OSHA Inspection: FRESH DIRECT, LLC

Issued

Jul 28, 2023

Abate by

Oct 18, 2023

Penalty

Initial $6,696 · Current $4,800 Reduced

General-duty citation text

29 CFR  1910.37(b)(2):Each exit was not clearly visible and marked by a sign reading "Exit":  a)   Hot Kitchen - Northwest Side:     The exit door leading from this room to the Wash Room and hallway was not marked as an exit; on or about 3/28/23.   b)  Chill Mezzanine - C4 Level.   The exit door leading to the stairwell which led to the Shipping Department was not marked as an exit; on or about 3/28/23.  The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 28, 2023

Abate by

Oct 18, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.37(b)(5): Each doorway or passage along an exit access that could be mistaken for an exit was not marked "Not an Exit" or similar designation, or be identified by a sign indicating its actual use (e.g. closet):   a)   Dry Storage Room for Hot Kitchen:    Three doors which were not exit doors were not marked as "Not an Exit" or by an equivalent sign on or about 7/5/23.   The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.

Issued

Jul 28, 2023

Abate by

Oct 18, 2023

Penalty

Initial $6,696 · Current $4,500 Reduced

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(g)(5)(ii):  Where mobile test vans were used to meet the audiometric testing obligation, the employer did not obtain a valid baseline audiogram within 1 year of an employee's first exposure at or above the action level:  a) Chill Department - 1st Floor,  Personal Shopper  Conveyor Line Picking Stations at Lines G3, G4 and G5:   On or about 7/6/23,  Personal Shoppers picking produce from conveyor lines were exposed to noise levels in excess of the OSHA Action Level of 85 dBa  and the employer did not establish a baseline audiogram for all employees working in the location within 1 year.     Employees were exposed to  continuous noise levels which ranged from 87.8 dBa to 89.4 dBA as an 8-hour Time Weighted Average (TWA), which was equivalent to 73.73% to 91.38% of the OSHA Permissible Exposure Limit of 90dBa.     The sampling times ranged from 419 minutes to 424 minutes and zero exposure was assumed for the unsampled period of time.     In addition to abatement certification, the employer is required to submit abatement documentation for this item.  Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19.

Issued

Jul 28, 2023

Abate by

Oct 18, 2023

Penalty

Initial $0 · Current $0

Hazardous substances 8111

General-duty citation text

29 CFR  1910.95(k)(1): The employer did not train each employee who is exposed to noise at or above an 8-hour time-weighted average of 85 decibels in accordance with the requirements of 29 CFR 1910.95(k). The employer did not institute a training program and ensure employee participation in the program:   a) Chill Department - 1st Floor,  Personal Shopper  Conveyor Line Picking Stations at Lines G3, G4 and G5:   On or about 7/6/23,  Personal Shoppers picking produce from conveyor lines were exposed to noise levels in excess of the OSHA Action Level of 85 dBa  and the employer did train each employee  in accordance with the requirements of  the standard.    Employees were exposed to  continuous noise levels which ranged from 87.8 dBa to 89.4 dBA as an 8-hour Time Weighted Average (TWA), which was equivalent to 73.73% to 91.38% of the OSHA Permissible Exposure Limit of 90dBa.     The sampling times ranged from 419 minutes to 424 minutes and zero exposure was assumed for the unsampled period of time.     In addition to abatement certification, the employer is required to submit abatement documentation for this item.  Failure to comply will result in additional penalty of $ 1,000.00 as per 29 CFR 1903.19.

Issued

Jul 28, 2023

Abate by

Oct 18, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1):  Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a) Hot Kitchen and Food Processing Areas:   Fresh Direct employees working in these areas regularly walked  through a chemical sanitizing door foam containing diluted EnviroQuat  [Alkyl (C12-16) dimethylbenzylammonium chloride and 1-Decanaminium, N,N-dimethyl-N-octyl-chloride] and were not aware of the hazards of the chemical and safety data sheets  on or about 2/16/23.   In the alternative:    29 CFR  1910.1200(e)(1)(ii):   The written hazard communication program did not include the methods the employer will use to inform employees of the hazards of non routine tasks, and the hazards associated with chemicals contained in unlabeled pipes in their work areas:   The employer is required to submit abatement certification for this item in accordance with 29 CFR 1903.19, failure to comply will result in additional penalty of $ 1,000.00.