OSHA Inspection: MICELI DAIRY PRODUCTS CO.

Issued

Sep 27, 2023

Abate by

Dec 7, 2023

Penalty

Initial $15,469 · Current $7,650 Reduced

General-duty citation text

29 CFR  1910.95(c)(1): The employer did not implement and 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 sound level of 85 decibels measured on the A scale, or equivalently a dose of fifty percent.  a)  On or about May 12, 2023, an employee operating a machine on the soft mozzarella side was exposed to noise at 109% of the permissible daily dose, or an average sound level of 89.8 dB, as measured over 475 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 89.8 dB accounting for the period of 5 minutes unmonitored.  b) On or about May 12, 2023, an employee working at the block packer  located on the soft mozzarella side was exposed to noise at 73.8% of the permissible daily dose, or an average sound level of 87.9 dB, as measured over 470 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.8 dB accounting for the period of 10 minutes unmonitored.  c) On or about May 12, 2023, an employee working on the ricotta line was exposed to noise at 80.9% of the permissible daily dose, or an average sound level of 88.8dB, as measured over 450 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 88.8 dB accounting for the period of 30 minutes unmonitored.  d) On or about June 21, 2023, an employee working in the RO area was exposed to noise at 123.3% of the permissible daily dose, or an average sound level of 90.5 dB, as measured over 551 minutes of sampling.  This dose is equivalent to an 8-hour TWA exposure of 91.5 dB.  e) On or about June 22, 2023, an employee performing sanitation on the ricotta line was exposed to noise at 72.2% of the permissible daily dose, or an average sound level of 86.6 dB, as measured over 540 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.6 dB.   f) On or about June 22, 2023, an employee performing sanitation on the ricotta line was exposed to noise at 69.9% of the permissible daily dose, or an average sound level of 86.5 dB, as measured over 525 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.4 dB.  g) On or about June 22, 2023, an employee performing sanitation on the dicer located on the mozzarella side was exposed to noise at 110.1% of the permissible daily dose, or an average sound level of 91.4 dB, as measured over 430 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 90.6 dB accounting for the period of 50 minutes unmonitored.   h) On or about June 22, 2023, an employee performing sanitation on the DMC was exposed to noise at 96.7% of the permissible daily dose, or an average sound level of 89.8 dB, as measured over 477 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 89.7 dB accounting for the period of 3 minutes unmonitored.

Issued

Sep 27, 2023

Abate by

Dec 7, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(d)(1): When information indicated that any employee's exposure equaled or exceed the 8-hour time-weighted average of 85 decibels, the employer did not develop and implement a monitoring program:  The employer did not develop and implement a monitoring program for employees exposed to 8-hour time-weighted average (TWA) sound levels of 85 dBA or greater (50%).  a)  On or about May 12, 2023, an employee operating a machine on the soft mozzarella side was exposed to noise at 109% of the permissible daily dose, or an average sound level of 89.8 dB, as measured over 475 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 89.8 dB accounting for the period of 5 minutes unmonitored.  b) On or about May 12, 2023, an employee working at the block packer  located on the soft mozzarella side was exposed to noise at 73.8% of the permissible daily dose, or an average sound level of 87.9 dB, as measured over 470 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.8 dB accounting for the period of 10 minutes unmonitored.  c) On or about May 12, 2023, an employee working on the ricotta line was exposed to noise at 80.9% of the permissible daily dose, or an average sound level of 88.8dB, as measured over 450 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 88.8 dB accounting for the period of 30 minutes unmonitored.  d) On or about June 21, 2023, an employee working in the RO area was exposed to noise at 123.3% of the permissible daily dose, or an average sound level of 90.5 dB, as measured over 551 minutes of sampling.  This dose is equivalent to an 8-hour TWA exposure of 91.5 dB.  e) On or about June 22, 2023, an employee performing sanitation on the ricotta line was exposed to noise at 72.2% of the permissible daily dose, or an average sound level of 86.6 dB, as measured over 540 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.6 dB.   f) On or about June 22, 2023, an employee performing sanitation on the ricotta line was exposed to noise at 69.9% of the permissible daily dose, or an average sound level of 86.5 dB, as measured over 525 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.4 dB.  g) On or about June 22, 2023, an employee performing sanitation on the dicer located on the mozzarella side was exposed to noise at 110.1% of the permissible daily dose, or an average sound level of 91.4 dB, as measured over 430 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 90.6 dB accounting for the period of 50 minutes unmonitored.   h) On or about June 22, 2023, an employee performing sanitation on the DMC was exposed to noise at 96.7% of the permissible daily dose, or an average sound level of 89.8 dB, as measured over 477 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 89.7 dB accounting for the period of 3 minutes unmonitored.

Issued

Sep 27, 2023

Abate by

Dec 7, 2023

Penalty

Initial $15,469 · Current $7,650 Reduced

General-duty citation text

29 CFR 1910.95(g)(1): The employer did not establish and maintain an audiometric testing program as provided by 29 CFR 1910.95(g) by making audiometric testing available to all employees whose exposures equal or exceed an 8-hour time-weighted average of 85 decibels:  a)  On or about May 12, 2023, an employee operating a machine on the soft mozzarella side was exposed to noise at 109% of the permissible daily dose, or an average sound level of 89.8 dB, as measured over 475 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 89.8 dB accounting for the period of 5 minutes unmonitored. The employee has not had an annual audiogram.  b) On or about May 12, 2023, an employee working at the block packer  located on the soft mozzarella side was exposed to noise at 73.8% of the permissible daily dose, or an average sound level of 87.9 dB, as measured over 470 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.8 dB accounting for the period of 10 minutes unmonitored. The employee has not had a baseline audiogram.  c) On or about May 12, 2023, an employee working on the ricotta line was exposed to noise at 80.9% of the permissible daily dose, or an average sound level of 88.8dB, as measured over 450 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 88.8 dB accounting for the period of 30 minutes unmonitored. The employee has not had an annual audiogram.  d) On or about June 21, 2023, an employee working in the RO area was exposed to noise at 123.3% of the permissible daily dose, or an average sound level of 90.5 dB, as measured over 551 minutes of sampling.  This dose is equivalent to an 8-hour TWA exposure of 91.5 dB. The employee has not had an annual audiogram.  e) On or about June 22, 2023, an employee performing sanitation on the ricotta line was exposed to noise at 72.2% of the permissible daily dose, or an average sound level of 86.6 dB, as measured over 540 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.6 dB.  The employee has not had a baseline audiogram.  f)  On or about June 22, 2023, an employee performing sanitation on the ricotta line was exposed to noise at 69.9% of the permissible daily dose, or an average sound level of 86.5 dB, as measured over 525 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 87.4 dB. The employee has not had a baseline audiogram.  g) On or about June 22, 2023, an employee performing sanitation on the dicer located on the mozzarella side was exposed to noise at 110.1% of the permissible daily dose, or an average sound level of 91.4 dB, as measured over 430 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 90.6 dB accounting for the period of 50 minutes unmonitored. The employee has not had an annual baseline audiogram.

Issued

Sep 27, 2023

Abate by

Dec 7, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.95(g)(5)(i):The employer did not establish, within 6 months of an employee's first exposure at or above the action level, a valid baseline audiogram against which subsequent audiograms can be compared:  On or about June 22, 2023, an employee performing sanitation on the dicer located on the mozzarella side was exposed to noise at 91.8% of the permissible daily dose, or an average sound level of 90.1, as measured over 430 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 89.3 dB accounting for the period of 50 minutes unmonitored. The employer did not establish a baseline for employees that should have been a part of the hearing conservation program. The employee has been employed with the company for seven months.

Issued

Sep 27, 2023

Abate by

Dec 7, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.95(g)(6): At least annually after obtaining the baseline audiogram, the employer did not obtain a new audiogram for each employee exposed at or above an 8-hour time-weighted average of 85 decibels :  The employer did not obtain a new audiogram annually for employees exposed to 8-hour time-weighted average (TWA) sound levels of 85 dBA or greater (50% dose).   a) On or about May 12, 2023, an employee operating a machine on the soft mozzarella side was exposed to noise at 76.9% of the permissible daily dose, or an average sound level of 88.2 dB, as measured over 475 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 88.1 dB accounting for the period of 5 minutes unmonitored. This employee had a lapse in time between audiograms. The last audiogram performed for the employee was on March 30, 2022.  b) On or about May 12, 2023, an employee working on the ricotta line was exposed to noise at 80.9% of the permissible daily dose, or an average sound level of 88.8 dB, as measured over 450 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 88.8 dB accounting for the period of 30 minutes unmonitored. This employee had a lapse in time between audiograms. The last audiogram performed for the employee was on March 24, 2022.  c) On or about June 21, 2023, an employee working in the RO area was exposed to noise at 116.1% of the permissible daily dose, or an average sound level of 90 dB, as measured over 551 minutes of sampling. This dose is equivalent to an 8-hour TWA exposure of 91 dB. This employee had a lapse in time between audiograms. The last audiogram performed for the employee was on March 30, 2022.

Issued

Sep 27, 2023

Abate by

Dec 7, 2023

Penalty

Initial $15,469 · Current $7,650 Reduced

General-duty citation text

29 CFR 1910.95(i)(2)(ii)(A): The employer did not ensure that hearing protectors are worn by any employee who is exposed to an 8-hour time-weighted average of 85 decibels or greater and has not yet had a baseline audiogram established pursuant to 29 CFR 1910.95(g)(5)(ii):  a) On or about May 12, 2023, a temporary employee working at the block packer located on the soft mozzarella side was exposed to noise at 91.5% (8-hour, time-weighted average sound level of 85 dB or equivalently, a dose of 50 percent), during the 469 sampling period. This dose is equivalent to an 8-hour TWA exposure of 89.3 dB. Exposure calculations include a zero increment for the 11 minutes not sampled. The employee has been with the company for 7 days and was not required to wear hearing protection.  b) On or about May 12, 2023, a temporary employee an employee working at the block packer located on the soft mozzarella side was exposed to noise at 76.7% (8-hour, time-weighted average sound level of 85 dB or equivalently, a dose of 50 percent) during the 430 sampling period. This dose is equivalent to an 8-hour TWA exposure of 88.0 dB. Exposure calculations include a zero increment for the 50 minutes not sampled. The employee has been with the company for 3 months and was not required to wear hearing protection.  c) On or about June 22, 2023, an employee performing sanitation on the DMC was exposed to continuous noise levels at 96.7% of the permissible daily exposure (8-hour, time-weighted average sound level of 85 dB or equivalently, a dose of 50 percent), during the 477 minute sampling period. Exposure calculations include a zero increment for the 3 minutes not sampled. The employee has been employed with the company for one month,  not received a baseline audiogram, and was not required to wear hearing protection.

Issued

Sep 27, 2023

Abate by

Dec 7, 2023

Penalty

Initial $15,469 · Current $7,650 Reduced

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):  On or about May 1, 2023, the employer had not provided training to employees exposed to an 8 hour time weighted average of 85 decibels.

Issued

Sep 27, 2023

Penalty

Initial $8,840 · Current $4,500 Reduced

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  On or before May 1, 2023, the employer did not provide an eye wash station in the immediate RO work area for employees who were exposed to but not limited to Detbuild NO. 394, Enzyterge NO. 400, Enzy Clean 10 L NO. 386, and Entryguard NO. 466.

Issued

Sep 27, 2023

Abate by

Oct 24, 2023

Penalty

Initial $6,629 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  On or before May 1, 2023, the employer did not maintain a written hazard communication program at the site. Employees are working with but not limited to Detbuild NO. 394, Enzyterge NO. 400, Enzy Clean 10 L NO. 386, Entryguard NO. 466, and MPA NO, 168.