OSHA Inspection: FW GREEN INVESTMENTS, LLC DBA KING CITY GARDENS

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $6,453 · Current $0 Reduced

General-duty citation text

29 CFR  1910.132(a):Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.  a) On or about December 19, 2023, the employer did not provide protective shields or barriers to protect employees from plant debris discharging from the Earthquake 212cc Chipper Shredder in that the manufacturer required protective debris bag had been removed.

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $11,292 · Current $6,000 Reduced

General-duty citation text

29 CFR  1910.147(c)(1): Energy control program. The employer shall establish a program consisting of energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative.   a) On or about December 19, 2023, the employer did not establish a lockout/tagout program with lockout/tagout procedures, employee training and periodic  inspections for the Earthquake 212CC Chipper Shredder to be used when cleaning and unclogging the Shredder to prevent employees hands being exposed to the moving blades.

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $11,292 · Current $0 Reduced

General-duty citation text

29 CFR  1910.147(d): Application of control. The established procedures for the application of energy control (the lockout or tagout procedures) shall cover the following elements and actions and shall be done in the following sequence: (1) Preparation for shutdown. Before an authorized or affected employee turns off a machine or equipment, the authorized employee shall have knowledge of the type and magnitude of the energy, the hazards of the energy to be controlled, and the method or means to control the energy. (2) Machine or equipment shutdown. The machine or equipment shall be turned off or shut down using the procedures established for the machine or equipment. An orderly shutdown must be utilized to avoid any additional or increased hazard(s) to employees as a result of the equipment stoppage. (3) Machine or equipment isolation. All energy isolating devices that are needed to control the energy to the machine or equipment shall be physically located and operated in such a manner as to isolate the machine or equipment from the energy source(s). (4) Lockout or tagout device application. (i) Lockout or tagout devices shall be affixed to each energy isolating device by authorized employees. (ii) Lockout devices, where used, shall be affixed in a manner to that will hold the energy isolating devices in a "safe" or "off" position. (5) Stored energy. (i) Following the application of lockout or tagout devices to energy isolating devices, all potentially hazardous stored or residual energy shall be relieved, disconnected, restrained, and otherwise rendered safe. (ii) If there is a possibility of reaccumulation of stored energy to a hazardous level, verification of isolation shall be continued until the servicing or maintenance is completed, or until the possibility of such accumulation no longer exists. (6) Verification of isolation. Prior to starting work on machines or equipment that have been locked out or tagged out, the authorized employee shall verify that isolation and deenergization of the machine or equipment have been accomplished.  a) On or about December 19, 2023, the employer did not ensure that (d)(1) through (d)(6) were followed by employees performing servicing and maintenance on the Earthquake 212CC Chipper Shredder.  Employees did not isolate the energy source (spark plug) when unclogging the shredder feed chute, exposing employees to caught in and amputations hazards from the rotating blade.

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $4,839 · Current $4,000 Reduced

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).  a) On or about December 12, 2023, the employer did not ensure that employees who were operating the Toyota Forklift Truck Model 8FGU25 SN 73936 had  received training on the forklift prior to being allowed to operate the forklift.

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $4,839 · Current $0 Reduced

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.  a) On or about December 5, 2023, the employer did not ensure that the forklift operator did not leave a forklift unattended without the load engaging means being fully lowered in that  employees were standing on a pallet lifted 3 to 4 feet from the ground by the  Toyota Forklift Truck Model 8FGU25 SN 73936 while shredding marijuana into a dumpster.

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $4,839 · Current $0 Reduced

General-duty citation text

29 CFR  1926.454(a):The employer shall have each employee who performs work while on a scaffold trained by a person qualified in the subject matter to recognize the hazards associated with the type of scaffold being used and to understand the procedures to control or minimize those hazards. The training shall include the following areas, as applicable: (1) The nature of any electrical hazards, fall hazards and falling object hazards in the work area;  a) On or about December 12, 2023,  the employer failed to ensure that employees were trained by a qualified person in fall hazard recognition for the use of mobile scaffolds.  Employees were exposed to falls of 3 to 4 feet, flying debris, and unknown load capacities, while working from and standing on a modified pallet supported by the forks of a forklift.

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $8,067 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.212(a)(1): Machine Guarding. Types of guarding. One or more methods of machine guarding shall be 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. Examples of guarding methods are-barrier guards, two-hand tripping devices, electronic safety devices, etc.  a) On or about December 19, 2024, the employer did not ensure that the shredder chute of the Earthquake 212 CC Chipper Shredder was guarded  to prevent employees from accessing the rotating knives and blades when feeding plant material into the shredder.

Issued

Apr 24, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.132(d)(2): Hazard assessment and equipment selection. 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.  a) On or about December 26, 2023, the employer did not verify through a written certification that a workplace hazard assessment had been performed which would include gloves and safety glasses when working in cultivation and shredding plants.

Issued

Apr 24, 2024

Abate by

Jun 11, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(a)(4): Modifications and additions which affect capacity and safe operation shall not be performed by the customer or user without manufacturers prior written approval. Capacity, operation, and maintenance instruction plates, tags, or decals shall be changed accordingly.   a) On or about December 19, 2023, the employer did not receive written prior approval from the manufacturer before allowing the use of a homemade modified personnel work platform attachment to be utilized on the Toyota Forklift Truck Model 8FGU25 SN 73936.