OSHA Inspection: RAIL MODAL GROUP LLC

Issued

Apr 25, 2024

Abate by

May 15, 2024

Penalty

Initial $15,970 · Current $15,970

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:  On or about December 29, 2023, at a worksite located at 549 East County Road T, Fremont, Nebraska, the employer exposed employees to the recognized struck-by, caught-under and caught-between hazards associated with working on foot near moving commercial trucks.

Issued

Apr 25, 2024

Abate by

May 15, 2024

Penalty

Initial $15,970 · Current $15,970

General-duty citation text

29 CFR 1910.67(c)(2)(v): A personal fall arrest or travel restraint system that meets the requirements in 29 CFR part 1910, subpart I, shall be worn and attached to the boom or basket when working from an aerial lift:  On or about November 29, 2023, Employees engaged in reach truck maintenance and refrigerator pad operations at Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska, were exposed to fall hazards in that the employer failed to ensure employees working from the articulating boom lift were protected from falls greater than 9 feet to the next lowest level.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $15,970 · Current $0 Reduced

General-duty citation text

29 CFR  1910.132(f)(1): The employer did not provide training to each employee who is required by this section to use personal protective equipment:  On or about November 29, 2023, employees engaged in reach truck maintenance and refrigerator pad operations at Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska, were exposed to fall hazards in that the employer failed to provide employees working from the articulating boom lift instruction on:  i.	When fall protection PPE is required, ii.	What fall protection PPE is required,  iii.	How to properly don, doff, adjust and wear fall protection PPE,  iv.	The limitations off fall protection PPE, and v.	The proper care, maintenance, useful life and disposal of fall protection PPE.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $11,409 · Current $11,409

General-duty citation text

29 CFR 1910.146(c)(3): If the employer decides that its employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with paragraphs (c)(1), (c)(2), (c)(6), and (c)(8) of this section:   On or about November 8, 2023, employees engaged in grain and bean activities at Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska were exposed to potential atmospheric and engulfment hazards in that the employer failed to:  i. Adequately identify all permit required confined spaces such as but not limited to the grain bins,  ii. Take effective measures to prevent entry into the boot pit, and  iii. Inform appropriate employees of the existence, location, and danger of all permit required confined spaces.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $11,409 · Current $9,387 Reduced

General-duty citation text

29 CFR 1910.178(a)(6): The user shall see that all nameplates and markings are in place and are maintained in a legible condition:   On or about November 6, 2023, employees engaged in servicing intermodal containers and refrigerated container generators sets at Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska were exposed to struck-by and crush hazards in that the nameplate containing information such as but not limited to capacity data affixed to the sit-down forklift such as but not limited to load capacity data was not affixed to the sit-down forklift.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $15,970 · Current $15,970

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer shall ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  On or about November 8, 2023, Employees engaged in intermodal container handling, maintenance and/or servicing activities at Rail Modal Group LLC located at 549 East County Road T, Fremont Nebraska were exposed to a struck-by hazard in that the employer failed to adequately train and evaluate employees prior to equipment operation. Instances of inadequate training included but were not limited to:  i. Formal training, ii. Training program content such as operating instructions, warnings, or precautions listed in the operator's manual, and the requirements of the standard, and iii. Evaluation to determine the employee has successfully completed training.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.178(l)(6): Certification. The employer shall certify that each operator has been trained and evaluated as required by this paragraph (l). The certification shall include the name of the operator, the date of the training, the date of the evaluation, and the identity of the person(s) performing the training or evaluation:  On or about November 8, 2023, Employees engaged in intermodal container handling, maintenance, and/or servicing activities at Rail Modal Group LLC located at 549 East County Road T, Fremont Nebraska were exposed to struck-by hazards in that the employer failed to certify that each powered industrial truck operator was adequately trained and evaluated employees prior to equipment operation. Instances of equipment operated without certification of training include but are not limited to:  i. Caterpillar forklift ii. Taylor reach stacker iii. TEREX reach stacker

Issued

Apr 25, 2024

Abate by

May 21, 2024

Penalty

Initial $15,970 · Current $15,970

General-duty citation text

29 CFR 1910.178(m)(5)(i): When a powered industrial truck is left unattended, load engaging means shall be fully lowered, controls shall be neutralized, power shall be shut off, and brakes set. Wheels shall be blocked if the truck is parked on an incline:  On or about January 3, 2024, employees engaged in intermodal container handling, maintenance and/or servicing activities at Rail Modal Group LLC located at 549 East County Road T, Fremont Nebraska were exposed to a struck-by hazard in that the Taylor 150 reach truck was left running unattended for approximately three hours whereby employees walked within 2-3 feet of the forklift whereby employees walked within 2-3 feet of the forklift.

Issued

Apr 25, 2024

Abate by

May 15, 2024

Penalty

Initial $15,970 · Current $15,970

General-duty citation text

29 CFR 1910.178(p)(1): If at any time a powered industrial truck is found to be in need of repair, defective, or in any way unsafe, the truck shall be taken out of service until it has been restored to safe operating condition:  On or about December 29, 2023, employees engaged in intermodal container handling activities at Rail Modal Group LLC located at 549 East County Road T, Fremont Nebraska were exposed to crush and struck-by hazards in that the employer failed to remove Terex reach stacker #4 out of service when it was found operating with a cracked windshield and the employer failed to ensure employees were inspecting the forklifts prior to operations the result of which was evident in that defects found during OSHA's inspection were not previously identified, documented and corrected before placing the vehicles back into service.

Issued

Apr 25, 2024

Abate by

May 15, 2024

Penalty

Initial $15,970 · Current $15,970

General-duty citation text

29 CFR  1910.178(q)(5): All parts of any such industrial truck requiring replacement shall be replaced only by parts equivalent as to safety with those used in the original design:  On or about January 5, 2024, employees engaged in intermodal container handling, maintenance and/or servicing activities at Rail Modal Group LLC located at 549 East County Road T, Fremont Nebraska were exposed to struck-by hazards in that the employer failed to ensure replacement parts safely interfaced with parts of the original design.  Instances included but are not limited to:  i.  The use of vice grips, screw drivers, and other tools to replace the manufactured installed operational controls in the Taylor 150 and ii. The replacement of the manufactured installed boom on the Terex #04 truck with the boom off an inoperable Hyster truck resulting in unsecured lines, cables and cords.

Issued

Apr 25, 2024

Penalty

Initial $11,409 · Current $11,409

General-duty citation text

29 CFR 1910.219(d)(1): Guarding. Pulleys, any parts of which are seven (7) feet or less from the floor or working platform, shall be guarded in accordance with the standards specified in paragraphs (m) and (o) of this section. Pulleys serving as balance wheels (e.g., punch presses) on which the point of contact between belt and pulley is more than six feet six inches (6 ft. 6 in.) from the floor or platform may be guarded with a disk covering the spokes:   On or about November 8, 2023, Employees engaged in grain and bean activities at Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska were exposed to caught-in hazards in that employees accessing the tunnel were not protected from an unguarded pulley less than seven feet from the floor.

Issued

Apr 25, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.219(e)(3)(i): Vertical and inclined belts shall be enclosed by a guard conforming to standards in paragraphs (m) and (o) of this section:  On or about November 8, 2023, Employees engaged in grain and bean activities at Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska were exposed to caught-in hazards in that employees accessing the tunnel were not protected from an unguarded belt.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $15,970 · Current $15,970

General-duty citation text

29 CFR 1910.272(e)(1)(ii): Current employees, and new employees prior to starting work in the grain handling facility, shall be trained in the specific procedures and safety practices applicable to their job tasks including but not limited to cleaning procedures for grinding equipment, clearing procedures for choked legs, housekeeping procedures, hot work procedures, preventive maintenance procedures and lock-out/tag-out procedures.   On or about November 6, 2023, Employees performing elevator housekeeping and/or maintenance activities at Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska were exposed to amputation, caught-in, and fire hazards in that the employer did not train employees on specific procedures and safety practices applicable to their job tasks and the employer failed to implement the principles of Lockout and/or Tag Out where employees are making repairs and cleaning equipment with hazardous store/residual energy sources. Instances included but were not limited to:  i. housekeeping program such as implementation and cleaning procedures, ii. lockout/tagout procedures, and iii. preventative maintenance procedures, such as implementation and frequency. iv. multiple employees working on replacing buckets on the bucket conveyor with only one lock applied to the isolation device failing to meet the requirements of group LOTO. v.  multiple employees working on unjamming/unclogging west boot pit without having established procedures on the application and removal of locks and/or tags by the employees installing them.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $11,409 · Current $14,096

General-duty citation text

29 CFR 1910.1200(h)(1): Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets:  On or November 8, 2023, Employees engaged in intermodal container handling activities at Rail Modal Group LLC located at 549 East County Road T, Fremont Nebraska were exposed to chemical hazards in that the employer failed to provide effective training on the hazardous chemicals and/or the hazards in the workplace. Instances of inadequate training included but were not limited to:  i.    Operators and Maintenance employees adding Hydraulic fluids for powered industrial and shag trucks.  ii.   Operators and Maintenance employees using Ethanol starter fluids for cold starting powered industrial and shag trucks. iii.  Maintenance employees using chain lubricant for powered industrial trucks. iv.   Grain Elevator Operators and Maintenance employees using bearing grease in the elevator maintenance. v.    Maintenance employees using acetylene for welding

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $11,409 · Current $0 Reduced

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program which at included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):   On or about November 8, 2023, Employees engaged in intermodal container handling activities at Rail Modal Group located at 549 East County Road T, Fremont Nebraska were exposed to chemical hazards in that the employer failed to maintain a current written hazard communication program that included but was not limited to a list of hazardous chemicals and availability of Safety Data Sheets for chemicals known to be present.

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(8):   The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work  shift to employees when they were in their work area(s):  On or about November 8, 2023, Employees engaged in intermodal container handling activities at Rail Modal Group located at 549 East County Road T, Fremont Nebraska were exposed to chemical hazards in that the employer failed to ensure safety data sheets were available and accessible to all employees on every shift, and that employees were aware of their location(s).

Issued

Apr 25, 2024

Abate by

May 30, 2024

Penalty

Initial $11,409 · Current $11,409

General-duty citation text

29 CFR 1904.39(a)(2): Basic Requirement. Within twenty-four (24) hours after the in-patient hospitalization of one or more employees or an employee's amputation or an employee's loss of an eye, as a result of a work-related incident, you must report the in-patient hospitalization, amputation, or loss of an eye to OSHA:  On or about December 30, 2023, the employer for Rail Modal Group LLC located at 549 East County Road T, Fremont, Nebraska failed to report an employee in-patient hospitalization within 24-hours.  The incident occurred and the employer became aware of the hospitalization on December 29, 2023, however, the employer did not report the incident until January 2, 2024.