OSHA Inspection: AGROPUR, INC.

Issued

Aug 2, 2024

Abate by

May 27, 2025

Penalty

Initial $16,131 · Current $8,000 Reduced

Hazardous substances M110

General-duty citation text

29 CFR 1910.146(d)(3): Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall develop and implement the means, procedures, and practices necessary for safe permit space entry operations  as required by 29 CFR 1910.146(d)(3)(i)-(d)(3)(vi).  At an establishment located at N2915 County Road AB in Luxemburg, Wisconsin:  a) On or about March 8, 2024, in the Whey Department - CP Process Room, the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations into the permit-required confined space of the Milk Minerals Dryer (MMD). Employees were exposed to potential atmospheric and mechanical hazards when they were required to enter the dryer to conduct activities such as, but not limited to, collecting filter bags, sweeping the inside of the dryer, and spray sanitizing the inside of the dryer.   b) On or about March 31, 2024, to April 26, 2024, in the Perm Department, the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations into the permit-required confined space of the Perm Dryer. Perm Operator employees were exposed to potential atmospheric, combustible dust, and mechanical hazards when they were required to enter the dryer to conduct activities such as, but not limited to, pulling spray nozzles for cleaning and reinstalling the spray nozzles after the clean-in place system finished cleaning the inside of the dryer.  c) On or about March 31, 2024, to April 26, 2024, in the Perm Department, the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations into the permit-required confined space of the Perm Dryer West Baghouse. Perm Operator employees were exposed to potential atmospheric and combustible dust hazards when they were required to enter the dryer to conduct activities such as, but not limited to, cleaning and inspecting the air tubes for the pulsers.  d) On or about March 31, 2024, to April 26, 2024, in the Perm Department, the employer did not develop and implement a written permit space program that complies with this section. Perm Operator employees were exposed to potential atmospheric and combustible dust hazards when entering the East Baghouse ducts of the Perm Dryer when they were required to enter that space to conduct activities such as, but not limited to, cleaning and inspecting the ductwork.  e) On or about May 3, 2024, in the Cheese Plant, the employer did not develop and implement a written permit space program that complies with this section. Utility Operator employees were exposed to potential atmospheric and engulfment hazards when entering the Advanced Cheese Vats (ACVs). Employees were required to enter the permit-required confined space to conduct activities such as, but not limited to, taking samples, pouring ingredients, and rinsing the mixing blades.

Issued

Aug 2, 2024

Abate by

May 27, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(4)(ii): The procedures shall 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):  At an establishment located at N2915 County Road AB in Luxemburg, Wisconsin:  a) On or about March 8, 2024, in the CP Process Room, employees were required to perform cleaning and maintenance tasks within the Milk Minerals Dryer (MMD) when the 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. The procedure did not identify all energy sources including natural gas.  b) On or about March 31, 2024, to April 26, 2024, in the Perm Department, employees were required to perform cleaning and maintenance tasks within the Perm Dryer when the 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.

Issued

Aug 2, 2024

Abate by

May 27, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(d)(4)(ii): Lockout or tagout device application. Lockout devices, where used, shall be affixed in a manner to that will hold the energy isolating devices in a "safe" or "off" position.   At an establishment located at N2915 County Road AB in Luxemburg, Wisconsin:  a) On or about March 8, 2024, in the CP Process Room, the employer did not ensure that employees performing servicing and maintenance tasks within the Milk Minerals Dryer (MMD) were affixing locking devices in a manner that would hold them in the "off" position when employees left the keys to the devices on a table or on the markerboard in the Whey Control Room while they performed the servicing and maintenance tasks.

Issued

Aug 2, 2024

Abate by

May 27, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(f)(3)(ii)(D): Each authorized employee shall affix a personal lockout or tagout device to the group lockout device, group lockbox, or comparable mechanism when he or she begins work, and shall remove those devices when he or she stops working on the machine or equipment being serviced or maintained.  At an establishment located at N2915 County Road AB in Luxemburg, Wisconsin:  a) On or about March 8, 2024, in the Whey Department - CP Process Room, the employer did not ensure that each employee performing service and maintenance activities within the Milk Minerals Dryer (MMD) was protected from potential entanglement, amputation, asphyxiation, and fire hazards by affixing personal lockout devices prior to performing cleaning activities inside of the MMD.

Issued

Aug 2, 2024

Abate by

May 27, 2025

Penalty

Initial $16,131 · Current $8,000 Reduced

Hazardous substances M110

General-duty citation text

29 CFR 1910.146(d)(5)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), when testing for atmospheric hazards, the employer did not evaluate permit space conditions when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors:  At an establishment located at N2915 County Road AB in Luxemburg, Wisconsin:  a) On or about March 8, 2024, in the Whey Department - CP Process Room, the employer did not evaluate permit space conditions in the Milk Minerals Dryer (MMD) when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors, in that order. Employees were exposed to potential atmospheric and mechanical hazards when entering the MMD when they were required to enter that space to conduct activities such as, but not limited to, collecting filter bags, sweeping the inside of the dryer, and spray sanitizing the inside of the dryer.

Issued

Aug 2, 2024

Abate by

Sep 23, 2024

Penalty

Initial $11,524 · Current $5,667 Reduced

Hazardous substances M110

General-duty citation text

29 CFR 1910.146(k)(1): Rescue and emergency services. 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; (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: (A) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; (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.   At an establishment located at N2915 County Road AB in Luxemburg, Wisconsin:  The employer did not evaluate the Luxemburg Fire Department as its designated rescue and emergency services provider prior to employees entering permit-required confined spaces such as, but not limited to, spray dryers, silos, tanks, and vats.