OSHA Inspection: SKYLINE PROVISIONS, INC.

Issued

Jan 25, 2024

Abate by

Mar 26, 2024

Penalty

Initial $6,452 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.147(c)(6)(i):  The employer did not conduct an annual or more frequent inspection of the energy control procedure to ensure that the procedure and requirements of this standard were followed.  a.  On or about November 16, 2023, in the facility, employees were required to perform service and/or maintenance activities, to include changing bandsaw blades, cleaning and setup of Formax patty machine, injectors, vacuum packs, band saws, cutters, and grinders.  The employer did not conduct a periodic inspection of each energy control procedure at least annually to ensure that the procedure and the requirements of the standard were being followed.

Issued

Jan 25, 2024

Abate by

Feb 21, 2024

Penalty

Initial $2,765 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(iv):  The employer did not certify that employee training had been accomplished and kept up to date.   a.  On or about August 19, 2023, in the facility, the employer did not maintain an updated certified training record to adequately identify effective training to authorized and affected employees to include all of the elements in (a) through (c), thereby exposing employees to the hazards associated with unexpected re-energization of equipment.

Issued

Jan 25, 2024

Abate by

Feb 21, 2024

Penalty

Initial $4,610 · Current $2,300 Reduced

General-duty citation text

29 CFR 1910.178(l)(4)(iii):  An evaluation of each powered industrial truck operator's performance was not being conducted at least once every three years.  a.  On or about November 16, 2023, in the facility, employees that received initial forklift operator training were not re-evaluated every three years to assess performance of forklift truck operations.  Employees were thereby exposed to struck-by hazards.

Issued

Jan 25, 2024

Penalty

Initial $6,452 · Current $3,500 Reduced

General-duty citation text

29 CFR 1910.212(a)(1):  One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks.  a.  On or about August 19, 2023, in the Grinding Room, employees were required to operate the Formax F-6 patty forming machine without effective guarding to prevent contact with the point of operation, thereby exposing employees to the hazards associated with unguarded moving parts.

Issued

Jan 25, 2024

Abate by

Feb 21, 2024

Penalty

Initial $4,610 · Current $2,300 Reduced

General-duty citation text

29 CFR 1910.303(g)(1):  Sufficient access and working space was not provided and maintained about all electric equipment (operating at 600 volts, nominal, or less to ground) to permit ready and safe operation and maintenance of such equipment.  a.   On or about December 19, 2023, in the dry packaging area, the employer did not ensure that the working space and pathway to electrical panels was provided and maintained at least three feet of clearance.  Employees were thereby exposed to trip and fall hazards associated with a blocked or obstructed path to electrical panel.

Issued

Jan 25, 2024

Abate by

Feb 21, 2024

Penalty

Initial $922 · Current $500 Reduced

General-duty citation text

29 CFR 1904.29(a):  The employer did not use an OSHA 300, 301 and 300A Form or equivalent.  a.  On or about November 16, 2023, in the facility, the employer failed to maintain OSHA 300 forms, or equivalent forms, for recordable injuries and illnesses that occurred in calendar years 2021, 2022 and concurrent calendar year 2023 to include not having available for review upon request.

Issued

Jan 25, 2024

Penalty

Initial $11,524 · Current $5,200 Reduced

General-duty citation text

29 CFR 1904.39(a)(2):  The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye.  a.  On or about August 19, 2023, in the Grinding Room, the employer did not contact OSHA within 24 hours when an employee sustained a work-related injury that resulted in an amputation.

Issued

Jan 25, 2024

Abate by

Mar 26, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.132(d)(2):  The employer did not verify, through a written certification, that the required workplace hazard assessment had been performed.   a.  On or about December 19, 2023, in the facility, employees were required to work with cleaning agents and sanitizers, to include Peracetic Acid Sanitizer, Foaming Chlorinated Cleaner (30399) and ChemSan 2007 Sanitizer.  These chemicals necessitated the use of personal protective equipment to prevent injuries.  The employer had not verified, through written certification, that a hazard assessment had been performed.  Abatement Note:  When then employer has determined that hazards are present, or likely to be present, the employer shall:   (1) Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;  (2) Communicate selection decisions to each affected employee; and,  (3) Select PPE that properly fits each affected employee.  (4) The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.  (5) Defective and damaged equipment. Defective or damaged personal protective equipment shall not be used.   (6) The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following:   (a) When PPE is necessary;   (b) What PPE is necessary;   (c) How to properly don, doff, adjust, and wear PPE;   (d) The limitations of the PPE; and,  (7) Each affected employee shall demonstrate an understanding of the training specified in paragraph (1) of this section, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.   (8) When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (2) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:   (a) Changes in the workplace render previous training obsolete; or   (b) Changes in the types of PPE to be used render previous training obsolete; or   (c) Inadequacies in an affected employee's knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.  (9) The employer shall verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subject of the certification.  (10) Paragraphs (d) and (f) of this section apply only to 1910.133, 1910.135, 1910.136, and 1910.138. Paragraphs (d) and (f) of this section do not apply to 1910.134 and 1910.137.    Note: Non-mandatory Appendix B contains an example of procedures that would comply with the requirement for a hazard assessment.