OSHA Inspection: THE DELONG CO. INC.

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $8,929 · Current $5,357 Reduced

General-duty citation text

29 CFR  1910.22(a)(1): All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.  On or about February 8, 2023, the employer did not ensure that the storage areas in the workshop were maintained free of hazards such as the accumulation of materials that exposes employees to hazards from slips, trips, falls, or fires.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

Jul 20, 2023

Penalty

Initial $6,696 · Current $4,018 Reduced

General-duty citation text

29 CFR  1910.25(c)(3): The employer must ensure standards stairs: Have a minimum tread depth of 9.5 inches (24 cm).  On or about February 8, 2023, the employer did not ensure the stairway leading up to the platform at the Building 200 Load Out Hoppers had a minimum tread depth of 9.5 inches (24 cm). Employees were exposed to trips and falls from heights.  Corrected During Inspection.

Issued

Jul 20, 2023

Penalty

Initial $8,929 · Current $5,357 Reduced

General-duty citation text

29 CFR  1910.106(d)(3)(ii)(a): Metal storage cabinets construction. The bottom, top, door, and sides of cabinet were not at least No. 18 gage sheet iron and double walled with 1 1/2 - inch air space. Joints were not riveted, welded or made tight by some equally effective means. The door was not provided with a three-point lock, and the door sill was not raised at least 2 inches above the bottom of the cabinet.   On or about February 8, 2023, the employer did not ensure the storage cabinet for flammable liquids met the requirements of 29  CFR  1910.106(d)(3)(ii). The cabinet used appeared to be an electrical cabinet that was repurposed for use as flammable storage. Although the cabinet was metal, it did not meet the requirements as the bottom, top, door and sides of cabinet were not at lease No 18 gauge sheet iron and double walled with 1 1/2-inch air space.  Also, joints were not riveted welded or made tight by some equally effective means and the door was not provided with a three-point lock and raised at least 2 inches above the bottom of the cabinet. Employees were exposed to fire hazards and injuries.   Corrected During Inspection.

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $13,394 · Current $8,036 Reduced

General-duty citation text

29 CFR  1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use.   On or about February 8, 2023, the employer did not implement their written respiratory protection program for those employees required to wear respiratory protection, including filtering facepiece N95 Particulate Respirator exposing employees to respiratory hazards.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(2)(ii): In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically able to use that respirator, and that the respirator is cleaned, stored, and maintained so that its use does not present a health hazard to the user. Exception: Employers are not required to include in a written respiratory protection program those employees whose only use of respirators involves the voluntary use of filtering facepieces (dust masks).  (a) On or about February 8, 2023, the employer did not ensure that employee(s) using a respirator voluntarily were medically able to use a Air-Purifying Half-mask respirator exposing employee(s) to respiratory hazards and illnesses.  (b) On or about February 8, 2023, the employer did not ensure that employee(s) using a respirator voluntarily kept the respirator cleaned, stored, and maintained so that its use did not present a health hazard to the user exposing employee(s) to respiratory and health illness hazards.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(d)(3)(iv): The employer did not provide the appropriate respirator for protection against particulates.   On or about February 8, 2023, the employer did not ensure employee(s) using a 3 Air-Purifying Half-mask respirator were supplied with the appropriate filter or cartridge to protect against particulates.   The employee was using a cartridge to protect against organic vapors, thus the exposure to particulate respiratory hazards remained.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $13,394 · Current $8,036 Reduced

General-duty citation text

29 CFR  1910.134(e)(1): General. The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee's medical evaluations when the employee is no longer required to use a respirator.  On or about February 9, 2023, the employer did not provide medical evaluations to employees required to wear respiratory protection, including filtering facepiece 3M N95 Particulate Respirator (8511) exposing them to potential health hazards and respiratory illnesses.   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(1)(i) Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition.  On or about February 8, 2023, the employer did not ensure that employee(s) using a 3M Air-Purifying Half-mask respirator maintained the respirator in clean, sanitary, or in good working order exposing the employee(s) to health related illnesses and respiratory hazards.   Abatement certification is required of this item in accordance with the requirements of 29 CFR 1903.19(c).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(d)(4): Provide the following equipment (specified in paragraphs (d)(4)(i) through (d)(4)(ix) of this section) at no cost to employees, maintain that equipment properly, and ensure that employees use that equipment properly:  On or about February 8, 2023, employees engaged in cleaning out underground pits labeled as Permit Required Confined Space, were not provided the necessary entry equipment. For example, employees entered Pit 1-West/The Riley Pit, Pit 4 and "the pit up on the hill," wearing a harness with an available lifeline, but no anchor point or means to tie off for rescue. Employees are exposed to potential atmospheric hazards, and machine hazards during entry into these spaces.  Abatement documentation  is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $11,162 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(i)(10): Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants.  On or about February 8, 2023, the employer did not ensure that the attendant for entry into permit required confined space pits performed no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants.  The attendants were performing other duties such as taking buckets from the entrants and walking to a skid steer to dump the buckets.   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR 1910.146(k)(1)(iii)(A):  The employer shall select a rescue team or service from those evaluated that: Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified.  On or about February 8, 2023, the employer did not ensure that the rescue team or service selected had the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified.   Employees are exposed to potentially life-threatening atmospheric and machine hazards.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(2)(iii): Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available.  On or about February 8, 2023, the employer did not train affected employees in basic first aid and cardiopulmonary resuscitation (CPR), exposing employees to potential life threatening hazards.  Corrected During Inspection.

Issued

Jul 20, 2023

Penalty

Initial $6,696 · Current $4,017 Reduced

General-duty citation text

29 CFR  1910.178(q)(1): Any power-operated industrial truck not in safe operating condition shall be removed from service. All repairs shall be made by authorized personnel.  On or about February 8, 2023, the employer did not ensure that industrial trucks were in safe operating condition or removed from service for repairs. Employees were exposed to injuries related to operating unsafe equipment, such as struck by, caught between, or collisions.   Corrected During Inspection.

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $15,625 · Current $9,375 Reduced

General-duty citation text

29 CFR  1910.272(g)(1)(i): The employer shall issue a permit for entering bins, silos, or tanks unless the employer or the employer's representative (who would otherwise authorize the permit) is present during the entire operation. The permit shall certify that the precautions contained in this paragraph (1910.272(g)) have been implemented prior to employees entering bins, silos or tanks. The permit shall be kept on file until completion of the entry operations.  On or about February 8, 2023, the employer allowed employees to enter grain bins with no permit for entering the bin.   Employees are exposed to atmospheric hazards, moving machinery, and entrapment.  Abatement documentation  is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(g)(1)(iv): "Walking down grain" and similar practices where an employee walks on grain to make it flow within or out from a grain storage structure, or where an employee is on moving grain, are prohibited.  On or about February 8, 2023, the employer did not prohibit employees from "walking down grain" or prohibit employees from being on/in moving grain. Employees are exposed to engulfment hazards.   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(g)(2): Whenever an employee enters a grain storage structure from a level at or above the level of the stored grain or grain products, or whenever an employee walks or stands on or in stored grain of a depth which poses an engulfment hazard, the employer shall equip the employee 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.   On or about February 8, 2023, employees were exposed to engulfment hazards in Bin 2 when the employer allowed employees to walk or stand on or in stored grain of a depth which posed an engulfment hazard. The employer did not provide adequate equipment to prevent employees from sinking further than waist-deep in the grain.   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.272(g)(4): The employer shall provide equipment for rescue operations which is specifically suited for the bin, silo, or tank being entered.  On or about February 8, 2023, the employer allowed employees to enter grain bins without an effective means of rescue. Employees are exposed to engulfment or entrapment hazards without an effective means of rescue which could result in a life altering disability and/or death.   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 20, 2023

Abate by

Aug 17, 2023

Penalty

Initial $6,696 · Current $4,018 Reduced

General-duty citation text

29 CFR  1910.1200(f)(6): Workplace labeling. Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with either as required.   On or about February 8, 2023, the employer did not ensure that each container of hazardous chemicals was labeled, tagged, or marked as required. There were multiple bottles that appeared to have been purchased with the original contents and then repurposed when empty for fill and transfer of unknown chemicals/oils. Employees are exposed to injury and illness from unknown chemical exposure or potential fires due to the storage of unlabeled, unmarked flammable liquids.   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).