OSHA Inspection: GUERRERO AG, LLC

Issued

2024-05-29 00:00:00

Abate by

2024-07-17 00:00:00

Penalty

Initial $11292.00 · Current $6775.00 Reduced

Hazardous substances 8330

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 not protected from the hazard of high heat while performing their jobs duties.  a) On or about December 2, 2023, at the orange grove located at 12010 FL-70, Arcadia, Florida 34266, employees were exposed to the hazard of high heat from the sun during the performance of their job duties, including picking oranges. The calculated Wet Bulb Globe Temperature (WBGT) ranged from 23?- 29? (74 ? to 83?) with a calculated heat index of 24?- 33? (74 ? to 92?) while working outdoors for approximately 8-9 hours performing heavy manual labor and wearing long sleeves, long pants, and a hat. An employee assigned to perform harvesting experienced adverse health effects such as, but not limited to, heat cramps and heat exhaustion, from exposure to the hot work environment.  b) On or about December 3, 2023, at the orange grove located at 12010 FL-70, Arcadia, Florida 34266, employees were exposed to the hazard of high heat from the sun during the performance of their job duties, including picking oranges. The calculated Wet Bulb Globe Temperature (WBGT) ranged from 23?- 30? (73? to 86?) with a calculated heat index of 23?- 35? (74 ? to 95?) while working outdoors for approximately 4-5 hours performing heavy manual labor and wearing long sleeves, long pants, and a hat. An employee assigned to perform harvesting experienced adverse health effects such as, but not limited to, heat cramps and heat exhaustion, from exposure to the hot work environment.  c) On or about and at times prior to December 4, 2023, at the orange grove located at 12010 FL-70, Arcadia, Florida 34266, employees were exposed to the hazard of high heat from the sun during the performance of their job duties, including picking oranges. The calculated Wet Bulb Globe Temperature (WBGT) ranged from 24 ?-29? (74? to 84?) with a calculated heat index of 24?- 32? (75 ? to 90?) while working outdoors for approximately 8-9 hours performing heavy manual labor and wearing long sleeves, long pants, and a hat. An employee experienced a heat stroke during his duties on December 4, 2023, and as a result of the exposure the employee died on December 7,2023 at the hospital.

Issued

2024-05-29 00:00:00

Abate by

2024-07-17 00:00:00

Penalty

Initial $11292.00 · Current $6775.00 Reduced

Hazardous substances 8330

General-duty citation text

29 CFR  1910.151(b): There was neither an infirmary, clinic, or hospital used for the treatment of all injured employees in near proximity to the workplace nor a person or persons adequately trained to render first aid:  a) On or about December 2, 2023, at the orange grove located at 12010 FL-70, Arcadia, Florida 34266, the employer failed to ensure that a person adequately trained to provide first aid to employees working in an area where there was no infirmary, clinic, or hospital was available in case of severe injury or illness such as heat related emergencies.

Issued

2024-05-29 00:00:00

Abate by

2024-07-17 00:00:00

Penalty

Initial $8067.00 · Current $4840.00 Reduced

General-duty citation text

29 CFR  1904.39(a)(1): The employer did not report within 8-hours the death of an employee resulting from a work-related incident.  a) On or about December 7, 2023, at 12010 FL-70, Arcadia, Florida 34266; The employer failed to report to OSHA within eight (8) hours a work-related fatality.

Issued

2024-05-29 00:00:00

Abate by

2024-07-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

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 December 4, 2023, at 12010 FL-70, Arcadia, Florida 34266; The employer failed to report to OSHA within twenty-four (24) hours a work-related hospitalization.