OSHA Inspection: HOSTESS BRANDS, LLC

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $0 · Current $12,500

General-duty citation text

1910.147(f)(3)(ii)(A)  Primary responsibility is vested in an authorized employee for a set number of employees working under the protection of a group lockout or tagout device (such as an operations lock);   a) DL-2 Production- On or about December 13, 2022, the employer did not ensure a group lockout procedure was utilized that afforded groups of employees a level of protection equivalent to that provided by the implementation of a personal lockout device for the control of hazardous energy when they were engaged in the setup of DL2 Lo-Boy Icing Station 111450, exposing them to the hazards of moving parts and pinch points.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $15,625 · Current $12,500 Reduced

General-duty citation text

1910.147(c)(7)(i)(B)  Each affected employee shall be instructed in the purpose and use of the energy control procedure.   a) DL-1 and DL-2 Production- On or about December 13, 2022, the employer did not train production employees as authorized to lockout/tagout their assigned DL1 and DL2 equipment for setup.  Production employees were exposed to caught-in and struck-by hazards associated with energized equipment, unexpected machine start-up, or release of hazardous energy sources such as, but not limited to, electrical, pneumatic, gravitational, and hydraulic.  Production employees were not trained to understand how to control energy sources prior to re-assembly.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $12,278 · Current $9,822 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) DL-1 Production- On or about January 19, 2023, the employer did not ensure that hazards created by in-going nip points of upper and lower conveyors and their rotating rollers on equipment, such as DL1 Rheon Parallel Piler 110750, were adequately guarded to prevent injury to employees while they accessed the area to tend to dusting flour.  b) DL-2 Production- On or about February 2, 2023, the employer did not ensure that hazards created by pinch points on equipment, such as the DL2 Rheon Butter Pump 1 120650 and DL2 Rheon Butter Pump 2 120740, were adequately guarded to prevent injury to employees while employees accessed the area to push butter by hand into the pump when conveyor was not running.   c) Danish Icing Room- On or about January 19, 2023, the employer did not ensure that nip point hazards created by rotating parts, such as the paddles on the Likwifier 2 Icing Kettle 111470, were adequately guarded to prevent injury to employees while adding ingredients on top of a grate.  d) DL-1 Packaging- On or about February 2, 2023, the employer did not ensure that hazards created by in-running nip points on the DL1 Spreading Conveyors IPB-14760, IPB-15280, IPB-15300, IPB-14850, and C21, were adequately guarded to prevent injury to employees while they accessed the conveyor lines.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $12,278 · Current $0 Reduced

General-duty citation text

29 CFR  1910.219(c)(2)(i): All exposed part(s) of horizontal shafting seven (7) feet or less from floor or working platform were not protected by stationary casing(s) enclosing shafting completely or by trough(s) enclosing sides and top or sides and bottom of shafting:  a) DL-1 Production- On or about December 13, 2022, the employer did not to ensure that horizontal rotating shafts, such as the shaft on the end of the DL1 Lo-Boy Icing Station 111450, were adequately protected from contact with employees by stationary casing which enclosed the shafting.     b) DL-1 Production- On January 19, 2022, the employer did not to ensure that horizontal rotating shafts, such as the shafts on the DL1 Chunker Conveyor 110540 above the passageway, were not protected from contact with employees by stationary casing which enclosed the shafting.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.219(c)(3): Vertical or inclined shafting seven (7) feet or less from floor or working platform was not enclosed with stationary casing(s):  a) Danish Icing Room- On or about January 19, 2023, the employer did not ensure that all areas where rotating shafts were exposed at seven feet or less from the working level, such as the unguarded rotating shafts on the bottom of Likwifier 1 111460 and Likwifier 2 111470, that they were provided with guarding and encased to protect the employees.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $12,278 · Current $9,822 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1)  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   a)	DL-1 Production - On or about February 2, 2023, the employer did not ensure that all ends of rotating shafts that were not smooth were provided with guarding or encasement to protect the employees while accessing areas under and around equipment, such as the bottom of the motor shaft end for the DLl I.J. White Spiral Cooler B 111570.  b)	Production Areas - On or about January 19, 2023, and subsequent dates, the employer did not ensure that the chains and sprockets at the bottom of the motors and conveyors that were within seven feet or less from the ground, such as on the DLl I.J. White Spiral Cooler B 111570, DL2 I.J. White Spiral Cooler A 121790, FL3 I.J. White Spiral Cooler A 230960, and the FL3 I.J. White Spiral Cooler B 231100, were provided with guards on all exposed sides to enclose the hazard posed by the moving equipment.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $156,259 · Current $156,259

General-duty citation text

1910.147(c)(4)(ii)  The procedures shall clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, the following:  DLI and DL2 Production - On or about December 13, 2023, through January 14, 2023, the employer's energy control procedures did not clearly and specifically outline the scope, purpose, authorization, rules, and/or techniques to be utilized to control energy sources on the DL I and DL2 production equipment including those listed below: -DLI Lo� Boy Icing Station 111450, -DLI Dough Chunker 110530, -DL2 Dough Chunker 120530. Production and sanitation employees were exposed to caught-in and struck-by hazards associated with energized equipment, unexpected machine start-up, or release of energy sources such as, but not limited to, electrical, pneumatic, gravitational, and hydraulic, when energy control procedures were not utilized prior to setup, unjamming, and cleaning.  Further, the employer did not ensure that its machine-specific lockout/tagout procedures clearly and specifically addressed the proper shut down, isolation, blocking and securing of the production equipment, including those listed below. Employees were exposed to caught-in and struck-by hazards associated with the energized equipment, unexpected machine start-up or release of energy sources, such as, but not limited to, electrical, pneumatic, gravitational, and hydraulic, when energy control procedures did not clearly and specifically address the requirements of 1910.147 (c)(4)(ii)(A) through (D) prior to setup, unjamming, cleaning, and sanitation. DL-1 and DL-2 Production - On or about December 20, 2022, and subsequent dates, the employer did not outline the techniques to be utilized for the control of potential hazardous energy on equipment such as the DLI Advance Ingredient Lift 110520, DLI Electric Guillotine 110920, DL1 Pneumatic Guillotine 110930, and the DL2 Advance Air Ingredient Lift 120560. The written procedure failed to identify all forms of hazardous energy and the means and methods to secure the equipment. This included the pneumatic, hydraulic, and potential gravitation hazardous energy and the procedure did not include the correct location to apply lockout to render the equipment in a safe state.  DL-1 and DL-2 Packaging - On or about December 20, 2022, and subsequent dates, the employer did not outline the techniques to be utilized for the control of potential hazardous energy on equipment such as the DLlPearson Case Erector 112390, DLI Delta Wrapper 1111690, DLI Delta Wrapper 2 111730, DLI Delta Wrapper 3 111770, DLI Delta Wrapper 4 111820, DLI Delta Wrapper 5 111860, DLI Delta Wrapper 6 111900, DL2 Pearson Case Erector 122480, DL2 Smurfit Tray Former 122230, DL2 Delta Wrapper 7 121950, DL2 Delta Wrapper 8 121990, DL2 Delta Wrapper 9 122030, and the DL2 Delta Wrapper 10 122070. All established procedures failed to identify the means, methods and location for the dissipation of pneumatic energy when securing equipment. The established procedures provided inaccessible gate valve locations as well as a generic statement and did not give instruction on how to bleed off stored pressure and the location of a gauge or other means to verify all residual air has been dissipated. FL-3 Packaging - On or about December 20, 2022, the employer did not outline the techniques to be utilized for the control of potential hazardous energy on equipment such as the FL3 Benda Cadie Conveyor 231430. This failure prevented employees from knowing the proper information on how to secure all sources of energy, including the electrical and pneumatic power.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other_ written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(d): The established procedure for the application of energy control (the lockout or tagout procedure) was not done in sequence as required by 29 CFR 1910.147(d)(1) through (d)(6):  (1) prepare for shut down by recognizing energy hazards and its controls; (2) turn off and shut down the machines; (3) physically locate and operate energy isolating devices in such a manner as to isolate the machine or equipment from the energy source; (4) affix lockout or tagout devices to each energy isolating device; (5) render safe all potentially hazardous stored or residual energy; and,  (6) verify that isolation and de-energization of the machine or equipment have been accomplished.   The employer did not ensure that (d)(1) through (d)(6) sequence was followed by production and sanitation employees performing setup, unjamming, and cleaning on their assigned DL-1, DL-2, and FL-3 equipment. Personal protection of each employee prior to starting work was not ensured by properly secured energy sources. Employees were exposed to struck-by and caught-in hazards associated with energized equipment, unexpected machine start-up, or release of energy:  a) DL-1 Production- On or about December 13, 2022, Production employees were exposed to machine hazards associated with pinch points and moving parts from the DL1 Lo-Boy Icing Station 111450 when performing setup of the equipment.  b) DL-1 Production- On or about January 7, 2023, Sanitation employees were exposed to machine hazards associated with pinch points and moving parts from the DL1 Shaffer Dough Mixer 110500 when performing sanitation of the equipment.  c) DL-2 Production- On or about January 14, 2023, Sanitation employees were exposed to machine hazards associated with pinch points and moving parts from the DL2 Shaffer Dough Mixer 120500 when performing sanitation of the equipment.  d) FL-3 Mezzanine- On or about January 14, 2023, Sanitation employees were exposed to machine hazards associated with pinch points and moving parts from the FL3 I.J White Spiral Cooler A 230960 when performing sanitation of the equipment.  e) FL-3 Mezzanine- On or about January 14, 2023, Sanitation employees were exposed to machine hazards associated with pinch points and moving parts from the FL3 I.J White Spiral Cooler B 231100 when performing sanitation of the equipment.   f) FL-3 Packaging - On or about December 20, 2022, Production employees were exposed to machine hazards associated with pinch points and moving parts from the Line FL3 Benda Cadie Conveyor 231430 Packaging Box Stopper when performing unjamming of the equipment.  The employer did not implement energy control application steps as the machines were not shut down or turned off for setup, cleaning, and unjamming of equipment [per the 1910.147(d)(2) requirements].  As a result, the remaining applicable energy control elements, involving machine isolation [(d)(3)], LOTO device application [(d)(4)], dissipation of residual energy [(d)(5)(i)], and verification of isolation [(d)(6)], were not implemented to protect employees from machine hazards.  Hostess Brands, LLC was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.147(d), which was contained in OSHA inspection number 1351119, citation number 01, item number 001a, and was affirmed as a final order on April 8, 2019, with respect to a workplace located at 2035 North Narragansett Avenue in Chicago, Illinois.  Hostess Brands, LLC was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.147(d), which was contained in OSHA inspection number 1452488, citation number 01, item number 001a, and was affirmed as a final order on April 11, 2020, with respect to a workplace located at 2035 North Narragansett Avenue in Chicago, Illinois.  Hostess Brands, LLC was previously cited for a violation of this Occupational Safety and Health Standard or its equivalent standard 29 CFR 1910.147(d)(2), which was contained in OSHA inspection number 1479852, citation number 02, item number 001a, and was affirmed as a final order on November 19, 2020, with respect to a workplace located at 1969 Victory Drive in Columbus, Georgia.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

Jun 9, 2023

Abate by

Jun 29, 2023

Penalty

Initial $73,667 · Current $37,505 Reduced

General-duty citation text

29 CFR  1910.147(c)(6)(i): The employer did not conduct an annual or more frequent inspection of the energy control procedure to ensure that the procedure and requirements of this standard were followed:  a) The employer did not conduct annual periodic inspections of the energy control procedures and reviews with authorized employees assigned to setup, clean, and sanitize (service/maintain) their DL-1, DL-2, and FL-3 production equipment, including for those listed below: - DL1 Advance Ingredient Lift 110520, - DL1 Electric Guillotine 110920, - DL1 Pneumatic Guillotine 110930, - DL2 Advance Air Ingredient Lift 120560, - FL3 Benda Cadie Conveyor 231430.   Employees were exposed to caught-in and struck-by hazards associated with energized equipment, unexpected machine start-up or release of energy sources due to the lack of periodic inspections to identify any deviations or inadequacies for correction. The review of each employee's responsibility under the procedure, with either the individual or groups of employees, was not performed because periodic inspections of the machine-specific lockout procedures were not conducted.   In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification.  This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.  Hostess Brands, LLC was previously cited for a violation of this Occupational Safety and Health Standard 29CFR 1910.147(c)(6)(i), which was contained in OSHA inspection number 1479852, citation number 2, item number 1b, and was affirmed as a final order on November 19, 2020, with respect to a workplace located at 1969 Victory Drive in Columbus, Georgia.