OSHA Inspection: HERBAL GARDEN, LLC

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $2,838 · Current $1,912 Reduced

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 May 29, 2025, and at times prior, the employer did not ensure that Ethanol, and Isopropyl Alcohol, Category 2 flammable liquids, were stored in containers in accordance with Table H-12.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

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.   a) On or about May 29, 2025, 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 jugs without the nozzle and container being electrically interconnected.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $2,838 · Current $1,911 Reduced

General-duty citation text

29 CFR  1910.110(f)(4)(i): The employer stored LP-Gas in a quantity exceeding 300 pounds (approximately 2550 cubic feet in vapor form) inside of a building.    a) On or about May 28, 2025, and at times prior, employees were exposed to fire and explosion hazards in that, the employer stored more than 300 pounds of LP-Gas inside the facility.  The LP gas containers were not stored in a special building or area that met the criteria in 29 CFR 1910.110(f)(5) which includes but is not limited to 2-hour fire rated construction, explosion relieving construction, adequate ventilation and electrical equipment meeting the requirements of 29 CFR 1910.110(b)(18).

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $2,838 · Current $1,912 Reduced

General-duty citation text

29 CFR  1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered.  a) On or about May 28, 2025 and at times prior, the employer did not ensure that employees working in the Advanced Extraction  lab model C2000, performing cannabis extraction using Illuminated Extractor E-4k turbo + system with flammable LP-Gas, extraction system, were provided fire retardant and static dissipating clothing.  b) On or about May 29, 2025, and at times prior, the employer did not ensure that employees working in the lab performing cannabis extraction using the Emotek OBE extraction system with butane gas, were provided fire retardant and static dissipating clothing.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

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 May 29, 2025, and at times prior the employer did not assess the workplace to determine if hazards were present or likely to be present when employees were exposed to fire hazards while operating Lp-gas extraction systems, and eye, face and hand hazards while transferring butane, propane, and butane/propane mix and filling process tanks, handling hazardous chemicals including but not limited to ethanol, isopropyl alcohol, and T41 bleaching clay.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $1,702 · Current $1,146 Reduced

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 May 29, 2025, 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 pouring T41 Bleaching Clay which contains respirable crystalline silica, putting cannabis trim into extraction systems socks for processing and pouring ethanol inside the lab.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $0 · Current $0

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) On or about May 29, 2025, and at times prior, 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 when employees were exposed to respiratory hazards including but not limited to; pouring of T41 Bleaching Clay which contains respirable crystalline silica, putting cannabis trim into extraction systems socks for processing and pouring ethanol inside the lab.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

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 May 29, 2025, 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 when pouring T41 Bleaching Clay which contains respirable crystalline silica, putting cannabis trim into extraction systems socks for processing and pouring ethanol inside the lab.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

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 May 29, 2025, 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 pouring T41 Bleaching Clay which contains respirable crystalline silica, putting cannabis trim into extraction systems socks for processing and pouring ethanol inside the lab.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or  were not packed or stored to prevent deformation of the facepiece and exhalation valve.  a) On or about May 29, 2025, and at times prior, the employer did not ensure that respirators were stored to protect them from damage, contamination, dust, and damaging chemicals , in that a 3M half mask tight fitting respirator with organic vapor cartridges in the lab was stored hung from the butane extraction system exposing the respirator and filters to contamination, dust, and other damaging  chemicals.  b)On or about May 29, 2025, and at times prior, the employer did not ensure that respirators were stored to protect them from damage, contamination, dust, and damaging chemicals , in that a 3M half mask tight fitting respirator with organic vapor  and particulate cartridges attached was stored hanging from a rack in the hallway exposing the respirator and filters to contamination, dust, and other damaging  chemicals.  c) On or about May 29, 2025, and at times prior, the employer did not ensure that respirators were stored to protect them from damage, contamination, dust, and damaging chemicals , in that a full face 3M tight fitting respirator  organic vapor  and particulate cartridges was stored out in the work area on the work table outside the large LP gas extraction area exposing the respirator and filters to contamination, dust, and other damaging  chemicals.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k):The employer did not provide comprehensive, understandable training  annually and/or more often if necessary.  a) On or about May 29, 2025, and at times prior, the employer did not provide comprehensive, understandable training  annually and/or more often if necessary for employees required to wear 3M tight fitting air purifying respirators when performing pouring of T41 Bleaching Clay which contains respirable crystalline silica, putting cannabis trim into extraction systems socks for processing and pouring ethanol inside the lab.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $2,838 · Current $1,911 Reduced

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) On or about May 29, 2025, and at times prior, the employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before employees performed any servicing or maintenance on the Corken 291 compressor 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.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $3,972 · Current $2,675 Reduced

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 May 29, 2025, and at times prior, the employer  did not ensure that in the lab used for butane extraction of cannabis using the Emotek OBE, rotary evaporator process, distillate process,  that holds 50 L of ethanol,  were  intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location in that the wiring methods in the lab and the equipment in the lab including but not limited to Bella electric ceramic griddle, Bauer 1825E-B heat gun, Across International SE130 rotary evaporator, Baber ministat 125,  Ourjob YK-818 Gas detector,  KTD-6000 drying oven set to and several other ovens set to 125F, along with the oulets and wiring in the lab were not rated for Class 1 Division 1 or 2.  b) On or about May 29, 2025, and at times prior, the employer did not ensure that wiring  methods and equipment outside the Advanced Extraction Lab CP 2000  booth were intrinsically safe and approved for the hazardous (classified) location Class 1 Division, or safe for the hazardous (classified) location of Class 1 Division when employees were performing cannabis extraction using flammable LP-gas with the door of the Advanced Extractions CP 2000 booth open.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $2,270 · Current $1,529 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, and it did not include the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii).  a) On or about May 29, 2025 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) when employees working with hazardous chemicals including but not limited to propane, butane, T41 containing respirable crystalline silica, Syltherm XLT Heat Transfer Fluid, and ethanol, with hazards including but not limited to  combustible dust, carcinogenicity category 1 (inhalation), Specific Target Organ Toxicity-repeated exposure inhalation, Flammable gas (category 1), Gases under pressure, and Flammable liquid (category 2), and eye irritation.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

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 May 29, 2025, and at times prior, the employer did not ensure that each 5 gallon carboy container of ethanol in the lab and  Zep spray bottle containers of isopropyl alcohol found in the lab and the work area, which are classified as category 2 flammable liquids, and category 1 liquids when aerosolized in a spray bottle, 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

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use.  a) On or about May 29, 2025, and at times prior the employer did not have a safety data sheet in the workplace for each hazardous chemical used including butane, and Syltherm XLT Heat Transfer Fluid, which have chemical hazards including but not limited to, Flammable liquid, flammable gas (category 1), and compressed gas.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

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) On or about May 29, 2025, and at times prior, the employer did not provide effective information and training on hazardous chemicals in their work area at the time of their initial assignment when employees  in the lab and LP gas extraction work area perform LP gas extraction, rotary vape, distillate process, and processing of cannabis into finished products, use chemicals including but not limited to propane, butane, T41 containing respirable crystalline silica, Syltherm XLT Heat Transfer Fluid, and ethanol with hazards including but not limited to combustible dust, carcinogenicity category 1 (inhalation), Specific Target Organ Toxicity-repeated exposure inhalation, Flammable gas (category 1), Gases under pressure, and Flammable liquid (category 2), and eye irritation.

Issued

Nov 24, 2025

Abate by

Apr 1, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1053(d)(1):The employer did not assess the exposure of each employee who was or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in paragraph (d)(2) or the scheduled monitoring option in paragraph (d)(3) of this section.  a) On or about May 29, 2025, and at times prior, the employer did not assess the exposure of each employee who was reasonably expected to be exposed to respirable crystalline silica when pouring and dispensing T41 colorimetric media for use in the butane and LP gas extraction systems.