OSHA Inspection: STEAK N SHAKE INC.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $16,131 · Current $16,131

Hazardous substances 0530

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 exposed to asphyxiation hazards:  (a) 3502 River Point Parkway, Sheridan, CO 80110: On or about April 20, 2024, employees retrieving food product from the walk-in freezer, which contained 200 pounds of dry ice, were exposed to levels of carbon dioxide exceeding the concentration Immediately Dangerous to Life or Health (IDLH) of 40,000 ppm as set by the National Institute for Occupational Safety and Health (NIOSH).  This resulted in an employee being overcome by the hazardous atmosphere and losing consciousness.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $9,218 · Current $9,218

General-duty citation text

29 CFR 1910.132(d)(1): The employer did not assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE):  (a) 3502 River Point Pkwy, Sheridan, CO 80110: On or about May 10, 2024, and at times prior, the employer did not assess the workplace for hazards that would require the use of PPE including, but not limited to, the use for corrosive chemicals.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $0 · Current $0

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) 3502 River Point Pkwy, Sheridan, CO 80110: On or about May 10, 2024, and at times prior, employees did not use appropriate eye and face protection when exposed to caustic liquids including, but not limited to, Peroxide Multi Surface Cleaner and Disinfectant, Greaselift, and Ultra San. Eye exposure to chemicals in use in the employer's workplace may result in serious eye damage and loss of vision.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $16,131 · Current $16,131

Hazardous substances 0530

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:    (a) 3502 River Point Parkway, Sheridan, CO 80110: On or about April 20, 2024, employees were exposed to carbon dioxide released from dry ice when entering the walk-in freezer to retrieve food products in that, the employer did not evaluate the carbon dioxide hazard in this area. Exposure to carbon dioxide in enclosed spaces may result in health effects including, but not limited to, increased heart rate, breathing difficulty, loss of consciousness, and asphyxiation.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $9,218 · Current $9,218

General-duty citation text

29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:  (a) 3502 River Point Pkwy, Sheridan, CO 80110: On or about May 10, 2024, and at times prior, no emergency eye wash was available where employees handle and dispense corrosive cleaning chemicals including, but not limited to, Peroxide Multi Surface Cleaner and Disinfectant, Greaselift, Ultra San, Lime-a-way, and APEX Solid Quat Broad Range Sanitizer. Eye exposure to chemicals in use in the employer's workplace may result in serious eye damage and loss of vision.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $16,131 · Current $16,131

Hazardous substances 0530

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program that included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii) and describes how the criteria specified in 29 CFR 1910.1200(f) will be met:   (a) 3502 River Point Pkwy, Sheridan, CO 80110: On or about May 10, 2024, and at times prior, employees exposed to hazardous chemicals under normal operating conditions or in foreseeable emergencies were not protected by a compliant written hazard communication program were exposed to hazardous levels of carbon dioxide from dry ice and also handle and dispense corrosive cleaners including, but not limited to, Peroxide Multi Surface Cleaner, APEX Solid Quat Broad Range Sanitizer, Greaselift, Ultra San, and Lime-a-way. Deficiencies in the employer's hazard communication program are as follows:  (1)	Current list of hazardous chemicals used at the location (2)	Communication of hazards for non-routine tasks (3)	Labeling of containers (4)	Safety Data Sheets (5)	Employee training on hazardous chemicals

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $0 · Current $0

Hazardous substances 0530

General-duty citation text

29 CFR 1910.1200(g)(1): The employer did not ensure that they maintained a safety data sheet in the workplace for each hazardous chemical which they use:   (a) 3502 River Point Pkwy, Sheridan, CO 80110: On or about April 20, 2024, a safety data sheet for dry ice was not readily available nor maintained in the workplace. Employees were exposed to respiratory hazards from the sublimination of dry ice stored in the walk-in freezer.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $16,131 · Current $0 Reduced

Hazardous substances 0530

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  (a) 3502 River Point Pkwy, Sheridan, CO 80110: On or about April 20, 2024, and at times prior, employees were not provided effective information or training prior to being exposed to hazards associated with dry ice that was used in the walk-in freezer and was sublimating.  Exposure to dry ice and carbon dioxide from its decomposition may result in health effects including frostbite, eye damage, loss of consciousness, and asphyxiation.  (b) 3502 River Point Pkwy, Sheridan, CO 80110: On or about May 10, 2024, and at times prior, employees were not provided effective information or training prior to being exposed to hazards associated with hazardous chemicals used for cleaning. Employees handle and dispense corrosive cleaners including, but not limited to, Peroxide Multi Surface Cleaner, APEX Solid Quat Broad Range Sanitizer, Greaselift, Ultra San, and Lime-a-way. Exposure to chemicals in use in the employer's workplace include but are not limited to severe eye damage, loss of vision, skin burns.

Issued

Oct 17, 2024

Abate by

Nov 25, 2024

Penalty

Initial $11,524 · Current $11,524

Hazardous substances 0530

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) 3502 River Point Parkway, Sheridan, CO 80110: On or about April 21, 2024, and at times prior, the employer did not report when an employee was hospitalized following a work-related exposure to carbon dioxide upon entering a walk-in freezer containing carbon dioxide from sublimating dry ice.