OSHA Inspection: UPPER DECK, LTD.

Issued

Jan 13, 2025

Abate by

Jan 30, 2025

Penalty

Initial $5,807 · Current $2,904 Reduced

General-duty citation text

29 CFR  1910.23(c)(11): The employer did not ensure that portable ladders used to gain access to an upper landing surface that have side rails that extend at least 3 feet (0.9 m) above the upper landing surface.  On and about November 13, 2024, an employee climbed a 12' aluminum ladder to access a mezzanine that is approximately 10' above the floor, and fell from the mezzanine to the floor.  On and about December 2, 2024, employees climb 12' aluminum ladders to access a mezzanine that is 10' above the floor, exposing the employees to a falls.

Issued

Jan 13, 2025

Abate by

Jan 30, 2025

Penalty

Initial $5,807 · Current $2,904 Reduced

General-duty citation text

29 CFR  1910.28(b)(1)(i)(C):(b) Protection from fall hazards  (1) Unprotected Sides and edges. (I) Except at provided elsewhere in this section, the employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that was 4 feet or more above a lower was protected from falling by a (C)personal fall protection system such as   personal fall arrest, travel restraint or positioning system.  On or about November 13, 2024, an employee working on a mezzanine ten feet from the ground was not protected from falling by a personal fall arrest system, travel restraint or positioning system and fell ten feet to the floor.

Issued

Jan 13, 2025

Abate by

Jan 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.30(a)(3)(i):29 CFR 1910.30(a)(3)(i): The employer did not train each employee in the nature of the fall hazards in the work area and how to recognize them.  Location: Worksite  Instance 1: On or about November 13, 2024, an employee, who was not trained in the recognition of fall hazards, climbed a 12' ladder onto a mezzanine 10' from the concrete floor and fell, fracturing both heels.  Instance 2: On or about December 2, 2024, employees, who have not been trained in the recognition of fall hazards, climb 12' ladders onto a mezzanine 10' from the concrete floor without fall protection systems in place.

Issued

Jan 13, 2025

Abate by

Jan 30, 2025

Penalty

Initial $4,149 · Current $2,075 Reduced

General-duty citation text

29 CFR  1910.36(g)(2):Exit access(es) were not at least 28 inches (71.1 cm) wide at all points.  Location: Picking Area  Instance 1: On or about December 2, 2024,  the Stock Aisle was completely blocked by pallets containing cardboard and cardboard boxes, exposing employees to entrapment, smoke inhalation, and burns.  Instance 2: On or about December 2, 2024, the Weathervane Aisle was completely blocked with boxes, shopping carts, and merchandise, exposing employees to entrapment, smoke inhalation, and burns.  Instance 3: On or about December 2, 2024, Aisle KK1, the end of the aisle was completely blocked by boxes and stacked pallets containing boxes, exposing employees to trips and falls.  Instance 4: On or about December 2, 2024, Aisle BB, the end of the aisle blocked by boxes, and a Yale electric powered pallet jack, exposing employees to trips and falls.  Location: Shipping  Instance 5: On or about December 2, 2024, the South side exit door obstructed by a metal rack and cardboard boxes, exposing employees to entrapment, smoke inhalation, and burns.

Issued

Jan 13, 2025

Abate by

Mar 5, 2025

Penalty

Initial $4,149 · Current $2,075 Reduced

General-duty citation text

29 CFR  1910.178(g)(2):Battery changing and charging installations for industrial trucks were not provided with facilities for flushing and neutralizing spilled electrolyte:  Location: Shipping  On or about December 2, 2024, two charging stations for the electric powered forklifts, and electric powered pallet  jack did not have an eyewash station for flushing and neutralizing spilled electrolytes, exposing employees to burns and eye injuries.

Issued

Jan 13, 2025

Abate by

Mar 5, 2025

Penalty

Initial $5,807 · Current $0 Reduced

General-duty citation text

29 CFR  1910.178(l)(1)(i):The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):   Location: Worksite  On or about December 2, 2024, employees who operate three electric powered forklifts, and one electric powered pallet jack have not been trained or certified to do so, exposing employees to struck-by hazards.

Issued

Jan 13, 2025

Penalty

Initial $4,149 · Current $0 Reduced

General-duty citation text

29 CFR  1910.178(p)(1):Powered industrial truck(s) found to be in need of repair, defective, or in any way unsafe had not been taken out of service until restored to safe operating condition(s)  Location: Worksite  Instance 1: On or about December 2, 2024, a yellow electric powered Caterpillar Model ET4000-AC forklift had a rear taillight not working and the rear strobe light was not working exposing employees to struck-by hazards.  Instance 2: On or about December 2, 2024, an orange and white electric powered Nissan 30 Model NA01L15U forklift had a rear taillight and left front headlight not working, exposing employees to struck-by hazards.

Issued

Jan 13, 2025

Abate by

Jan 22, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(q)(7): Industrial trucks were not examined before being placed in service:  Location: Worksite  Instance 1: On or about December 2, 2024, a Yale electric powered pallet jack Serial #N57597 was not examined before being placed into service.  Instance 2: On or about December 2, 2024, an electric powered Caterpillar Model ET4000-AC forklift was not examined before being placed into service.  Instance 3: On or about December 2, 2024, an electric powered Nissan 30 Model NA01L15U forklift was not examined before being placed into service.  Instance 4: On or about December 2, 2024, an electric powered Hyster 30 Model 085DL-35 forklift was not examined before being placed into service.

Issued

Jan 13, 2025

Abate by

Jan 22, 2025

Penalty

Initial $4,149 · Current $2,075 Reduced

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.  On Wednesday, November 13, 2024, an employee working on a mezzanine ten feet from the ground without any fall protection systems in place, fell and was hospitalized for two weeks, and the employer failed to notify OSHA within 24 hours.

Issued

Jan 13, 2025

Abate by

Jan 22, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1904.40(a):The employer did not provide an authorized government representative the records within the four business hours.  On Monday, December 2, 2024, at approximately 10:00 A.M. CSHO Q1973 requested the employer's 2020 through to date 2024 OSHA Logs, the 2020 through 2023 OSHA 300A Logs, and the 2023 through to date 2024 OSHA 301 Logs be provided to OSHA within four hours.  The employer failed to provide the OSHA Logs requested within four hours.

Issued

Jan 13, 2025

Abate by

Jan 22, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.178(a)(6):The employer did not ensure that all nameplates or markings were maintained in a legible condition:  Location: Worksite  On or about December 2, 2024, a nameplate on an electric powered Nissan 30 Model NA01L15U forklift was unreadable exposing employees to roll over and stuck by hazards.