OSHA Inspection: BROOKOVER FEED YARDS, INC

Issued

Jan 18, 2024

Abate by

Feb 13, 2024

Penalty

Initial $16,131 · Current $11,292 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 were exposed to engulfment and struck by hazards:  The employer is failing to protect employees from falling and engulfment hazards. In accordance with 29 CFR  1910.28(b)(7), the employer did not ensure that each employee on a walking-working surface near an opening, including one with a chute attached, where the inside bottom edge of the opening is less than 39 inches (99 cm) above that walking-working surface and the outside bottom edge of the opening is 4 feet (1.2 m) or more above a lower level is protected from falling by the use of one of the systems listed in 29 CFR 1910.28(b)(7)(i)-(iv).     This was most recently documented on or about  October 9, 2023 at the unloading pit at Brookover Feedyard,  where employees were exposed to fall and engulfment hazards due to unloading Dried Distillers Grain (DDG) from a tractor trailer by  climbing to the top of the trailer, approximately  8.5 feet high without fall protection and using a prodding rod to attempt to unclog the trailer so the grain would release into the lower grain pit.   During this process, the employee lost their balance and fell into the grain truck where they were trapped head first, buried to their legs in the grain. Due to the compression of the grain on the body, the employee was not able to draw a breath and became unconscious due to lack of oxygen.  With the unique situation of  being on top of the grain trailer, employees are exposed to both engulfment hazards by falling into the trailer, and are also exposed to fall hazards if they fall backwards off the trailer to the ground,  approximately 8.5 feet to the concrete below.    Among other methods, feasible and acceptable means to correct this hazard includes but is not limited to the following:     1) Forbid employees from climbing the trailers, and utilize trailer vibrators and plastic sledge hammers to loosen stuck grain  2) Establish rolling work platform where employees could ascend and work but still be protected by railing on both sides to prevent fall and engulfment hazards.  3) Establish an elevated attachment point for employees to tie off to while using approved fall protection harnesses and fall arrest system that would catch employees if they fall off, or into the trailer.