OSHA Inspection: LEGACY COOPERATIVE

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $11,524 · Current $9,196 Reduced

General-duty citation text

29 CFR  1910.28(b)(3)(iv): Each employee is protected from falling into a ladderway floor hole or ladderway platform hole by a guardrail system and toeboards erected on all exposed sides, except at the entrance to the hole, where a self-closing gate or an offset must be used;  On or about March 28th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348 were exposed to fall hazards while employees are accessing and working adjacent to pit B in that during entries the pit door is open and there is no guard railing or other conventional fall protection means in use to prevent someone from falling into the entrance hole.

Issued

Sep 23, 2024

Penalty

Initial $9,218 · Current $0 Reduced

General-duty citation text

29 CFR 1910.28(b)(11)(ii): The employer did not ensure that each flight of stairs having at least 3 treads and at least 4 risers is equipped with stair rail systems and handrails as described in 29 CFR 1910.28 Table D-2-Stairway Handrail Requirements.   On or about March 28th, 2024, employees engaged in grain operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were being exposed to fall hazards in that employees were using Pit 1's rail side stairs for access and egress. The stairwell being used had at least 4 risers and was not equipped with a handrail.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $16,131 · Current $12,872 Reduced

General-duty citation text

29 CFR  1910.146(d)(3)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations:  Beginning On or about June 9th, 2024 and continuing for approximately 30 days, employees engaged in grain handling operations located 1012 Laramie Ave, Hemingford, Nebraska 69348; where the employer's failure to develop and implement procedures or practices resulted in employees exposed to a hazardous atmosphere containing  phosphine gas during an entry into pit 3.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d)(3)(vi): The employer did not verify that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry.    On or about June 9th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to atmospheres containing phosphine (PH3) throughout the duration of entry into pit 3.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $0 · Current $12,872

General-duty citation text

29 CFR  1910.146(d)(13): Review entry operations when the employer has reason to believe that the measures taken under the permit space program may not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized;   On or about June 9th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to hazardous atmospheres and other recognized hazards when entering pit 3. The employer failed to properly revaluate pit 3 once they received notification of hazardous conditions including detection of phosphine (PH3) above monitor alarm thresholds when employees entered pit 3.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $0 · Current $12,872

General-duty citation text

29 CFR 1910.146(k)(1):  An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall:  (i) Evaluate a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;  Note to paragraph (k)(l)(i): What will be considered timely will vary according to the specific hazards involved in each entry. For example, �1910.134, Respiratory Protection, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) wearing respiratory protection while in work areas defined as IDLH atmospheres. (ii) Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified; (iii) Select a rescue team or service from those evaluated that: (iii)(A) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; (iii)(B) Is equipped for and proficient in performing the needed rescue services; (iv) Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and (v) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations.   On or about March 28th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed asphyxiation, explosion, and other recognized hazards when entering Pits A, B, 2, and 3 in that the employer failed to ensure the designated rescue team was capable of providing timely rescue per this instruction before entering pits. Instances of failure include but are not limited to:  1.) Pit A contained grain dust accumulation and potentially hazardous atmosphere in the space. Adequate rescue procedures were not implemented prior to entry into the space.   2.) Pit B contained water accumulation, grain dust, and potentially hazardous atmospheres. Adequate rescue procedures were not implemented prior to entry into the space.   3.) Pit 2 contained grain dust accumulation and potentially hazardous atmospheres in the space. Adequate rescue procedures were not implemented prior to entry into the space.   4.) Pit 3 contained water accumulation, grain dust accumulation, and hazardous gases (PH3) that were detected in the space. Adequate rescue procedures were not implemented prior to entry into the space.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $16,131 · Current $12,872 Reduced

General-duty citation text

29 CFR  1910.146(f): The entry permit that documents compliance with this section and authorizes entry did not identify the required information listed in (f)(1)-(f)(15):    On or about March 28th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348 were exposed to asphyxiation and acute respiratory illness hazards while working within spaces containing potentially hazardous atmospheres when the employer failed to document through a written permit pertinent information necessary for safe entry Pits A, B, 2, and 3. Instances of failure include but are not limited to:    1.) The permit space to be entered.    2.) The purpose of the entry.  3.) The date and authorized duration of the entry.  4.) The authorized entrants.  5.) The personnel, by name, currently serving as attendants. 6.) The hazards of the permit space to be entered. 7.) The measures used to isolate the permit space and to eliminate or control permit space hazards before entry. 8.) The acceptable entry conditions. 9.) The results of initial and periodic tests performed under paragraph (d)(5) of this section. 10.) The rescue and emergency services that can be summoned and the means (such as the equipment to use and the numbers to call) for summoning those services. 11.) The communication procedures used by authorized entrants and attendants to maintain contact during the entry. 12.) Any other information whose inclusion is necessary, given the circumstances of the particular confined space, in order to ensure employee safety. 13.) Any additional permits, such as for hot work, that have been issued to authorize work in the permit space.

Issued

Sep 23, 2024

Penalty

Initial $6,913 · Current $9,196

General-duty citation text

29 CFR  1910.157(c)(1):Portable fire extinguishers were not mounted, located and identified so that they were readily accessible without subjecting the employees to injuries:  On or about March 28th, 2024, employees engaged in grain operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348 were being exposed to trip and fall, struck-by and respiratory hazards. Fire extinguishers located in the maintenance shop and in Pit A, 4 pod area, were not mounted/secured to prevent employees working in the area from tripping or knocking them over and creating an unintentional accidental discharge.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $16,131 · Current $12,872 Reduced

General-duty citation text

29 CFR 1910.272(j)(1): The employer did not develop and implement a written housekeeping program that established the frequency and the method(s) determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces.    On or about March 28th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to explosion and fire hazards in that the employer failed to develop and implement a written housekeeping program that established the frequency and method(s) to reduce dust accumulations.  Instances of failure include but not limited to:  i.	Failure to ensure a regular cleaning schedule based in the evaluation of the amount of grain handled v. time between cleanings. ii.	Failure to monitor areas recognized for grain accumulation for adherence to housekeeping policy on a daily basis; including monthly safety audits.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $16,131 · Current $12,872 Reduced

General-duty citation text

29 CFR 1910.272(m)(1)(i): Preventive maintenance procedures in the grain handling facility were not implemented to provide regularly scheduled inspections of the mechanical and safety control equipment associated with dryers, grain stream processing equipment:  On or about March 28th, 2024, employees engaged in maintenance and grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to fire and explosion hazards in that the employer failed to conduct regular inspections of the mechanical and safety control equipment: Instances include but are not limited to:     i.    The employer failed to inspect the Brock Commercial Tower Dryer (MFH1944E) daily when in use for debris on the Heat Plenum Floor and inside Screens.   ii.   The employer failed to make periodic inspections of the Brock Commercial Tower Dryer (MFH1944E) prior to operation and before harvest season.    iii.	The employer failed to make periodic inspections of the Brock Commercial Tower Dryer (MFH1944E) every week for moisture, every two weeks, at the start of the season, and the end of the season for belts and tension.   iv.	The employer failed to inspect the dust collection equipment (,AIRLANCO, Serial # 85001437-003, model: FT-12) on a daily, monthly or when in use schedule.  v.	The employer failed to inspect the bucket elevators) on a daily, monthly or when in use schedule.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.272(m)(3): The employer did not maintain a certification record of each preventive maintenance inspection, performed in accordance with this paragraph (m), containing the date of the inspection, the name of the person who performed the inspection and the serial number, or other identifier, of the equipment specified in paragraph (m)(1)(i) of this section that was inspected.  On or about March 28th, 2024, employees engaged in maintenance and grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to fire and explosion hazards. The employer failed to maintain an inspection record for the mechanical and safety control equipment associated with dryers, dust collection equipment, and bucket elevators at this facility.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $16,131 · Current $12,872 Reduced

General-duty citation text

29 CFR 1910.272(m)(1)(ii):Preventive maintenance procedures in the grain handling facility were not implemented to provide lubrication and other appropriate maintenance in accordance with manufacturers' recommendations; or as determined necessary by prior operating records.   On or about March 28th, 2024, employees engaged in maintenance and grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to fire and explosion hazards. The employer failed to adequately implement preventive maintenance procedures to provide lubrication and other appropriate maintenance per the manufacturer's recommendations or prior operating records. Instances include but not limited to:  i.	The employer failed to inspect the Dryer daily when in use for debris on the Heat Plenum Floor and inside Screens.   ii.	The employer failed to make periodic inspections of the Dryer as described in the Preventive Maintenance section. Specifically, the employer did not inspect Dryer prior to operation and before harvest season. In addition, the employer failed to periodically shut down the dryer for routine inspection and maintenance.   iii.	The employer failed to lubricate bearings and gearbox, The employer failed to lubricate the lube blower bearings every 6 weeks, and at the end of the season. The employer failed to lubricate blower motor bearings at the end of the season.  iv.	The employer failed to make periodic inspections of the Dryer every week for moisture, every two weeks, at the start of the season, and the end of the season for belts and tension.   v.	The employer failed to service and add small grease to the rotary valve every 6 months on the dust collector. In addition, the employer failed to lightly oil the roller chain drive once a month

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $11,524 · Current $9,196 Reduced

General-duty citation text

29 CFR  1910.305(b)(1)(i): Openings through which conductors entered cutout boxes, cabinets, or fittings were not effectively closed:   On or about March 28th, 2024, employees engaged in grain handling operations located 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to fire/explosion and electrical hazards in that energized electrical conductors were exposed and not closed when entering a cutout box.  Instance of failure include but are not limited to:    1.) Outside Pit B, middle conveyor; the raceway was not connected to the electrical enclosure and was exposing energized conductors.   2.) Portable Conveyor wiring directly under junction box mounted to wood, located in garage was pulled away and separated from electrical enclosure.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(b)(1)(iii)(F):The raceway is fastened at its outer end and at other points as necessary;   On or about March 28th, 2024, employees engaged in grain handling operations located 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to fire, explosion,  and electrical hazards in that energized electrical conductors ran through a raceway were not fastened at its outer ends. Instances of failure include but are not limited to:   1.) Outside Pit B, middle conveyor; the raceway was not connected to the electrical enclosure and was exposing energized conductors. The raceway was not fastened.   2.) Portable Conveyor wiring directly under junction box mounted to wood, located in garage - The raceway was pulled away and separated from the electrical enclosure, exposing energized conductors.  The raceway was not fastened.

Issued

Sep 23, 2024

Penalty

Initial $6,913 · Current $0 Reduced

General-duty citation text

29 CFR 1910.305(g)(1)(iv)(A):Flexible cords and/or cables were used as a substitute for the fixed wiring of a structure:  On or about March 28th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed to fire and shock  hazards in that a flexible cord w plugged into the grain dryer monitor located directly in front of the grain dryer. The flexible cord was used as a substitute for permanent wiring in that it the flexible cord was being used continuously for a period exceeding 90days.

Issued

Sep 23, 2024

Penalty

Initial $11,524 · Current $9,196 Reduced

General-duty citation text

29 CFR 1910.1200(f)(6)(i): 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 information required by 29 CFR 1910.1200(f)(1)(i) through 29 CFR 1910.1200(f)(1)(v):  On or about March 28th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348 were exposed to ingestion, inhalation, fire, and absorption hazards in that a large white container with used motor oil located in the maintenance shop was not labeled or marked with all required information.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $161,323 · Current $128,727 Reduced

General-duty citation text

29 CFR 1910.272(j)(2)(ii): The employer did not immediately remove any fugitive grain dust accumulations whenever the exceeded 1/8-inch (.32cm) at priority housekeeping areas, pursuant to the housekeeping program for grain elevators:  The employer is failing to protect employees from fire and explosion hazards associated with fugitive grain dust accumulations that exceeded 1/8 inch in high priority housekeeping areas. Specifically, including within in the tunnel of the bottom belt area between and around the east and west legs, which is within 35ft of inside bucket elevators. This was most recently documented on or about March 28th, 2024, located at 1012 Laramie Ave, Hemingford, Nebraska 69348.

Issued

Sep 23, 2024

Abate by

Oct 20, 2025

Penalty

Initial $161,323 · Current $12,872 Reduced

General-duty citation text

29 CFR 1910.272(m)(2): The employer did not promptly correct dust collection systems in the grain handling facility which were malfunctioning or operating below designed efficiency:  The employer is failing to protect employees from fire and explosion hazards associated with the dust collection system operating below the designed efficiency. This was most recently documented on or about March 28th, 2024, located at Laramie Ave, Hemingford, Nebraska 69348. The employees were exposed to fugitive grain dust accumulations when working in and around the bottom belt tunnel when duct tape was used to maintain the dust collection system in place of maintenance or repair practices consistent with manufacturer recommendations.