OSHA Inspection: DEER CREEK SEED, LLC.

Issued

Aug 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $4,465 · Current $3,126 Reduced

General-duty citation text

29 CFR 1910.95(c)(1):  The employer did not administer a continuing effective hearing conservation program, as described in 29 CFR 1910.95(c) through (o), whenever employee noise exposures equal or exceed an 8-hour time-weighted average (TWA) sound level of 85 decibels measured on the A scale or, equivalently, a dose of fifty percent:  (a) On April 13, 2023, an employee working in the Cleaning Plant was exposed to noise at  83.7% of the permissible daily dose, or an average sound level of 88.9 dBA, as measured over 466 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 88.7 dBA accounting for the period of 14 minutes unmonitored.

Issued

Aug 29, 2023

Abate by

Dec 1, 2023

Penalty

Initial $3,572 · Current $2,500 Reduced

General-duty citation text

29 CFR 1910.147(c)(1):  The employer did not establish a program consisting of an energy control procedure, employee training, and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:  (a) Throughout the facility; The employer did not establish a program consisting of documented energy control procedures, employee training, and periodic inspections for equipment such as, but not limited to, baggers, mixers, dust collectors, disc mills, length graders, elevators, and conveyors.

Issued

Aug 29, 2023

Abate by

Sep 27, 2023

Penalty

Initial $4,465 · Current $3,126 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) Cleaning Plant; The length graders rotating screening cylinders and augers were not adequately guarded.

Issued

Aug 29, 2023

Abate by

Sep 27, 2023

Penalty

Initial $4,465 · Current $3,126 Reduced

General-duty citation text

29 CFR 1910.212(a)(3)(ii):  Point of operation guards were not designed and constructed as to prevent the operator from having any part of their body in the danger zone during the operating cycle:  (a) Blending Room; Blender #1 did not have adequate guarding as the grate openings were approximately 2.5 inches by 3 inches.  (b) Blending Room; Blender #2 did not have adequate guarding as the grate openings were approximately 2 inches by 6 inches.

Issued

Aug 29, 2023

Abate by

Sep 27, 2023

Penalty

Initial $2,678 · Current $1,875 Reduced

General-duty citation text

29 CFR 1910.219(d)(1):  Pulley(s) with part(s) 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) Cleaning Plant, 2nd Level Seed Splitter; The pulley utilized to rotate the horizontal auger  was unguarded and less than 7 feet from the ground.

Issued

Aug 29, 2023

Abate by

Sep 27, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.219(e)(3)(i):  Vertical or inclined belt(s) were not enclosed by guard(s) conforming to the requirements specified at 29 CFR 1910.219(m) and (o):  (a) Cleaning Plant, 2nd Level Seed Splitter; The belt utilized to rotate the horizontal auger was unguarded and less than 7 feet from the ground.

Issued

Aug 29, 2023

Penalty

Initial $2,277 · Current $1,594 Reduced

General-duty citation text

29 CFR 1910.305(g)(2)(ii):  Flexible cords were not used only in continuous lengths without splice or tap:  (a) Cleaning Plant; Two flexible cords were spliced together to run an auger.

Issued

Aug 29, 2023

Abate by

Sep 27, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(2)(ii):  The employer did not establish and implement those elements of a written program necessary to ensure that any employee using a respirator voluntarily was medically able to use that respirator, and that the respirator was cleaned, stored, and maintained so that its use does not present a health hazard to the user:  (a) Throughout the facility; The employer provided 3M half facepiece respirators for employee protection against dust particulates, and the employer did not have a written program.

Issued

Aug 29, 2023

Abate by

Sep 27, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(ii):  The employer did not select and use a NIOSH-certified respirator in compliance with the conditions of its certification:  (a) Throughout the facility; The employer provided disposable face masks (U-Line S-24023BLU) for employee protection against dust particulates.