OSHA Inspection: BEN'S, INC.

Issued

Jul 25, 2025

Abate by

Aug 26, 2025

Penalty

Initial $3,405 · Current $2,213 Reduced

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 struck-by and crushing hazards associated with the lack of inspections on the two-post, four-post, and alignment automotive lifts as a part of conducting annual inspections:  (a)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025, the employer did not ensure required inspections were conducted of the ALM Corporation two-post vehicle lift, Model Number: 9003, Serial Number: 200E-01115. This condition exposed employees to struck-by and crushing hazards.   (b)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025,  the employer did not ensure required inspections were conducted of the ALM Corporation two-post vehicle lift, Model Number: 9003A,  Serial Number: 200E-01254. This condition exposed employees to struck-by and crushing hazards.   (c)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025,  the employer did not ensure required inspections were conducted of the ALM Corporation four-post vehicle lift, Model Number:12001WR, Serial Number: 200E-01588. This condition exposed employees to struck-by and crushing hazards.   (d)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025,  the employer did not ensure required inspections were conducted of the  Challenger four-post vehicle lift, Model Number: 4P14EFX, Serial Number: 141000000113105. This condition exposed employees to struck-by and crushing hazards.   (e)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025,  the employer did not ensure required inspections were conducted of the Hunter Scissor Alignment lift, Model Number: RXK located in the southwest bay of the Shop Area. This condition exposed employees to struck-by and crushing hazards.   Abatement Note: Among other methods, the following are feasible and acceptable abatement methods:   1) Institute a preventative maintenance program in accordance with ANSI/ALI ALOIM.  2) Ensure employees do not use automotive lifts with deficient safety devices.  3) Ensure unsafe lifts are effectively locked out until repairs can be made by qualified personnel.

Issued

Jul 25, 2025

Abate by

Aug 26, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.177(c)(1):The employer did not provide a program to train all employees who service rim wheels in the hazards involved and the safety procedures to follow while servicing rim wheels:  (a)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 23, 2025, the employer did not ensure that a program to train employees who service rim wheels was developed, implemented, and/or maintained at the workplace.  This condition exposed employees to struck by hazards associated with servicing rim wheels.  Abatement Note: The following provisions shall be included and the employer shall establish a safe operating procedure for servicing single piece rim wheels and shall assure that employees are instructed in and follow that procedure. The procedure shall include at least the following elements:  ? Tires shall be completely deflated by removal of the valve core before demounting. ? Mounting and demounting of the tire shall be done only from the narrow ledge side of the wheel. Care shall be taken to avoid damaging the tire beads while mounting tires on wheels. Tires shall be mounted only on compatible wheels of matching   bead diameter and width. ? Nonflammable rubber lubricant shall be applied to bead and wheel mating surfaces before assembly of the rim wheel, unless the tire or wheel manufacturer recommends against the use of any rubber lubricant. ? If a tire changing machine is used, the tire shall be inflated only to the minimum pressure necessary to force the tire bead onto the rim ledge while on the tire changing machine. ? If a bead expander is used, it shall be removed before the valve core is installed and as soon as the rim wheel becomes airtight (the tire bead slips onto the bead seat). ? Tires may be inflated only when contained within a restraining device, positioned behind a barrier or bolted on the vehicle with the lug nuts fully tightened. ? Tires shall not be inflated when any flat, solid surface is in the trajectory and within one foot of the sidewall. ? Employees shall stay out of the trajectory when inflating a tire. ? Tires shall not be inflated to more than the inflation pressure stamped in the sidewall unless a higher pressure is recommended by the manufacturer. ? Tires shall not be inflated above the maximum pressure recommended by the manufacturer to seat the tire bead firmly against the rim flange. ? No heat shall be applied to a single piece wheel. ? Cracked, broken, bent, or otherwise damaged wheels shall not be reworked, welded, brazed, or otherwise heated.

Issued

Jul 25, 2025

Abate by

Aug 26, 2025

Penalty

Initial $1,702 · Current $1,106 Reduced

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:  (a)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025, the employer did not ensure a written hazard communication program was developed, implemented, and / or maintained at the workplace prior to employee exposure to the following chemicals:  ? PB Penetrating Catalyst ? NAPA Power Steering Fluid ? Synpower? SAE 5W-40 MST SYNTHETIC MOTOR OIL ? White Lithium Grease ? NAPA� EP WHEEL BEARING GREASE ? NAPA� Full Synthetic SAE OW-1 6 Motor Oil ? NAPA DOT 4 BRAKE FLUID ? NAPA DOT 3 BRAKE FLUID ? NAPA� EP WHEEL BEARING GREASE ? NAPA PENETRATING LUBRICANT 6300 ? FAST ORANGE PUMICE LOTION 1 GAL ? Lucas Heavy Duty Oil Stabilizer ? Dexos Full Synthetic SAE 5W-30 Engine Oil ? Thrive Synthetic Blend SAE 5W-30 Engine Oil ? THRIVE? Semi-Synthetic Diesel 15w40 ? THRIVE? Synthetic SAE OW-20 Engine Oil ? Murphy s Tire and Tube Mounting Compound  Abatement Note:  The written hazard communication program will also include:   (1) A list of the hazardous chemicals known to be present using an identity that is referenced on the appropriate safety data sheet (the list may be compiled for the workplace as a whole or for individual work areas); and,  (2) The methods the employer will use to inform employees of the hazards of non-routine tasks.  (3) The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.

Issued

Jul 25, 2025

Penalty

Initial $0 · Current $0

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)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025, the employer did not ensure and did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard is introduced into the work area for hazardous chemicals and substances that include but are not limited to:   ? PB Penetrating Catalyst ? NAPA Power Steering Fluid ? Synpower? SAE 5W-40 MST SYNTHETIC MOTOR OIL ? White Lithium Grease ? NAPA� EP WHEEL BEARING GREASE ? NAPA� Full Synthetic SAE OW-1 6 Motor Oil ? NAPA DOT 4 BRAKE FLUID ? NAPA DOT 3 BRAKE FLUID ? NAPA� EP WHEEL BEARING GREASE ? NAPA PENETRATING LUBRICANT 6300 ? FAST ORANGE PUMICE LOTION 1 GAL ? Lucas Heavy Duty Oil Stabilizer ? Dexos Full Synthetic SAE 5W-30 Engine Oil ? Thrive Synthetic Blend SAE 5W-30 Engine Oil ? THRIVE? Semi-Synthetic Diesel 15w40 ? THRIVE? Synthetic SAE OW-20 Engine Oil ? Murphy s Tire and Tube Mounting Compound  Abatement Note:  (a)	Employees shall be informed of:  (1)	Any operation in their work area where hazardous chemicals are present; and,  (2)	The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets required by this section.  (b)	Employee training shall include at least:  (1)	Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);  (2)	The physical and health hazards of the chemicals in the work area;  (3)	The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;  (4)	The details of the hazardous communication program developed by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can obtain and use the appropriate hazard information.

Issued

Jul 25, 2025

Abate by

Aug 26, 2025

Penalty

Initial $567 · Current $369 Reduced

General-duty citation text

29 CFR 1904.41(a)(2): The employer did not file the annual electronic submission of OSHA Form 300A Summary of Work-Related Injuries and Illnesses by establishments with 20 or more employees but fewer than 250 employees in designated industries. If your establishment had 20 or more employees but fewer than 250 employees at any time during the previous calendar year, and your establishment is classified in an industry listed in appendix A to subpart E of this part, then you must electronically submit information from OSHA Form 300A Summary of Work-Related Injuries and Illnesses to OSHA or OSHA's designee. You must submit the information once a year, no later than the date listed in paragraph (c) of this section of the year after the calendar year covered by the form:  (a)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025, the employer failed to electronically submit information from their OSHA Form 300A or equivalent for calendar year 2024. The establishment employed 20 employees and is classified as industry NAICS code 441320 during the calendar year 2024.

Issued

Jul 25, 2025

Abate by

Aug 26, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:  (a)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025, the employer did not establish an energy control program consisting of an energy control procedures, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury on or around industrial equipment located in the Shop Areas. This condition exposed employees to struck-by, caught-in, pneumatic, hydraulic, and electrical hazards.  Abatement Note:  As part of an energy-control program, employers must:  (1)	Establish energy-control procedures for removing the energy supply from machines and for putting appropriate lockout or tagout devices on the energy-isolating devices to prevent unexpected reenergization.  When appropriate, the procedure also must address stored or potentially reaccumulated energy.  (2)	Train employees on the energy-control program, including the safe application, use, and removal of energy controls; and  (3)	Inspect these procedures periodically (at least annually) to ensure that they are being followed and that they remain effective in preventing employee exposure to hazardous energy.  The energy-control procedures must outline the scope, purpose, authorization, rules, and techniques that employees will use to control hazardous energy sources, as well as the means that will be used to enforce compliance.  These procedures must provide employees at least the following information:  (1)	A statement on how to use the procedures;  (2)	Specific procedural steps to shut down, isolate, block, and secure machines;  (3)	Specific steps designating the safe placement, removal, and transfer of lockout/tagout devices and identifying who has responsibility for the lockout/tagout devices; and  (4)	Specific requirements for testing machines to determine and verify the effectiveness of lockout devices, tagout devices, and other energy-control measures.

Issued

Jul 25, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.303(g)(1): Sufficient access and working space was not provided and maintained about all electric equipment (operating at 600 volts, nominal, or less to ground) to permit ready and safe operation and maintenance of such equipment:  (a)Ben's Inc. dba Bargain Barn Tire Center at 3317 North Cliff Avenue, Sioux Falls, SD 57104:  On or about and at times prior to April 24, 2025, the employer did not ensure that the electrical panel located on the west wall of the Shop Area had sufficient access and working space in that materials were obstructing the panels.  This condition exposed employees to electrical hazards.