OSHA Inspection: DFA DAIRY BRANDS FLUID, LLC

Issued

Jul 31, 2024

Abate by

Nov 6, 2024

Penalty

Initial $11,524 · Current $6,500 Reduced

General-duty citation text

29 CFR  1910.25(c)(2): The employer did not ensure that standard stairs have a maximum riser height of 9.5 inches (24 cm).   (a) Cheese Vat 1, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm).  (b) Cheese Vat 2, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm) thereby exposing employees to contusions and sprains in the event of a trip and fall.  (c) Cheese Vat 3, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm) thereby exposing employees to contusions and sprains in the event of a trip and fall.  (d) Cheese Vat 4, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm) thereby exposing employees to contusions and sprains in the event of a trip and fall.  (e) Cheese Vat 5, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm) thereby exposing employees to contusions and sprains in the event of a trip and fall.  (f) Cheese Vat 6, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm) thereby exposing employees to contusions and sprains in the event of a trip and fall.  (g) Cheese Vat 7, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm) thereby exposing employees to contusions and sprains in the event of a trip and fall.  (h) Cheese Vat 8, Cheese Processing Room - On or about February 22, 2024, the employer did not ensure that standard stairs providing access to cheese vat working platforms had a maximum riser height of 9.5 inches (24 cm). The maximum riser height was 12 inches (30.48 cm) thereby exposing employees to contusions and sprains in the event of a trip and fall.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Abate by

Aug 28, 2024

Penalty

Initial $6,913 · Current $0 Reduced

General-duty citation text

29 CFR 1910.37(b)(6): Each exit sign was not illuminated to a surface value of at least five foot-candles (54 lux) by a reliable light source and be distinctive in color:  (a) Cheese Processing Room - On or about February 22, 2024, the employer failed to ensure that the exit sign above the North egress route door was illuminated thereby exposing employees to fire hazards.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Abate by

Aug 28, 2024

Penalty

Initial $9,218 · Current $6,500 Reduced

General-duty citation text

29 CFR 1910.95(c)(1): The employer did not administer a continuing, effective hearing conservation program as described in 29 CFR 1910.95(c) through (n) whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level of 85 decibels:  An effective hearing conservation program which included noise monitoring, audiometric testing of employees and training of employees as detailed in the standard was not instituted by DFA Dairy Brands Fluid, LLC.  a)  Tube Filler Line Area - On or about June 20, 2024, an employee operating the 1 oz. sour cream tube filler line was exposed to continuous noise levels at 81.9% of the allowable 8-hour time-weighted average sound level (90 dBA).  The equivalent dBA level of 81.9% is approximately 89.1 dBA. The sampling was performed for 467 minutes during one 8-hour work shift.  Zero exposure was assumed for the unsampled period of time, 36 minutes.    b) Bulk 5 lb. Packaging Area - On or about June 20, 2024, an employee operating the 5. lb line was exposed to continuous noise levels at 66.5% of the allowable 8-hour time-weighted average sound level (90 dBA).  The equivalent dBA level of 66.5% is approximately 87.5 dBA. The sampling was performed for 467 minutes during one 8-hour work shift.  Zero exposure was assumed for the unsampled period of time, 34 minutes.   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Penalty

Initial $6,913 · Current $1,976 Reduced

Hazardous substances 00201470186018902085

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:  (a) Cheese Processing Room - On or about March 12, 2024, the employer did not ensure that an employee wore eye protection while cleaning out and sanitizing a cheese vat thereby exposing them to eye burns.  Abatement documentation is not required of this item.

Issued

Jul 31, 2024

Abate by

Sep 6, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1910.147(c)(4)(ii): Procedures did not clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, 29 CFR 1910.147(c)(4)(ii)(A), (c)(4)(ii)(B), (c)(4)(ii)(C) and (c)(4)(ii)(D):  (a) Cottage Cheese Processing Room - On or about February 14, 2024 - a Blend Operator performed a cleaning task on Creamer 2. The employer's Lockout Tagout Procedures (Creamer 1 & 2) did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to caught-in hazards during servicing and maintenance activities.  (b) Cottage Cheese Processing Room - On or about June 12, 2024, a Blend Operator performed cleaning tasks on Grace Washers. The employer's Lockout Tagout Procedures (Grace Washer #1, #2, #3, & #4) did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to electrical, pressure, and chemical hazards during servicing and maintenance activities.  (c) Cottage Cheese Processing Room - On or about May 10, 2024, a Blend Operator performed cleaning tasks on Dressing Tanks.  The employer's Lockout Tagout Procedures (Dressing Tank #1, #2, #3, #4, & #5) did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to electrical, struck-by, pressure, chemical and heat hazards during servicing and maintenance activities.  (d) Mix-in Area - On or about March 12, 2024, a Filler Operator and a Maintenance Technician performed an unjamming task on the Modern Packaging Inc. Cup Filler. The employer's Lockout Tagout Procedure for the Modern Packaging Inc. Cup Filler did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to electrical, struck-by, caught-in, and pressure hazards during servicing and maintenance activities.   (e) Cottage Cheese Packaging Room - On or about May 9, 2024, Filler Operators performed changeover tasks on Osgood Filler #1. The employer's Lockout Tagout Procedure (Osgood Filler # 1) did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to electrical, pressure, caught-in, and heat hazards during servicing and maintenance activities.   (f) Cottage Cheese Packaging Room - On or about May 9, 2024, a Maintenance Technician performed maintenance tasks on Osgood Filler #2. The employer's Lockout Tagout Procedure (Osgood Filler # 2) did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to electrical, pressure, caught-in, and heat hazards during servicing and maintenance activities.   (g) Tube Filler Area - On or about June 20, 2024, a Filler Operator performed an unjamming task on Pearson Technologies R350 case erector serial no. 2004R35010475. The employer's Lockout Tagout Procedure (Tetrapack Box Maker) did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to electrical, caught-in, and heat hazards during servicing and maintenance activities.   (h) 5 lb. Sour Cream Fill Room - On or about June 20, 2024, a Filler Operator and Maintenance Technicians performed unjamming tasks on the Thiele Technologies CE446 Case Erector serial no. CE446A127. The employer's Lockout Tagout Procedure for the Thiele Technologies CE446 Case Erector did not outline the scope, purpose, authorization, rules, and list specific procedural steps for shutting down the equipment and returning to service, thereby exposing employees to electrical and caught-in hazards during servicing and maintenance activities.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Abate by

Aug 28, 2024

Penalty

Initial $9,218 · Current $5,500 Reduced

Hazardous substances 00201470186020852260

General-duty citation text

29 CFR  1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical:  a) Cottage Cheese Processing Room - On or about March 12, 2024, the employer did not ensure that a stationary clean-out-of-place tank was labeled with its content thereby exposing employees to hazardous chemicals such as, but not limited to, Ecolab Principal (contains sodium hydroxide and sodium hypochlorite), Ecolab Vortexx (contains acetic acid and hydrogen peroxide) and AC-55-5 Red (Contains nitric acid and phosphoric acid).   b) Cottage Cheese Packaging Room - On or about May 9, 2024, the employer did not ensure that portable clean-out of-place tanks were labeled with their contents thereby exposing employees to hazardous chemicals such as, but not limited to, Ecolab Principal (contains sodium hydroxide and sodium hypochlorite), Ecolab Enforce LP (contains sodium hydroxide and sodium hypochlorite), and Ecolab XY-12 (contains sodium hypochlorite).   Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Abate by

Sep 6, 2024

Penalty

Initial $0 · Current $16,131

General-duty citation text

29 CFR 1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:  (a) Cottage Cheese Processing Room - On or about February 14, 2024 - the employer did not conduct a periodic inspection of Lockout Tagout Procedure Creamer 2 within the previous year thereby exposing employees caught-in and hydraulic hazards.   (b) Cottage Cheese Processing Room - On or about June 12, 2024, the employer did not conduct a periodic inspection of Lockout Tagout Procedures Grace Washer #1, #2, #3, & #4 within the previous year thereby exposing employees to electrical, pressure and chemical hazards.   (c) Cottage Cheese Processing Room - On or about May 10, 2024, the employer did not conduct a periodic inspection of Lockout Tagout Procedure Dressing Tank #1, #2, #3, #4 & #5 within the previous year thereby exposing employees to electrical, struck-by, pressure, and heat hazards that could result in shock, chemical and thermal burn.   (d) Mix-in Area - On or about March 12, 2024, the employer did not conduct a periodic inspection of the Lockout Tagout Procedure for the Modern Packaging Inc. Cup Filler within the previous year thereby exposing employees to electrical, struck-by, pressure, and heat hazards that could result in shock, chemical and thermal burn.   (e) Cottage Cheese Packaging Room - On or about May 9, 2024, the employer did not conduct a periodic inspection of Lockout Tagout Procedure Osgood Filler #1 within the previous year thereby exposing employees to electrical, pressure, caught-in, and heat hazards that could result in shock, chemical and thermal burn.   (f) Cottage Cheese Packaging Room - On or about May 9, 2024, the employer did not conduct a periodic inspection of Lockout Tagout Procedure Osgood Filler #2 within the previous year thereby exposing employees to electrical, pressure, caught-in, and heat hazards that could result in shock, chemical and thermal burn.   (g) Tube Filler Area - On or about June 20, 2024, the employer did not conduct a periodic inspection of Lockout Tagout Procedure Tetrapack Box Maker within the previous year thereby exposing employees to electrical, caught-in, and heat hazards that could result in shock, thermal burns, laceration, fracture, and amputation.   (h) 5 lb. Sour Cream Fill Room - On or about June 20, 2024, the employer did not conduct a periodic inspection of the Lockout Tagout Procedure for a Thiele Technologies CE446 Case Erector serial no. CE446A127 within the previous year thereby exposing employees to electrical and caught-in hazards that could result in shock, thermal burns, laceration, fracture, and amputation.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Abate by

Sep 19, 2024

Penalty

Initial $0 · Current $16,131

General-duty citation text

29 CFR 1910.147(f)(3)(i): A procedure was not utilized to afford the employees a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device when servicing and/or maintenance was performed by a crew, craft, department or other group:    (a) Mix-in Area - On or about March 12, 2024, the employer failed to ensure that a procedure was utilized to afford the Filler Operator and Maintenance Technician a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device when servicing and maintenance was performed by both employees on the Modern Packaging Inc. Cup Filler. The employees were exposed to machine hazards associated with moving parts and in-going nip points.  The employees performing the work did not use group lockout.  (b) Cottage Cheese Packaging Room - On or about May 9, 2024, the employer failed to ensure that a procedure was utilized to afford Filler Operators a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device when servicing and maintenance was performed by both employees on the Osgood Filler #1. The employees were exposed to machine hazards associated with moving parts and in-going nip points.  The employees performing the work did not use group lockout.  (c) 5 lb. Sour Cream Fill Room - On or about June 20, 2024, the employer failed to ensure that a procedure was utilized to afford a Filler Operator and Maintenance Technicians a level of protection equivalent to that provided by the implementation of a personal lockout or tagout device when servicing and maintenance was performed by both employees on the Thiele Technologies CE446 Case Erector serial no. CE446A127. The employees were exposed to machine hazards associated with moving parts and in-going nip points.  The employees performing the work did not use group lockout.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Abate by

Sep 6, 2024

Penalty

Initial $161,323 · Current $16,131 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:   (a) Cottage Cheese Processing Room - On or about February 14, 2024 - an employee was exposed to caught-in hazards while performing cleaning tasks on Creamer 2 while it was energized. The employer did not ensure that employees were utilizing the company's energy control procedure.  (b) Cottage Cheese Processing Room - On or about June 12, 2024, an employee was exposed to pressure and chemical hazards while performing cleaning tasks on Grace Washers while the hydraulic gate valves were not locked out. The employer did not ensure that employees were utilizing the company's energy control procedure.  (c) Cottage Cheese Processing Room - On or about May 10, 2024, an employee was exposed to pressure, chemical and heat hazards while performing cleaning tasks on Dressing Tanks while the main fill line was not disconnected and capped. The employer did not ensure that employees were utilizing the company's energy control procedure.  (d) Mix-in Area - On or about March 12, 2024, employees were exposed to and caught in and struck by hazards while performing an unjamming task on the Modern Packaging Inc. Cup Filler while it was energized. The employer did not ensure that employees were utilizing the company's energy control procedure.  (e) Cottage Cheese Packaging Room - On or about May 9, 2024, an employee was exposed to caught in hazards while performing troubleshooting and maintenance tasks on Osgood Filler #2 while it was energized. The employer did not ensure that employees were utilizing the company's energy control procedure.  (f) Tube Filler Area - On or about June 20, 2024, an employee was exposed to caught in and struck by hazards while performed an unjamming task on Tetrapack Box Maker while it was energized. The employer did not ensure that employees were utilizing the company's energy control procedure.  (g) 5 lb. Sour Cream Fill Room - On or about June 20, 2024, employees were exposed to caught in and struck by hazards while performing unjamming tasks on a Thiele Technologies CE446 Case Erector (serial no. CE446A127) while it was energized. The employer did not ensure that employees were utilizing the company's energy control procedure.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).  DFA Dairy Brands Fluid, LLC (dba Meadow Gold) was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.147(c)(4)(i), which was contained in OSHA inspection number 1693709, citation number 1, item number 1 and was affirmed as a final order on 10/25/23, with respect to a workplace located at 1325 W. Oxford Avenue, Englewood, CO 59101.  DFA Dairy Brands Fluid, LLC (dba Meadow Gold Dairy) was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.147(c)(4)(i), which was contained in OSHA inspection number 1601976, citation number 2, item number 4 and was affirmed as a final order on 11/09/22, with respect to a workplace located at 109 South Broadway, Billings, MT 59101.  DFA Dairy Brands Fluid, LLC (dba Meadow Gold Dairy) was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.147(c)(4)(i), which was contained in OSHA inspection number 1528324, citation number 1, item number 4-a and was affirmed as a final order on 10/18/21, with respect to a workplace located at 312 3rd Avenue South, Great Falls, MT 59405.

Issued

Jul 31, 2024

Abate by

Sep 6, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(d)(1): The authorized employee did not 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 before the authorized or affected employee turned off the machine or equipment:   (a) Cottage Cheese Processing Room - On or about February 14, 2024, the employer did not ensure that a blend operator was provided with specific information regarding the types and magnitude of hazardous energy, potential hazards and the means to perform a full and effective removal of hazardous energy present in Creamer 2 while washing the vessel out thereby exposing employees to caught-in hazards associated with rotating parts and shearing action.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).  DFA Dairy Brands Fluid, LLC (dba Meadow Gold) was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.147(c)(4)(i), which was contained in OSHA inspection number 1693709, citation number 1, item number 2 and was affirmed as a final order on 10/25/23, with respect to a workplace located at 1325 W. Oxford Avenue, Englewood, CO 59101.

Issued

Jul 31, 2024

Abate by

Aug 28, 2024

Penalty

Initial $460 · Current $0 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) Warehouse Shipping Area - On or about April 2, 2024, the employer did not ensure that employees had clear access to the breaker panel for electric forklift chargers. The employer approved installation of a portable Quincy QGV-50 Air Compressor within 19 inches of the face of the breaker panel thereby exposing employees to electrical and fire hazards.  (b) Cottage Cheese Packaging Room - On or about May 9, 2024, the employer did not ensure that employees had clear access to the breaker panel for Osgood Filler #2. Employees were permitted to store a pallet of flattened cardboard cases immediately in front of the panel thereby exposing employees to electrical and fire hazards.  DFA Dairy Brands Fluid, LLC (dba Meadow Gold Dairy) was previously cited for a violation of this occupational safety and health standard 29 CFR 1910.147(c)(4)(i), which was contained in OSHA inspection number 1601976, citation number 3, item number 1 and was affirmed as a final order on 11/09/22, with respect to a workplace located at 109 South Broadway, Billings, MT 59101.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).

Issued

Jul 31, 2024

Abate by

Aug 14, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.334(a)(2)(ii): If there is a defect or evidence of damage that might expose an employee to injury, the defective or damaged item shall be removed from service, and no employee may use it until repairs and tests necessary to render the equipment safe have been made.  (a) WinPak 32 Area - On or about March 12, 2024, the employer did not ensure that a flexible cord set (extension cord) with a damaged outer sheath was repaired or removed from service, thereby exposing employees to electrical shock hazards.  Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).