OSHA Inspection: BRAKEBUSH BROTHERS, INC.

Issued

Jun 30, 2023

Abate by

Jul 31, 2023

Penalty

Initial $9,488 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(d)(6): Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations;  NOTE: Attendants may be assigned to monitor more than one permit space provided the duties described in paragraph (i) of this section can be effectively performed for each permit space that is monitored. Likewise, attendants may be stationed at any location outside the permit space to be monitored as long as the duties described in paragraph (i) of this section can be effectively performed for each permit space that is monitored.   On or about January 4, 2023, at the facility located at N4993 6th Drive, Westfield, WI, the employer was not utilizing an attendant while an employee was working in a permit required confined space. The employee was working in the L1 Nitrogen Freezer which was designated as a permit required confined space. The employee was utilizing the alternative procedures for entry into a permit required confined space with atmospheric hazards only per 29 CFR 1910.146(c)(5). The L1 Nitrogen Freezer has atmospheric and mechanical hazards which does not meet the requirement for utilization of the alternative procedures for entry into a permit required confined space with atmospheric hazards only per 29 CFR 1910.146(c)(5).

Issued

Jun 30, 2023

Abate by

Jul 31, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(e)(1): Before entry is authorized, the employer shall document the completion of measures required by paragraph (d)(3) of this section by preparing an entry permit:  On or about January 4, 2023, at the facility located at N4993 6th Drive, Westfield, WI, the required information for a permit required confined space entry permit was not documented on the Confined Space Entry - L1 Freezer Reclassification Documentation for entry into the L1 Nitrogen Freezer. An employee was working in the L1 Nitrogen Freezer which was designated as a permit required confined space. The employee was utilizing the alternative procedures for entry into a permit required confined space with atmospheric hazards only per 29 CFR 1910.146(c)(5). The L1 Nitrogen Freezer has atmospheric and mechanical hazards which does not meet the requirement for utilization of the alternative procedures for entry into a permit required confined space with atmospheric hazards only per 29 CFR 1910.146(c)(5).   The missing information from the Confined Space Entry - L1 Freezer Reclassification Documentation includes, but is not limited to, the following: a) The purpose of the entry. b) The authorized duration of the entry. c) The name of the employee currently serving as the attendant. d) The name of the employee currently  serving as the entry supervisor. e) The hazards of the permit space to be entered. f) The measures used to isolate the permit space and to eliminate or control permit space hazards before entry. g) The acceptable entry conditions. h) The rescue and emergency services that can be summoned and the means for summoning those services. i) The communication procedures used by authorized entrants and attendants to maintain contact during the entry. j) The equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment to be provided for compliance with this section.

Issued

Jun 30, 2023

Abate by

Jul 31, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(c)(7)(iii): The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be made available to each employee entering the space or to that employee's authorized representative.  On or about January 4, 2023, at the facility located at N4993 6th Drive, Westfield, WI, the employee entering the Ammonia Spiral Freezers were not documenting the mechanical hazards in the Ammonia Spiral Freezers had been locked out before entry.

Issued

Jun 30, 2023

Abate by

Jul 31, 2023

Penalty

Initial $9,488 · Current $0 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i):Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section (Note: Exception: The employer need not document the required procedure for a particular machine or equipment, when all of the following elements exist: (1) The machine or equipment has no potential for stored or residual energy or reaccumulation of stored energy after shut down which could endanger employees; (2) the machine or equipment has a single energy source which can be readily identified and isolated; (3) the isolation and locking out of that energy source will completely deenergize and deactivate the machine or equipment; (4) the machine or equipment is isolated from that energy source and locked out during servicing or maintenance; (5) a single lockout device will achieve a locker-out condition; (6) the lockout device is under the exclusive control of the authorized employee performing the servicing or maintenance; (7) the servicing or maintenance does not create hazards for other employees; and (8) the employer, in utilizing this exception, has had no accidents involving the unexpected activation or reenergization of the machine or equipment during servicing or maintenance.):  On or about May 5, 2023, at the facility located at N4993 6th Drive, Westfield, WI, the employer had not developed, documented or utilized a lockout procedure for employees entering Flow-Through Pallet Racking lanes to unjam pallets in Freezers 1 and 2.

Issued

Jun 30, 2023

Abate by

Jul 31, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(d)(4)(i): Lockout or tagout devices shall be affixed to each energy isolating device by authorized employees:  On or about January 4, 2023, at the facility located at N4993 6th Drive, Westfield, WI, the employee cleaning the Line 4 Marination Area, Slicer Infeed Auger Conveyor had not locked out the energy sources for the piece of equipment.