OSHA Inspection: HANOVER FOODS CORPORATION

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $16,131 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.119(d)(2)(i)(C): Process safety information pertaining to the technology of the process did not include the maximum intended quantity:   a. The Old System - On or about October 11, 2023, the employer failed to develop and include maximum intended inventory of anhydrous ammonia. Failure to accurately identify the maximum intended quantity can result in an overcharge of the system leading to a release, exposing employees to chemical burns, irritation or fire.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(2)(i)(E): The employer failed to perform an evaluation of the consequences of deviations, including those effecting the safety and health of employees.   a.  Machine Room C - On or about October 11, 2023, the employer failed evaluate the consequences of deviation with respect to high-pressure discharge limit, lubrication oil pressure and temperature limits for the 1435 Screw compressor, 675 Screw Compressor, Oil Pot C Receiver, C intercooler, NH3 Pump C, and High-Pressure Receiver. Failure to include these limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   b. Machine Room A - On or about October 11, 2023, the employer failed evaluate the consequences of deviation with respect to high-pressure discharge limit, lubrication oil pressure and temperature limits for the Spiral Freezer and Compressors 575, B270, A270, 775, and 480. Failure to include these limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119(d)(2)(i)(E), which was contained in OSHA inspection number 1565223, citation number 1, item number 3b and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(3)(i)(B): The employer's piping and instrument diagrams did not include information that provided specific identification of equipment that is part of the process.  a. Engine Room C - On or about October 11, 2023, the Frick rotary screw compressor, SGC1913, SN: 10241E20761786, RC-1 which was installed in 2012 was never added to the P&ID's. Failure to have accurate P&IDs could result in human error during operations and maintenance and employees not being able to identify or locate equipment in the event of an emergency resulting in exposure to anhydrous ammonia vapors and liquid.  b. Engine Room C - On or about October 11, 2023, the Frick rotary screw compressor, SGC1913, SN: 10241E20792244, RC-2 which was installed in 2012 was never added to the P&ID's. Failure to have accurate P&IDs could result in human error during operations and maintenance and employees not being able to identify or locate equipment in the event of an emergency resulting in exposure to anhydrous ammonia vapors and liquid.  c. Engine Room A - On or about October 11, 2023, the employer included 1st A100 Fuller/FES, A-100-S, SN: 87-20228-193, was still included on the P&ID's drawing 1st A100 last updated May 16, 2005. Failure to have accurate P&IDs could result in human error during operations and maintenance and employees not being able to identify or locate equipment in the event of an emergency resulting in exposure to anhydrous ammonia vapors and liquid.  d. Engine Room A - On or about October 11, 2023, the employer included the 3rd A120 Fuller/FES, A-120-S, SN: 18115-A rotary compressor was removed from the facility but was still included on page 4, 3rd A120 P&ID. Failure to have accurate P&IDs could result in human error during operations and maintenance and employees not being able to identify or locate equipment in the event of an emergency resulting in exposure to anhydrous ammonia vapors and liquid.  Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(3)(i)(D): The employer did not include, in the process safety information compilation, the relief system design and the design basis.   a. The Old System - On or about October 11, 2023, the employer failed to develop and document the relief system design and design basis for the relief devices installed on the ammonia handling equipment. Failure to ensure the relief system design is adequate can result in over pressurization of equipment, or failure to relieve in the event of an emergency which can lead to catastrophic release of ammonia or explosion.   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(3)(i)(E): The employer did not have a compilation of written process safety information pertaining to the ventilation system design.   a. The Old System - On or about October 11, 2023, the employer failed to develop and document the emergency ventilation system design. Failure to ensure the ventilation system design is adequate can result in IDLH concentrations of ammonia to accumulate, fires, and the emergency response personnel being exposed to dangerous levels of ammonia in the event on a release.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $12,676 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices.  a. Machine room A - On or about October 11, 2023, the employer did not comply  with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 6.10.2 when doors to the engine room were not self-closing and tight-fitting (e.g. designed to act as part of the equipment system to provide a secondary containment for releases of ammonia from equipment in the machine room such that the ammonia does not migrate outside the machine room).  Failure to enclose and secure the engine rooms can lead to additional personnel being exposed to ammonia in the event of an emergency.   b. Machine room B - On or about October 11, 2023, the employer did not comply  with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 6.10.2 when doors to the engine room were not self-closing and tight-fitting (e.g. designed to act as part of the equipment system to provide a secondary containment for releases of ammonia from equipment in the machine room such that the ammonia does not migrate outside the machine room). The engine room did not have a door between production and the machine room B.  Failure to enclose and secure the engine rooms can lead to additional personnel being exposed to ammonia in the event of an emergency.   c. Machine room C - On or about October 11, 2023, the employer did not comply  with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 6.10.2 when doors to the engine room were not self-closing and tight-fitting (e.g. designed to act as part of the equipment system to provide a secondary containment for releases of ammonia from equipment in the machine room such that the ammonia does not migrate outside the machine room).  The engine room did not have a door between production and the machine room C.  Failure to enclose and secure the engine rooms can lead to additional personnel being exposed to ammonia in the event of an emergency.  d. Machine room C - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) PA Fire Code Chapter 10, section 1010.1.2.1 "side-hinged swinging doors shall swing in the direction of egress travel were serving a room or area containing an occupant load of 50 or more persons or a Group H occupancy." The egress door had an inward opening screen door that had to be opened prior to exiting using the panic bar door.  Failure to ensure machinery doors are equipped with panic hardware can result in delayed emergency evacuation from the machinery room and exposure to fire and toxic hazard.  e. Throughout the facility - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 section 5.14.6. The ammonia piping was not labeled, color coded, and posted with "ammonia," physical state, relative pressure, and direction of flow. Failure to properly label process equipment can lead to human error (i.e., opening the incorrect valve) when operating or performing maintenance on ammonia refrigeration process equipment, exposing employees to fire, explosion, and toxic release hazards.   Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119(d)(3)(ii), which was contained in OSHA inspection number 1565223, citation number 1, item number 4a and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $12,676 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.119(f)(2): Operating procedures were not readily accessible to employees who work in or maintain a process area.  a. Old System - On or about October 11, 2023, employees on second and third shift did not have readily accessible operating procedures for operating and maintaining the ammonia handling equipment. Failure to maintain a readily accessible accurate set of operating procedures where employees can utilize them can lead to human error resulting in the release of anhydrous ammonia.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(3): The operating procedures were not reviewed to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities.  a. Old System - On or about October 11, 2023, the employer failed to review procedures at least annual but as often as necessary to ensure that the procedures reflect current operating practices. The most recent review and certification of SOP 1, "A" RECO FREEZER, "B" RECO FREEZER, "C" ADVANCE FREEZER SPIRAL FREEZER was April 24, 2014.  Failure to maintain a readily accessible accurate set of operating procedures where employees can utilize them can lead to human error resulting in the release of anhydrous ammonia.   b. Old System - On or about October 11, 2023, the employer failed to review procedures at least annual but as often as necessary to ensure that the procedures reflect current operating practices. The most recent review and certification of SOP 2, COLD STORAGE was April 24, 2015.  Failure to maintain a readily accessible accurate set of operating procedures where employees can utilize them can lead to human error resulting in the release of anhydrous ammonia.   c. Old System - On or about October 11, 2023, the employer failed to review procedures at least annual but as often as necessary to ensure that the procedures reflect current operating practices. The most recent review and certification of SOP 3, ENGINEROOM was April 24, 2014.  Failure to maintain a readily accessible accurate set of operating procedures where employees can utilize them can lead to human error resulting in the release of anhydrous ammonia.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $12,676 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.119(g)(1)(i): The employer did not train each employee in an overview of the process and in the operating procedures as specified in paragraph (f) of this section.    a. Ammonia Handling Areas - On or about October 11, 2023, the employer failed to initially train employees assigned to operate and maintain the ammonia system on the site-specific ammonia system to include, classification of the engine room, specific procedures for initial startup, normal operations and shutting down the system. Failure to train employees on the process equipment and its safe operation can lead to catastrophic failure and release of anhydrous ammonia and employee exposure to toxic, fire and explosion hazards.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(g)(2): Employer did not provide refresher training at least every three years, and more often, if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. Employer did not consult with employees involved in operating the process to determine the appropriate frequency of refresher training.   a. Ammonia Handling Areas - On or about October 11, 2023, the employer failed to conduct refresher training for senior employees assigned to operate and maintain the ammonia system on the site-specific procedures for initial startup, normal operations and shutting down the system.  Failure to train employees on the process equipment and its safe operation can lead to catastrophic failure and release of anhydrous ammonia and employee exposure to toxic, fire and explosion hazards.    Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $16,131 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.119(j)(2): The employer did not establish or implement written procedures to maintain the on-going integrity of process equipment:   a. Old System - On or about October 11, 2023, the employer failed to establish procedures for maintaining the ongoing integrity of controls. The ammonia monitoring equipment installed in the engine rooms. Failure to properly maintain and calibrate ammonia detection equipment in the engine rooms can lead to employees being exposed to anhydrous ammonia in the event of a release.   b. Old System - On or about October 11, 2023, the employer failed to establish written procedures for how to perform the daily rounds, to ensure that all equipment was being checked and documented to identify change in the operating status or deviations from operating limits. Failure to develop and implement written checks for daily inspections and checks of the system can lead to system failures and malfunctions from not catching a minor deviation prior to it resulting in a significant release.    c. Old System - On or about October 11, 2023, the employer failed to establish and implement written procedures for de-icing pumps and associated valves. The employer's written procedures are necessary to ensure that manual isolation and shutoff valves that are required for emergency actions are free from ice buildup that would interfere with operation during time sensitive events. Witten procedures for identifying and de-icing pipe circuits and other equipment is vital in order to prevent excessive corrosion of components and reduce the metal fatigue and wear on the pipe hangers to include potentially overloading them. Failure to develop de-icing procedures can lead to excessive ice buildup on valves and equipment can cause equipment to degrade or failure more rapidly and interfere or delay emergency response activities.   d. Old System - On or about October 11, 2023, the employer failed to establish and implement written procedures for conducting annual inspections and testing of the condensers. Failure to develop written procedures for conducting annual testing and inspections of equipment can lead to undetected system degradation and ultimately the release of anhydrous ammonia.   e. Old System - On or about October 11, 2023, the employer failed to establish and implement written procedures for conducting annual inspections and testing of the piping systems. Failure to develop written procedures for conducting annual testing and inspections of equipment can lead to undetected system degradation and ultimately the release of anhydrous ammonia.   f. Old System - On or about October 11, 2023, the employer failed to establish and implement written procedures for conducting annual inspections and testing of the condensers. Failure to develop written procedures for conducting annual testing and inspections of equipment can lead to undetected system degradation and ultimately the release of anhydrous ammonia.    g. Old System - On or about October 11, 2023, the employer failed to establish and implement written procedures for conducting annual inspections and testing of the pressure vessels. Failure to develop written procedures for conducting annual testing and inspections of equipment can lead to undetected system degradation and ultimately the release of anhydrous ammonia.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment.   a. Old System - On or about October 11, 2023, the employer failed to perform annual testing and inspections on the ammonia compressors FES 140, FES 270a, FES 270 b, FES 480, FES 675GL, FES 775B, FES 575B, FES 1435B, Screw Compressors RC 1 Viper and RC 2 in accordance with the employers MI program testing and inspection frequency and in accordance with RAGAGEP such as IIAR 6 or IIAR Bulletin 110. Failure to perform annual inspections and testing of equipment can prevent early detection of liner degradation, seal failures, pitting, and other deterioration which can lead to a loss of containment of ammonia exposing personnel to a toxic liquid and gas.  b. Engine Room C - On or about October 11, 2023, the employer failed to perform inspections and maintenance to de-ice the ammonia pump pack D's isolation and shutoff valves that had been encased in more than a half inch of ice rendering them inoperable without de-icing. Failure to keep shutoff and isolation valves free moving and readily accessible in the event of an emergency which could result in an extended release or delayed response further exposing employees to toxic liquid and vapor.  c. Old System - On or about October 11, 2023, the employer failed to perform the 5-year independent full inspection of the process equipment within the 5-year cycle in accordance with the employers MI program testing and inspection frequency and in accordance with RAGAGEP such as IIAR 6 or IIAR Bulletin 110. The employer conducted the most recent 5-year independent full inspection in June 2018 and was due to have the audit performed in prior to June 2023, the audit was not conducted at any point prior to the end of 2023. Failure to perform required testing and inspections can result in failure of equipment and the release of anhydrous ammonia.   d. Old System - On or about October 11, 2023, the employer failed to perform the biannual ammonia purity test, the most recent test on March 11, 2021, and was due to be repeated in March 2023. Failure to perform ammonia analysis could result in failure to identify buildup of excess water inside the ammonia system which can result in the formation of aqueous ammonia which can interfere with the system set points and chemical reactions with oils and other system contents.   e. Cold Storage - On or about October 11, 2023, the employer failed to perform piping inspection and testing annually in accordance with the employers MI program testing and inspection frequency and in accordance with RAGAGEP such as IIAR 6 or IIAR Bulletin 110. The employer's most recent piping inspection was conducted in August 2022 and the employer had not documented resolution of the findings or scheduled an inspection in 2023. Failure to perform piping inspections and testing on annual frequency can lead to excessive corrosion, pitting and deterioration that can result in the release of anhydrous ammonia.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $16,131 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.119(j)(5): The employer did not correct deficiencies in equipment that were outside acceptable limits:   a. Engine Room A - On or about October 11, 2023, the employer was operating the compressor 140 with a faulty hot gas valve that leaks ammonia when the pressure drops below 90 PSI, which sets off the ammonia detectors. Failure to maintain and repair equipment used in the process of handling anhydrous ammonia can lead to process upsets, and expose employees to fire, explosion and toxic hazards.  b. Engine Room A - On or about October 11, 2023, the employer was operating the Intercooler A shutoff on the suction side had a severely corroded valve handle which had broken off half of the valve handle.  Failure to maintain and repair equipment used in the process of handling anhydrous ammonia can lead to process upsets, and expose employees to fire, explosion and toxic hazards.  c. Engine Room A - On or about October 11, 2023, the employer was operating the flume line with a pressure testing gage that was half broken off and unreadable from corrosion. Failure to maintain and repair equipment used in the process of handling anhydrous ammonia can lead to process upsets, and expose employees to fire, explosion and toxic hazards.   Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119(j)(5), which was contained in OSHA inspection number 1565223, citation number 2, item number 3 and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119(j)(5), which was contained in OSHA inspection number 1390093, citation number 1, item number 2 and was affirmed as a final order on 05/11/2020, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $12,676 · Current $10,000 Reduced

General-duty citation text

29 CFR 1910.119(l)(1): The employer did not establish written procedures to manage changes to process chemicals, technology, equipment, and procedures, and changes to facilities that affect a covered process.   a. Ammonia Handling Areas - On or about October 11, 2023, the employer failed to implement written procedures to manage changes (MOC) for organizational changes that affect the health and safety impact of a PSM-covered process in that PSM Manager position was vacated in July 2022, and left vacant without implementing the written procedure to manage the change exposing employees to changes that were not properly managed by identifying, evaluating, and reviewing the change prior to implementation. By failing to conduct an MOC the facility lacked direction as to the roles and responsibilities to resolve and coordinate PSM program activities such as tracking and resolving PHA and CA findings, scheduling the 5-year MI audit. These failures contributed to the poor state of the facilities ammonia system and created a risk for catastrophic failure of the ammonia system and ongoing hazards from unresolved audit findings.   b. Engine Room B. - On or about October 11, 2023, the employer failed to conduct an MOC prior to the start of the removal of the B. freezer and pump pack B, by failing to perform the MOC the employer failed to document the risks associated with the change, the steps to mitigate them, document the PSI and update the P&ID's, evaluate the maximum intended inventory and train emergency response personnel. Failure to perform an MOC can result in the exposure of employees and contractors to anhydrous ammonia.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $16,131 · Current $12,000 Reduced

General-duty citation text

29 CFR 1910.120(q)(2)(ii): The emergency response plan did not address, to the extent not addressed elsewhere, personnel roles, lines of authority, and communication:  a. Plant Wide - On or about October 11, 2023, the employer failed to maintain and update the emergency response plans personnel roles, lines of authority and communication in such that the personnel listed members of the emergency response team included multiple former employees, and the incident commander phone number is inaccurate and multiple employees including the only 2nd shift ammonia employee were excluded from being identified with a phone number for communication. Failure to implement and maintain an accurate emergency response plan can delay response to release and emergencies associated with the handling and operation of anhydrous ammonia refrigeration systems.  Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard 1910.120(q)(2)(ii), which was contained in OSHA inspection number 1565223, citation number 1, item number 8 and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.120(q)(2)(iii): The emergency response plan did not address, to the extent not addressed elsewhere, emergency recognition and prevention:  a. Throughout the facility - On or about October 11, 2023, employees on the emergency response team are expected to respond to releases of ammonia, under the employer's Emergency Response Plan. The Emergency Response Plan did not address or define the concentrations of ammonia that would be considered a small, incidental release and what would be a large release requiring an emergency response. Failure to develop and implement these procedures exposes employees to hazards associated with the uncontrolled release of anhydrous ammonia's toxic vapors.   Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.120(q)(2)(ii), which was contained in OSHA inspection number 1565223, citation number 1, item number 8 and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $88,721 · Current $80,000 Reduced

General-duty citation text

29 CFR 1910.119(d)(2)(i)(D): Information concerning the technology of the process did not include safe upper and lower limits for such items as temperatures, pressures, flows or compositions:  a. Freezer C - On or about October 11, 2023, the employer did not compile and retain written process safety information related to the safe upper and lower pressure limits for Freezer C. Failure to compile, retain, and utilize these limits for the purpose of safeguards, development of operating procedures, and the development of preventative maintenance schedules and procedures which can result in equipment operating outside of acceptable limits or failing to be properly maintained which can result in loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   b. Machine Room C - On or about October 11, 2023, the employer did not compile and retain written process safety information related to the safe upper and lower limits for the high-pressure discharge limit, lubrication oil pressure and temperature limits for the 1435 Screw compressor, 675 Screw Compressor, Oil Pot C Receiver, C intercooler, NH3 Pump C, and High-Pressure Receiver. Failure to compile, retain, and utilize these limits for the purpose of safeguards, development of operating procedures, and the development of preventative maintenance schedules and procedures which can result in equipment operating outside of acceptable limits or failing to be properly maintained which can result in loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   c. Machine Room A - On or about October 11, 2023, the employer did not compile and retain written process safety information related to the safe upper and lower limits for the high-pressure discharge limit, lubrication oil pressure and temperature limits for the Spiral Freezer and Compressor 575, B270, A270, 775, and 480 compressors. Failure to compile, retain, and utilize these limits for the purpose of safeguards, development of operating procedures, and the development of preventative maintenance schedules and procedures which can result in equipment operating outside of acceptable limits or failing to be properly maintained which can result in loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.    Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119(d)(2)(i)(D), which was contained in OSHA inspection number 1565223, citation number 1, item number 3a and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1)(ii): The employer's written operating procedures did not address the requirements for the operating limits listed in 29 CFR 1910.119(f)(1)(ii)(A) and (B) as developed in the Process Safety Information:   a. Engine Room C - On or about October 11, 2023, the operating procedure "C Freezer Start Up Procedure," did not include operating limits, consequences of deviations or steps to correct and avoid deviation. The procedures did not identify set pressures and temperatures, consequences of performing steps out of sequence or how the to avoid or correct deviations. Failure to include operating limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.  b. Engine Room C - On or about October 11, 2023, the operating procedure "C Freezer Shut Down Procedure, " did not include operating limits, consequences of deviations or steps to correct and avoid deviation. The procedures did not identify set pressures and temperatures, consequences of performing steps out of sequence or how the to avoid or correct deviations. Failure to include operating limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.  c. Engine Room A - On or about October 11, 2023, the operating procedure "A Freezer Shut Down Procedure," did not include operating limits, consequences of deviations or steps to correct and avoid deviation. The procedures did not identify set pressures and temperatures, consequences of performing steps out of sequence or how the to avoid or correct deviations. Failure to include operating limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.  d.  Engine Room A - On or about October 11, 2023, the operating procedure "A RECO Freezer Start Up Procedure" did not include operating limits, consequences of deviations or steps to correct and avoid deviation. The procedures did not identify set pressures and temperatures, consequences of performing steps out of sequence or how the to avoid or correct deviations. Failure to include operating limits can result in equipment operating outside of acceptable limits exposing employees to loss of containment of ammonia in the system and exposure to ammonia via inhalation which can result in serious illness or death.   Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119(f)(1)(ii), which was contained in OSHA inspection number 1565223, citation number 1, item number 3c and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $88,721 · Current $0 Reduced

General-duty citation text

29 CFR 1910.119(n): The employer did not establish an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38:  a. The facility - On or about October 11, 2023, the employer failed to develop an emergency action plan to include reporting emergencies, types of emergencies and evacuations, procedures to account for employees, and establish an employee alarm system meeting the criteria of 1910.165, establishment of distinctive audible alarms for emergencies that require different actions such as ammonia release and fire. Failure to develop and implement these procedures exposes employees to hazards associated with the uncontrolled release of anhydrous ammonia's toxic vapors.  b. The facility - On or about October 11, 2023, the employer did not establish and implement an emergency action plan in accordance with the provisions of 29 CFR 1910.38 for handling small releases. Failure to develop and implement these procedures exposes employees to hazards associated with the uncontrolled release of anhydrous ammonia's toxic vapors.   Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard 1910.119(n), which was contained in OSHA inspection number 1565223, citation number 1, item number 7 and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.   Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $101,398 · Current $88,000 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.  a. Chemical room - On or about October 25, 2023, the eyewash station next to the chemical room where the employer dispensed and stored corrosives Acidifoam, Enviroguard sanitizer, and Acidiquat, was obstructed by a sanitizer pressure washer, the eye caps were missing with some signs of rusting along the discharge ports and the eyewash system had not been inspected since November of 2022.   The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where employees handle corrosives.  b. The food safety Lab - On or about October 27, 2023, the eyewash in the lab where they use squirt bottles of corrosives such as peracetic acid was not maintained and inspected in accordance with manufacturer specifications to ensure the equipment was clean and safe for use. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where employees handle corrosives.  c. The Flume Room - On or about October 27, 2023, the employer failed to install an eyewash station in the room where spray F364 liquid chlorinated alkaline foam is stored and used. The safety shower installed was not inspected or maintained. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where corrosives are stored and used.  d. Shipping Docks - On or about October 27, 2023, there was no eyewash station present where the employer removes, charges and maintains the batteries for the forklifts - The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where employees handle corrosives.  e. Golden Palace - On or about October 27, 2023, the warehousing area where the employer stores there peracetic acid powder, the employer failed to maintain the portable eyewash station, the tank was empty and dirty. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where employees handle corrosives.  f. Outside Engine Room A - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 Section 6.7.3. the employer did not provide a suitable eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  g. Engine Room A - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 Section 6.7.3. The employer did not provide a suitable eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  h. HPR Containment Dike - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 Section 6.7.3. The employer did not provide a suitable eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  i. Outside of Engine room B - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 Section 6.7.3. The employer did not provide a suitable eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  j. Engine room B - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 Section 6.7.3. The eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia was obstructed by tanks totes and the eyewash system was not maintained free of contamination. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  k. Outside of Engine room C - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 Section 6.7.3. The employer did not provide a suitable eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.  l. Engine room C - On or about October 11, 2023, the employer did not comply with their chosen recognized and generally accepted good engineering practices (RAGAGEP) IIAR 2-2014 Section 6.7.3. The eyewash for quick drenching or flushing of the eyes and body for employees who work with ammonia was obstructed by a chair with multiple boxes piled in it. The failure to provide functioning eyewash stations can cause chemical burns to the eyes or skin while working in an area where anhydrous ammonia could be inadvertently released.   Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard or essentially similar standard 1910.151(c), which was contained in OSHA inspection number 1565223, citation number 2, item number 2 and was affirmed as a final order on 07/13/2022, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Hanover Foods Corporation was previously cited for a violation of this occupational safety and health standard, or essentially similar standard 1910.151(c), which was contained in OSHA inspection number 1390093, citation number 1, item number 1 and was affirmed as a final order on 5/11/2020, with respect to a workplace located at 7000 Millington Road, Clayton, DE 19938.  Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(e)(7):  The employer did not retain the process hazard analysis (PHA), updates, or renewals for each process covered and documented resolution of the recommendations described in 29 CFR 1910.119(e)(5) for the life of the process.   a. Facility Wide - On or about October 11, 2023, the employer failed to retain in its entirety the initial PHA which according to the employer they believe took place in 1999 and the recommendations. Failure to retain records regarding the ongoing condition and resolution of the PSM covered process PHA, can result in failure to fully and completely evaluate risks that can result in the release of anhydrous ammonia.   Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Apr 10, 2024

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(h)(2)(i): The employer, when selecting a contractor, did not obtain and evaluate information regarding the contract employer's safety performance and program:   a. Engine Room B. - On or about October 11, 2023, the employer failed to obtain and evaluate information regarding the safety performance and program of the contractor Stellar prior to the contractor beginning work on the site maintaining and demolishing ammonia system equipment. Failure to evaluate contractors safety programs and history can result in poor workmanship and the system being worked on by personnel without the knowledge to safely recognize and respond to an ammonia release.     Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.