OSHA Inspection: DAKOTA FOUNDRY, INC.

Issued

Feb 28, 2024

Abate by

Mar 25, 2024

Penalty

Initial $5,323 · Current $2,500 Reduced

General-duty citation text

29 CFR  1910.110(b)(6)(vi): Readily ignitable material such as weeds and long dry grass was not removed within 10 feet of any propane container:  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On or about and times prior to October 23, 2023, the employer did not ensure readily ignitable materials, such as long dry vegetation and leaves, were removed within 10 feet of propane containers located in and around the outdoor filling station. This increased the fire loading around propane containers, exposing employees to the risk of burns and physical injuries from fire, explosions and fragmentation in the event of a fire.

Issued

Feb 28, 2024

Abate by

Mar 25, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.110(c)(8): Reinstallation of containers. Containers shall not be reinstalled unless they are requalified in accordance with DOT regulations.  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On or about and times prior to October 23, 2023,  the employer did not ensure that propane containers were requalified in accordance with DOT regulations prior to reinstallation onto forklift systems.  A propane container installed on the Komatsu Forklift (Model FG452-7 Serial Number: 101331A) was initially qualified in March 1995 and had not been requalified  as required by DOT regulations 49 CFR 180.205.  This condition exposed employees to fire and explosion hazards associated with inadequate containers.

Issued

Feb 28, 2024

Abate by

May 1, 2024

Penalty

Initial $5,323 · Current $2,500 Reduced

General-duty citation text

29 CFR  1910.132(d)(1)(i): The employer did not select, and have each affected employee use, the types of personal protective equipment that would protect the affected employee from the hazards identified in the hazard assessment:  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On or about and times prior to October 23, 2023, the employer did not ensure all employees participating in pouring iron utilized all required personal protective equipment as identified in the company's Standard Operating Procedure for Cupola Furnace Start-up Procedure such as; aluminized heat resistant coat and face heat shield. This condition exposed employees to the risk of serious burns to the upper body, arms, face and head  that can result from splatter of molten metal during pouring as well as infrared and ultra-violet radiation that can result in eye injury.

Issued

Feb 28, 2024

Abate by

Mar 25, 2024

Penalty

Initial $5,323 · Current $2,500 Reduced

General-duty citation text

29 CFR  1910.219(f)(3): Sprocket wheels and chains which were seven (7) feet or less above floors or platforms were not enclosed:  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On or about and times prior to October 23, 2023, the employer did not ensure employees were protected from hazards created by the movement of the chain and sprocket of the of the unenclosed chain and sprocket on the Wheelbrator conveyor system. The back of the chain and sprocket were not adequately guarded in a manner that prevented employee contact with ingoing pinch-points. This condition exposed employees nip-point hazards.

Issued

Feb 28, 2024

Abate by

Jun 3, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.243(c)(1):Abrasive wheels were used on portable grinders which were not provided with safety guards meeting the requirements specified in 29 CFR 1910.243(c)(1) through (c)(4)(a):  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On or about and times prior to October 23, 2023, the employer did not ensure portable grinders were utilized with appropriate guarding affixed to reduce employee exposure to laceration hazards. Employees utilized grinders without guarding the abrasive disk to finish products. This condition exposed employees to laceration and struck-by hazards in the event that the abrasive disk contacted the employee and in the event the abrasive disk fails.

Issued

Feb 28, 2024

Abate by

Jun 30, 2025

Penalty

Initial $12,421 · Current $9,000 Reduced

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(c):The employer did not ensure that no employee was exposed to an airborne concentration of respirable crystalline silica in excess of 50 ug/m3, calculated as an 8-hour TWA:  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On October 23, 2023, the furnace tender's exposure to respirable crystalline silica was measured to be approximately 110 ug/m^3 as an 8-hour time-weighted average. This condition exposed the employee to concentrations of respirable crystalline silica above the permissible exposure limit of 50 ug/m3, calculated as an 8-hour TWA.  (b)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On October 23, 2023, a forklift operator's exposure to respirable crystalline silica was measured to be approximately 60 ug/m^3 as an 8-hour time-weighted average. This condition exposed the employee to concentrations of respirable crystalline silica above the permissible exposure limit of 50 ug/m3, calculated as an 8-hour TWA.   (c)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On October 23, 2023, the furnace assistant's exposure to respirable crystalline silica was measured to be approximately 87 ug/m^3 as an 8-hour time-weighted average. This condition exposed the employee to concentrations of respirable crystalline silica above the permissible exposure limit of 50 ug/m3, calculated as an 8-hour TWA.  Abatement Note:  Abatement of this item will be completed in a multi-step process as follows:   1. Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.  STEP 1 ABATEMENT DATE (20 DAYS FOLLOWING RECEIPT):   2. Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and /or administrative measures to control employee exposures to the hazardous substance referenced in this citation.  The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation: a. Evaluation of the extent and location of the hazard source; b. Evaluation of control measure options; c. Selection of optimum control measures; d. Determination of control measure design; e. Ordering and delivery of equipment; f. Installation of control measures; g. Training of employees in proper operation and maintenance of newly implemented control measures; and h. Assurance of the effective performance of control measures.   All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person.  Thirty day progress reports are required during the abatement period.  The progress report must identify the action taken to achieve abatement and the date the action was taken.   STEP 2 ABATEMENT (20 DAYS FOLLOWING RECEIPT):    3. Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.  STEP 3 ABATEMENT DATE (120 DAYS FOLLOWING RECEIPT):  (Progress reports will be submitted to the Area Director every 30 days, concluding after completion of Step 3 Abatement)

Issued

Feb 28, 2024

Abate by

Jun 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1053(f)(1): The employer did not use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible:  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On or about and times prior to October 23, 2023, the employer, after becoming aware of employee exposures to respirable crystalline silica above the permissible exposure limit, 50 ug/m^3 as a eight hour time-weighted average, the employer did not supplement controls with the use of respiratory protection to reduce employee exposure to comply with the requirements of paragraph (g) of this section.   Abatement Note: Interim controls, including personal protective equipment,  may be required during the implementation and verification of effectiveness for engineering and work practice controls to ensure employee exposures remain below permissible exposure limits.

Issued

Feb 28, 2024

Abate by

May 1, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 9000

General-duty citation text

29 CFR  1910.1053(f)(2)(i):The employer did not establish and implement a written exposure control plan:  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On or about and times prior to October 23, 2023, the employer did not establish and implement a written exposure control plan after employee exposure assessments identified employees were exposed to concentrations of respirable crystalline silica above the action limit of 25 ug/m^3 as a 8-hour time-weighted average. This condition exposed employees to health hazards related to respirable crystalline silica.  Abatement Note:  A written exposure control plan shall contain at least the following: -A description of tasks in the workplace that involve exposure to respirable crystalline silica. -A description of controls used to limit employee exposure to respirable crystalline silica. -A description of housekeeping measures used to limit employee exposure to respirable crystalline silica. The program shall be reviewed and evaluated annually and be made available to employees.

Issued

Feb 28, 2024

Abate by

May 1, 2024

Penalty

Initial $0 · Current $0

Hazardous substances S103

General-duty citation text

29 CFR  1910.1053(g)(1)(i): Respiratory protection was not provided where exposures exceeded the PEL during periods necessary to install or implement feasible engineering and work practice controls:  (a)Dakota Foundry, Inc. dba Dakota Foundry at 20 Park Lane, Webster, SD 57274: On  or about and at times prior to October 23, 2023, The employer did not ensure employees were protected from health hazards related to respirable crystalline silica in that the employer did not requiring employees exposed to concentrations of respirable crystalline silica greater than the permissible exposure limit of 50 ug/m3, calculated as an 8-hour TWA, to utilize respiratory protection to reduce their exposure. This condition exposed employees to health hazards related to respirable crystalline silica.