OSHA Inspection: DYSTAR HILTON DAVIS

Issued

Dec 21, 2023

Abate by

Feb 9, 2024

Penalty

Initial $15,625 · Current $7,500 Reduced

General-duty citation text

29 CFR  1910.147(c)(4)(i): Energy control procedure. Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section. Note: Exception: The employer need not document the required procedure for a particular machine or equipment, when all of the following elements exist: (1) The machine or equipment has no potential for stored or residual energy or reaccumulation of stored energy after shut down which could endanger employees; (2) the machine or equipment has a single energy source which can be readily identified and isolated; (3) the isolation and locking out of that energy source will completely deenergize and deactivate the machine or equipment; (4) the machine or equipment is isolated from that energy source and locked out during servicing or maintenance; (5) a single lockout device will achieve a locker-out condition; (6) the lockout device is under the exclusive control of the authorized employee performing the servicing or maintenance; (7) the servicing or maintenance does not create hazards for other employees; and (8) the employer, in utilizing this exception, has had no accidents involving the unexpected activation or reenergization of the machine or equipment during servicing or maintenance.  a) On or before August 30, 2023, the employer had not developed, documented, and utilized energy control procedures to control energy sources including the electric and pneumatic for equipment such as, but not limited to: the rotary valves for the Pack Out Station located in Building 36 when performing maintenance such as unclogging the rotary valved for the Packout Station.  b) On or before November 16, 2023, the employer had not developed, documented, and utilized energy control procedures to control energy sources including the electric for equipment such as, but not limited to: the 101R, 102R, 103R, and 104R Ball Mills located in Building 21 for employees to follow when preparing orders and taking samples.  c) On or before November 16, 2023, the employer had not developed, documented, and utilized energy control procedures to control energy sources including the electric for the 102R Ball Mill located in Building 21.  d) On or before November 16, 2023, the employer had not developed, documented, and utilized energy control procedures to control energy sources including the electric for the 103R Ball Mill located in Building 21.  e) On or before November 16, 2023, the employer had not developed, documented, and utilized energy control procedures to control energy sources including the electric for the 104R Ball Mill located in Building 21.

Issued

Dec 21, 2023

Abate by

Feb 9, 2024

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.147(c)(6)(i): Periodic inspection. The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed.  a) On or before August 30, 2023, the employer failed to ensure that periodic inspections were conducted at least annually on the Lockout/Tagout Permit that was used by authorized employees for the Packout Station in Room 36.  b) On or before November 16, 2023, the employer failed to ensure that periodic inspections were conducted at least annually on the Lockout/Tagout Permit that was used by authorized employee for the Ball Mills in Room 21.

Issued

Dec 21, 2023

Abate by

Feb 9, 2024

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR 1910.147(c)(7): General - Training and communication. (i) The employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees. The training shall include the following:  (A) Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control.  a) On or before August 30, 2023, the employer did not ensure that employees performing servicing on the Packout Station in Building 36 were adequately trained as authorized employees for the application, usage, and the removal of lockout devices nor were they adequately trained on the recognition of hazardous energy sources such as, but not limited to electrical and pneumatic.

Issued

Dec 21, 2023

Abate by

Feb 9, 2024

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.147(d): Application of control. The established procedures for the application of energy control (the lockout or tagout procedures) shall cover the following elements and actions and shall be done in the following sequence:  (1) Preparation for shutdown. Before an authorized or affected employee turns off a machine or equipment, the authorized employee shall have knowledge of the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy.  (2) Machine or equipment shutdown. The machine or equipment shall be turned off or shut down using the procedures established for the machine or equipment. An orderly shutdown must be utilized to avoid any additional or increased hazard(s) to employees as a result of the equipment stoppage.  (3) Machine or equipment isolation. All energy isolating devices that are needed to control the energy to the machine or equipment shall be physically located and operated in such a manner as to isolate the machine or equipment from the energy source(s).  (4) Lockout or tagout device application.  (4)(i) Lockout or tagout devices shall be affixed to each energy isolating device by authorized employees.  (4)(ii) Lockout devices, where used, shall be affixed in a manner to that will hold the energy isolating devices in a "safe" or "off" position.  (5) Stored energy.  (5)(i) Following the application of lockout or tagout devices to energy isolating devices, all potentially hazardous stored or residual energy shall be relieved, disconnected, restrained, and otherwise rendered safe.  (5)(ii) If there is a possibility of reaccumulation of stored energy to a hazardous level, verification of isolation shall be continued until the servicing or maintenance is completed, or until the possibility of such accumulation no longer exists.  (6) Verification of isolation. Prior to starting work on machines or equipment that have been locked out or tagged out, the authorized employee shall verify that isolation and deenergization of the machine or equipment have been accomplished.  a) On or before August 30, 2023, the employer did not ensure that employees were performing lockout on energy sources including the electric and pneumatic as required by (d)(1) through (d)(6) for equipment such as, but not limited to the Packout Station in Room 36 prior to performing servicing such as, but not limited to unclogging the rotary valves, exposing employees to caught in hazards.