OSHA Inspection: ARCHER-DANIELS-MIDLAND COMPANY

Issued

Oct 17, 2023

Abate by

Nov 1, 2023

Penalty

Initial $12,278 · Current $16,131

General-duty citation text

29 CFR 1910.272(j)(2)(ii): The employer shall immediately remove any fugitive grain dust accumulations whenever they exceeded 1/8 inch (.32cm) at priority housekeeping areas, pursuant to the housekeeping program, or shall demonstrate and assure, through the development and implementation of the housekeeping program, that equivalent protection is provided:  The employer does not ensure that fugitive grain dust accumulations are removed whenever they exceed 1/8 inch (.32 cm) at priority housekeeping areas-  (a) On or about April 19, 2023, at the South End of the West Plant's Elevator A, accumulations of fugitive grain dust exceeded 1/8 inch within 35 feet of the South Transfer Leg bucket elevator's casings on Level 9 (Tripper Belt Level) and within 35 feet of the South Transfer leg bucket elevator's head section on the mezzanine level above Level 9.  The South Transfer Leg bucket elevator is used for the movement of soybeans at this location.  Accumulations that exceeded 1/8 inch were documented on surfaces such as, but not limited to, the following:  (i) surface of electrical conduit approximately 30' 2" NE of the South Transfer Leg bucket elevator casings (near Bin 64) - Level 9; (ii) surface of a pipe over the tripper belt approximately 30' 2" NE of the South Transfer Leg bucket elevator casings (near Bin 64) - Level 9; (iii) surfaces of multiple horizontal wall beams approximately 21' 5" NE of the South Transfer Leg bucket elevator casings (near Bin 65) - Level 9; (iv) surface of a horizontal wall beam approximately 13' 1" NE of the South Transfer Leg bucket elevator casings (near Bin 65) - Level 9; (v) surface of an I-beam approximately 7' 4" NE of the South Transfer Leg bucket elevator casings- Level 9; (vi) surface of a discharge spout just N of the South Transfer Leg bucket elevator casings - Level 9; (vii) surface of an I-beam supporting the leg head access mezzanine just W of the South Transfer Leg bucket elevator casings - Level 9;  (viii) surface of an I-beam supporting the leg head access mezzanine just NW of the South Transfer Leg bucket elevator casings - Level 9; (ix) surface of a horizontal wall beam just NW of the South Transfer Leg bucket elevator's head section - mezzanine above Level 9; (x) surface of a horizontal wall beam just N of the South Transfer Leg bucket elevator's head section - mezzanine above Level 9; (xi) surfaces of a horizontal wall beams just NE of the South Transfer Leg bucket elevator's head section - mezzanine above Level 9; (xii) surface of a horizontal flange on the E side of the South Transfer Leg bucket elevator's head section cover - mezzanine above Level 9; (xiii) surface of a horizontal flange on the W side of the South Transfer Leg bucket elevator's head section cover - mezzanine above Level 9; (xiv) surface of diagonal bracing just NW of the South Transfer Leg bucket elevator's head section - mezzanine above Level 9; (xv) surface of diagonal bracing just W of the South Transfer Leg bucket elevator's head section - mezzanine above Level 9; (xvi) surface of a L-beam just NW of the South Transfer Leg bucket elevator's head section - mezzanine above Level 9; (xvii) surface of an I-beam just W of the South Transfer Leg bucket elevator's head section - mezzanine above Level 9

Issued

Oct 17, 2023

Abate by

Dec 8, 2023

Penalty

Initial $156,259 · Current $16,131 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees working in and around the corn germ unloading and elevating operation on the North end of Elevator A were exposed to combustible agricultural dust deflagration and explosion hazards associated with an indoor bucket elevator (Leg 1):  The employer does not ensure that employees working in buildings with indoor bucket elevators having combustible agricultural dust deflagration/explosion hazards are adequately protected from those hazards -  (a) On or about April 20, 2023, at the North end of the West Plant's Elevator A, employees were exposed to combustible agricultural dust deflagration and explosion hazards from the unloading and elevating of dehydrated corn germ materials and associated dust within the indoor Leg 1 bucket elevator that presented un-mitigated deflagration and explosion hazards.  Leg 1 was operated in a manner that presented combustible grain dust deflagration and explosion hazards in that fuel, oxygen, containment, suspension, and ignition sources were capable of being present at the same time within the system and Leg 1's  deflagration detection and chemical suppression system for explosion protection/deflagration propagation protection was not maintained in a fully operable condition.   Frequent inspections and tests were not being performed.   The last quarterly inspection of the system and the last annual inspection and test of the system was performed in late 2016.  Feasible means and methods of abatement include following the instructions and guidance provided by the system manufacturer's manual and National Fire Protection Association (NFPA) Standards 61 "Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities, 2020 edition" - Section 8.7 (Management Systems - Inspection, Testing, and Maintenance) and 69 "Standard on Explosion Prevention Systems, 2019 edition" - Sections 10.4.3.4 (Deflagration Control by Suppression - Maintenance and Inspection), 11.4.2.4 (Deflagration Control by Active Isolation -  Maintenance), 11.4.2.5 (Deflagration Control by Active Isolation - Inspection),  and 15.7 (Explosion Prevention System - Inspection).    Perform inspections and tests of deflagration detection and explosion protection/deflagration propagation protection systems at intervals established by the manufacturer and the NFPA and in accordance with the requirements established by the manufacturer and the NFPA.  The manufacturer of the deflagration detection and chemical suppression system utilized at the time of the event requires specific actions (interim inspections) to be performed on a quarterly basis after installation with certain inspection/maintenance procedures and a simulated discharge to be performed by manufacturer representatives every fourth quarter after installation (annual maintenance).  These manufacturer requirements are in-line with those found in NFPA 69.

Issued

Oct 17, 2023

Abate by

Dec 8, 2023

Penalty

Initial $156,259 · Current $161,323

General-duty citation text

29 CFR 1910.272(m)(1)(i): The employer shall implement preventative maintenance procedures consisting of regularly scheduled inspections of at least the mechanical and safety control equipment associated with dryers, grain stream processing equipment, dust collection equipment including filter collectors, and bucket elevators:  The employer does not ensure that employees working in buildings with indoor bucket elevators having combustible agricultural dust deflagration/explosion hazards are adequately protected from those hazards -  On April 19, 2023, at the South end of the West Plant's Elevator A, the employer operated the South Transfer Leg bucket elevator without having performed regularly scheduled inspections of the deflagration detection and chemical suppression system installed on the leg for explosion protection/deflagration propagation purposes since late 2016. This violation did not result in an event or injury.

Issued

Oct 17, 2023

Abate by

Nov 16, 2023

Penalty

Initial $0 · Current $16,131

General-duty citation text

29 CFR 1910.22(d)(2):  The employer must ensure that hazardous conditions on walking-working surfaces are corrected or repaired before an employee uses the walking-working surface again.  If the correction or repair cannot be made immediately, the hazard must be guarded to prevent employees from using the walking-working surface until the hazard is corrected or repaired:  (a) On or about April 19, 2023, and April 20, 2023, an uncorrected and unrepaired floor hole existed at South End of the West Plant's Elevator on Level 9 (Tripper Belt Level), Northeast of the South Transfer leg bucket elevator casing along the East wall.