OSHA Inspection: COLD BAKED LLC

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.101(b):The in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tankcars, or motor vehicle cargo tanks were not in accordance with Compressed Gas Association Pamphlet P-1-1965, which is incorporated by reference as specified in CFR 1910.6:  a) On or about October 17, 2024, and at times prior, the employer did not ensure that the in-plant handling storage, and utilization of all compressed gasses in cylinders, was in accordance with the Compressed Gas Association Pamphlet P-1-1965 in that safe procedures were not followed when transferring nitrogen, propane, and butane from larger container to smaller containers and was not in accordance with section 3.1.3.   b) On or about October 17, 2024, and at times prior, the employer did not ensure that the in-plant handling storage, and utilization of all compressed gasses in cylinders, was in accordance with the Compressed Gas Association Pamphlet P-1-1965 in that 40 pound compressed gas containers of propane was not in accordance with section 3.1.9, and were not labeled with the contents of the cylinder.  c) On or about October 17, 2024, and at times prior, the employer did not ensure that the in-plant handling storage, and utilization of all compressed gasses in cylinders, was in accordance with the Compressed Gas Association Pamphlet P-1-1965, in that 100 pound tanks of propane and butane were stored next to 5 gallon plastic jugs of ethanol also known as 420 and BotanaSolv which are both category 2 flammable liquids, which was not in accordance with Section 3.5.1.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.106(d)(2)(iii): Flammable or combustible liquid containers were not in accordance with Table H-12:  a) On or about October 17, 2024, and at times prior, the employer did not ensure that ethanol in the forms of BotanaSolv and 420 stored in 5 gallon plastic containers which are categorized on their SDS as a Category 1B and Category 2 flammable liquids were store in containers in accordance with Table H-12.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.106(h)(4)(iv)(a): Equipment was not designed and arranged to prevent the unintentional escape of liquids and vapors and to minimize the quantity escaping in the event of accidental release.  a) On or about October 17, 2024, and at times prior, the employer did not ensure that the ethanol dispensing from the outside chilled container into the extraction room, into the ethanol extractor coils, was through an approved self-closing valve, the valve required manual closing.  b) On or about December 18, 2024, and at times prior, the employer did not ensure that gravity dispensing flammable ethanol a category 2 flammable liquid from the rotary evaporator, into a 5-gallon plastic jug was done through an approved self-closing valve, the valve required manual closing.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.106(h)(7)(i)(b): Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 �F (37.8 �C), were dispensed into containers without the nozzle and container electrically interconnected. Where the metallic floorplate on which the container stands while filling is electrically connected to the fill stem or where the fill stem is bonded to the container during filling operations by means of a bond wire, the provisions of this section were not deemed to have been complied with:  a) On or about October 17, 2024, and at times prior, the employer did not ensure that ethanol a category 2 flammable liquid was dispensed into containers with the nozzle and container being electrically interconnected, in that ethanol was dispensed from 5-gallon plastic style container into a red plastic funnel and then into the ethanol extraction system without the nozzle and the container being electrically interconnected.  b) On or about October 17, 2024, and at times prior, the employer did not ensure that ethanol a category 2 flammable liquid was dispensed into containers with the nozzle and container being electrically interconnected, in that 420 extractor a class 1B flammable liquid according to the SDS and a category 2 flammable liquid based on flashpoint and boiling point, was poured from a 5-gallon plastic style bulk jug into a small plastic squirt bottle without the nozzle and the container being electrically interconnected.  c) On or about December 18, 2024, and at times prior, the employer did not ensure that ethanol a category 2 flammable liquid was dispensed into containers with the nozzle and container being electrically interconnected, in that ethanol was dispensed from the rotary evaporator into a 5-gallon plastic style bulk jug without the nozzle and the container being electrically interconnected.  d) On or about December 18, 2024, and at times prior, the employer did not ensure that ethanol a category 2 flammable liquid was dispensed into containers with the nozzle and container being electrically interconnected, in that ethanol was dispensed from the end of the ethanol rotary evaporator into 5-gallon plastic style bulk jug without the nozzle and container being electrically interconnected.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

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) On or about October 17, 2024, and at times prior, the employer did not assess the workplace to determine the hazards present which necessitate the use of personal protective equipment when filling 40-pound propane, and butane tanks from larger 100-pound tanks containing propane UN 1978 and butane UN 1011 tanks from Quality Extraction Group LLC.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $2,128 · Current $2,128

General-duty citation text

29 CFR  1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(1)(i) - (ix) with worksite specific procedures was not established and implemented for required respirator use:   a) On or about October 17, 2024, and at times prior, the employer did not  implement a respiratory protection program that contained all worksite specific procedures for employees required to utilize tight-fitting respirators during preparation of cannabis trim.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness.  a) On or about October 17, 2024, and at times prior, the employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness when the employer required employees use air purifying tight fitting respirators during preparation of cannabis trim.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace.  a) On or about October 17, 2024, and at times prior, the employer did not provide a medical evaluation to determine the employee's ability to use a respirator before the employee was required to use a tight-fitting air purifying respirator during preparation of cannabis trim.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test.  a) On or about October 17, 2024, and at times prior, the employer did not ensure that employees passed an appropriate qualitative or quantitative fit test before being required to wear air purifying tight fitting respirators when preparing cannabis trim as a result of exposure to particulates.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(g)(1)(i)(A):Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function.  a) On or about October 17, 2024, and at times prior, the employer did not ensure that employees required to wear half mask tight fitting air purifying respirators while preparing cannabis trim, did not have facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function.

Issued

Apr 9, 2025

Abate by

Jan 2, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.307(c): Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location.  a) On or about October 17, 2024, and at times prior, the employer did not ensure that the wiring methods and equipment including but not limited to the Delta Seperators control panel on the ethanol extraction system, and the electrical outlets were rated for Class 1 Division 1 in the "blast room" where employees perform butane, propane, and ethanol extraction.  b) On or about October 17, 2024, and at times prior, the employer did not ensure that that the equipment and wiring methods in the rotary evaporator room where ethanol is heated in a rotary evaporator, and 5-gallon jugs of ethanol are stored and filled, were rated for Class 1 Division 2.  c) On or about October 17, 2024, and at times prior, the employer did not ensure that the wiring methods and installations of equipment in hazardous locations were intrinsically safe and approved for the hazardous location, or safe for the hazardous location Class 1 Division 1 in the washroom area, where employees fill 40-pound tanks of butane and propane from larger 100-pound tanks.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $2,128 · Current $2,128

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 which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met, and it did not include the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii).  a) On or about October 17, 2024, and at times prior, the employer did not develop a written hazard communication program which described how the criteria specified in 29 CFR 1910.1200(f)(g) and (h) will be met and the written program did not include the requirements outlined in 29 CFR 1910.1200(e)(1)(i)and (e)(1)(ii).

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(e)(1)(i): The employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet.  a) On or about October 17, 2024, and at times prior, the employer did not compile a list of the hazardous chemicals known to be present using a product identifier that was referenced on the appropriate safety data sheet in that nitrogen stored in a compressed gas cylinder and used in the ethanol extraction process, was not included on the list of chemicals provided by the employer.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

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) On or about October 17, 2024, and at times prior, the employer did not ensure that each container of 420 and BotanaSolv which are category 2 flammable liquids, were labeled, tagged or marked with words, pictures, symbols, or a combination thereof which provides at least the general information regarding the hazards of the chemicals.

Issued

Apr 9, 2025

Abate by

May 7, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.145(c)(3): Safety instruction sign(s) were not used where there was a need for general instructions and suggestions relative to safety measure(s).  a) On or about October 17, 2024, and at times prior the employer did not ensure that warning signs indicating the potential for explosive atmosphere inside the washroom where butane and propane were transferred from 100-pound containers into smaller 40-pound containers.