence of and trained on the standard operating procedures for the refrigeration system. A response diverging from the emergency action plan to be followed at the site resulted in further release of ammonia from the refrigeration system.

Issued

Apr 20, 2023

Abate by

May 16, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(6): The employer did not provide training in accordance with 29 CFR 1910.120(q)(6)(i) through (q)(6)(v) for employees who participated in or were expected to participate in emergency response:   (a)	On or about October 25, 2022, the employer did not provide training to employees ammonia technicians regarding the appropriate emergency response during any emergency incident regarding anhydrous ammonia leaks within the facility. On October 25, 2022, employees were in the area of an Ammonia leak near a pump package which failed and resulted in a release of ammonia. The ammonia technicians responded by turning off the valves at the base of the receiver, which differed from the Emergency Action Plan that established no response would be carried out by plant personnel.

Issued

Apr 20, 2023

Penalty

Initial $15,625 · Current $13,000 Reduced

General-duty citation text

29 CFR  1910.119(d)(3)(i)(H): Process safety information pertaining to the equipment in the process did not include the safety systems (e.g., interlocks, detection or suppression systems):  (a)	On or about November 17, 2022, the employer did not maintain process safety information pertaining to the safety systems, including Macuro AD-1 ammonia detectors installed within the facility such as installation dates and required replacement periods. The employer did not implement means and methods to ensure compliance with IIAR 2 - 1999, the documented Recognized and Generally Accepted Good Engineering Practices (RAGAGEP) specified by the employer to be in effect.   (b)	On and before November 17, 2022, the employer did not maintain compliance with IIAR 2 - 1999, the employer's selected RAGAGEP, in that the specified emergency ventilation for the engine room was not maintained following the failure of the emergency ventilation fan.

Issued

Apr 20, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.119(j)(1)(v): The employer failed to develop and implement a mechanical integrity program for the ongoing integrity of alarms and suppression systems.  (a)	On or about November 17, 2022, the employer did not develop and implement a mechanical integrity program for the ongoing integrity of alarm and suppression systems including Macuro AD-1 ammonia detectors installed within the production area of the facility. The employer's use of Macuro AD-1 ammonia detectors, installed in 2007, 2008, and 2010, continued beyond the manufacturer specified sensor life of 7 to 10 years without an accompanying mechanical integrity program including calibration and testing, and therefore, did not ensure reliable ammonia warning capabilities for employees in the facility. (b)	On and before November 17, 2022, the employer did not develop and implement a mechanical integrity program for the ongoing integrity of alarms and suppression systems regarding the emergency ventilation fan for the mechanical room of the facility. The emergency ventilation fan was inoperable on November 17, 2022. The employer did not maintain compliance with IIAR 2 - 1999, the employers selected RAGAGEP, in that the specified emergency ventilation for the engine room was not maintained following the failure of the emergency ventilation fan.

Issued

Apr 20, 2023

Abate by

Jul 21, 2023

Penalty

Initial $12,278 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.119(e)(3)(vii): The process hazard analysis (PHA) did not address a qualitative evaluation of a range of the possible safety and health effects of failure of controls on employees in the workplace:  (a)	On and before November 17, 2022, the 2021 Process Hazard Analysis (PHA) developed by the employer did not qualitatively assess the range of the possible safety and health consequences of process deviations on employees in the workplace. The Consequences and Hazards column of the What-If/Checklist charts do not discuss the possible number of employees affected by process deviations, the possible severity of injuries, or an evaluation of the potential for employees in other occupied areas to be affected by potential deviations in the process. This exposes ammonia technicians and bakery production employee to fire, explosion, and chemical contact hazards while present in the facility.

Issued

Apr 20, 2023

Abate by

May 16, 2023

Penalty

Initial $14,733 · Current $10,500 Reduced

General-duty citation text

29 CFR  1910.119(e)(5): The employer did not assure that PHA recommendations were resolved in a timely manner.   (a)	On or about April 4, 2023, the employer had not resolved recommendations identified during the 2021 PHA or taken steps to address findings and recommendations. All 9 recommendations from the PHA performed on March 31, 2021 remained unresolved until the PHA Recommendations Document was provided on April 4, 2023, approximately 2 years after completion of the PHA.

Issued

Apr 20, 2023

Penalty

Initial $15,625 · Current $13,000 Reduced

General-duty citation text

29 CFR  1910.119(j)(5): The employer did not correct deficiencies in equipment that were outside acceptable limits (defined by the process safety information on paragraph (d) of this section) before use:   (a) On and before November 17, 2022, the employer did not repair an emergency ventilation fan installed in the mechanical room of the facility that had broken and was missing two fan blades, rendering the emergency ventilation system inoperable.