OSHA Inspection: FREMAR, LLC

Issued

Aug 2, 2023

Penalty

Initial $5,122 · Current $3,500 Reduced

General-duty citation text

29 CFR  1910.23(b)(10): The employer did not ensure that any ladder with structural or other defects was immediately tagged "Dangerous: Do Not Use" or with similar language in accordance with � 1910.145 and removed from service until repaired in accordance with � 1910.22(d), or replaced:  (a)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that south scale fixed ladder used to enter and egress into a permit-required confined space was in serviceable condition. This condition exposed employees to skin impalement and puncture hazards from the sharp protruding metal surfaces.  (b)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that middle scale fixed ladder used to enter and egress into a permit-required confined space was in serviceable condition. This condition exposed employees to skin impalement and puncture hazards from the sharp protruding metal surfaces.

Issued

Aug 2, 2023

Abate by

Aug 28, 2023

Penalty

Initial $8,036 · Current $7,000 Reduced

General-duty citation text

29 CFR  1910.29(b)(13)(i): The employer did not ensure the guardrail system opening used around holes that serve as points of access (such as ladderways) had a self-closing gate that slides or swings away from the hole, and was equipped with a top rail and midrail or equivalent intermediate member that met the requirements in paragraph (b) of this section:  (a)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that employees were protected from fall hazards in the Fertilizer Plant south catwalk area due to no self-closing gates equipped with a top or midrail at the fixed ladder opening.  This condition exposed employees to fall hazards greater than four feet.  (b)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that employees were protected from fall hazards in the Fertilizer Plant middle catwalk area due to no self-closing gates equipped with a top or midrail at the fixed ladder opening.  This condition exposed employees to fall hazards greater than four feet.

Issued

Aug 2, 2023

Abate by

Aug 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.30(a)(1): The employer did not provide training for each employee who uses personal fall protection systems or who is required to be trained as specified elsewhere in this subpart before any employee is exposed to a fall hazard. And/or the employer did not ensure employees are trained in the requirements of this paragraph on or before May 17, 2017.  (a)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that the employee was properly trained on the use of fall protection systems prior to being exposed to the fall hazards while working on grain leg catwalks and grain bin handling systems.  This condition exposed the employee to fall hazards greater than four feet.

Issued

Aug 2, 2023

Abate by

Aug 28, 2023

Penalty

Initial $10,046 · Current $8,000 Reduced

General-duty citation text

29 CFR  1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:   (a)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that permits were issued prior to employees entering the south pit located on site.  This condition exposed employees to hazards to include engulfment, asphyxiation, and mechanical hazards.

Issued

Aug 2, 2023

Abate by

Aug 28, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(g)(4): The employer did not certify that the training required by 29 CFR 1910.146(g)(1) through 29 CFR 1910.146(g)(3) had been accomplished:   (a) Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that unauthorized entry into permit-required confined space was prevented in that, employees were entering the south confined space pit for mechanical repairs and troubleshooting and did not have the required training to enter. This condition exposed employees to atmospheric and mechanical hazards.

Issued

Aug 2, 2023

Penalty

Initial $6,831 · Current $5,000 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)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure the top side of the drag conveyor on the catwalk level of the south leg was guarded.  This condition exposed employees to caught-in and amputation hazards associated with the unguarded drag conveyor.

Issued

Aug 2, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.219(d)(1): Pulleys with parts seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified in 29 CFR 1910.219(m) and (o):  (a)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure adequate guarding was in place on the north bin trough motor, in that the top side of the belt and pulley system were open.  This condition exposed employees to caught-in hazards associated with the unguarded belt and pulley.

Issued

Aug 2, 2023

Abate by

Aug 28, 2023

Penalty

Initial $14,063 · Current $9,000 Reduced

Hazardous substances E101E200G109

General-duty citation text

29 CFR  1910.272(j)(2)(ii):The employer did not immediately remove any fugitive grain dust accumulations whenever the exceeded 1/8 inch (.32cm) at priority housekeeping areas, pursuant to the housekeeping program for grain elevators:  (a)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that fugitive grain dust accumulations that exceeded 1/8 inch in priority housekeeping areas, to include but not limited to the upper top level of the annex building , were immediately removed.  This condition exposed employees to fire and explosion hazards associated with the excessive dust accumulations throughout the facility.

Issued

Aug 2, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):   (a)Fremar, LLC at 41065 270th Street, Dimock, SD 57331:  On or about and at times prior to April 3, 2023, the employer did not ensure that all forklift operators were competent to operate a powered industrial truck safely by a successful completion of a training program.  This condition exposed employees to struck-by hazards associated with improper forklift operations.