OSHA Inspection: BALDI CANDY CO. DBA ARWAY CONFECTIONS, INC.

Issued

Apr 22, 2025

Penalty

Initial $16,550 · Current $16,000 Reduced

General-duty citation text

29 CFR  1910.147(c)(7)(i)(A): Authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation:  (a) Big Panning Room - On or about February 26, 2025, the employer did not ensure employees performing sanitation services to equipment were trained as "authorized" employees. Employees assigned the task of removing guards on panning machines were not provided with the knowledge and skills needed for the safe application, usage, and removal of energy control.  No abatement certification or documentation is required for this item.

Issued

Apr 22, 2025

Penalty

Initial $16,550 · Current $0 Reduced

General-duty citation text

29 CFR  1910.147(d): The established procedure for the application of energy control (the lockout or tagout procedures) did not cover the actions listed in and was not done in sequence as required by 29 CFR 1910.147(d)(1)-(6):  (a) Big Panning Room: On or about February 26, 2025, employees performing sanitation work were exposed to machine hazards associated with the unexpected startup of moving parts and in-going nip points during the removal of mechanical power-transmission apparatus guard panels, of the #2 Panning machine, #4 Panning machine, #5 Panning machine and #6 Panning machine, located in the Big Panning room. The employer failed to implement energy control application steps as LOTO devices were not applied to the electrical disconnect [per the 1910.147(d)(4) requirements]. As a result, the remaining applicable energy control elements, involving dissipation of residual energy [(d)(5)(i)], and verification of isolation [(d)(6)], were not implemented to protect employees from machine servicing hazards.   No abatement certification or documentation is required for this item.

Issued

Apr 22, 2025

Penalty

Initial $11,823 · Current $10,000 Reduced

General-duty citation text

29 CFR  1910.157(g)(1): An educational program was not provided for all employees to familiarize them with the general principles of fire extinguisher use and the hazards involved with incipient stage fire-fighting:   (a) Big Panning Room - On January 2, 2025, the employer did not provide a program to familiarize employees with the principals of fire extinguisher use and the hazards involved with incipient stage firefighting.  No abatement certification or documentation is required for this item.

Issued

Apr 22, 2025

Penalty

Initial $14,187 · Current $10,000 Reduced

General-duty citation text

29 CFR  1910.305(b)(1)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:  (a) Big Panning Room - On or about January 2, 2025, the employer did not ensure opening where breakers were missing on the Big Panning room circuit breaker panel were guarded with filler plates or blanks.    No abatement certification or documentation is required for this item.

Issued

Apr 22, 2025

Penalty

Initial $16,550 · Current $12,000 Reduced

General-duty citation text

29 CFR  1910.335(a)(1)(i): Employees working in areas where there were potential electrical hazards were not provided with electrical protective equipment that was appropriate for the specific parts of the body that needed to be protected and for the work being performed:  (a) Facility Wide - On February 26, 2025, maintenance employees involved in the removal of fuses to bring equipment, such as but not limited to the Panning machines, to a zero-energy state to perform service and maintenance were not provided with an arc rated face shield.   No abatement certification or documentation is required for this item.

Issued

Apr 22, 2025

Abate by

May 16, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:  (a) Big Panning Department - On February 26, 2025, the employer had not ensured that periodic inspections of the energy control procedures were conducted at least annually to ensure that the procedures and requirements of the energy control program were properly implemented and followed by employees while performing service and maintenance work such as monthly preventative maintenance on equipment such as but not limited to the panning machines.  In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).

Issued

Apr 22, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(c)(7)(iv): The employer did not certify that employee training had been accomplished:  (a) Facility Wide - On February 26, 2025, the employer failed to certify that employees were provided with lockout/tagout training.   In accordance with 29 CFR 1903.19(c), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET).