A Wisconsin company that supplies malt barley to major craft breweries, home breweries, and other spirit and food production in the Midwest has again been found exposing employees to dangerous workplace hazards by federal safety inspectors. OSHA has proposed penalties of $174,351 after inspectors identified two repeated and 14 serious safety and health violations after responding to a complaint of unsafe working conditions at the company’s Manitowoc malthouse in August 2022. Inspectors found workers crafting the malt exposed to machine, respiratory protection, confined space and other hazards.
OSHA found the company exposed workers to amputation and other injuries by failing to adequately implement and periodically test procedures for controlling hazardous energy before servicing and maintenance. In 2019, OSHA cited the company for similar violations.
Federal safety inspectors also noted the company did not assess the safety and health hazards of malthouse confined spaces, as required. The company also failed to implement a permit required confined space program and train workers on the confined space hazards. Inspectors also found the company’s safety failures exposed employees to fall hazards from the roof, and entanglement and amputation hazards created by unguarded augers.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 1a
Type of Violation: Serious; $8,204
29 CFR 1910.134(d)(3)(iii)(B)(2): If there is no ESLI (end-of-service-life indicator) appropriate for conditions in the employer’s workplace, the employer implements a change schedule for canisters and cartridges that is based on objective information or data that will ensure that canisters and cartridges are changed before the end of their service life. The employer shall describe in the respirator program the information and data relied upon and the basis for the canister and cartridge change schedule and the basis for reliance on the data.
At an establishment, the employer’s written respiratory protection program did not implement a change schedule for cartridges to ensure they are changed before the end of their service life. Employees were required to wear Draeger 5500 X-plore full-face respirators equipped with combination filters (P/N: 6738361) during bleaching activities.
Citation 1 Item 1b
Type of Violation: Serious
29 CFR 1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee shall be cleaned and disinfected as often as necessary to be maintained in a sanitary condition.
On or about August 9, 2022, at an establishment located at 605 Washington Street in Manitowoc, Wisconsin; the employer did not ensure that respirators issued for the exclusive use of an employee were cleaned and disinfected as often as necessary to be maintained in a sanitary condition. Employees engaged in sanitation duties were required to wear a Draeger 5500 X-plore full-face respirator equipped with combination filters (P/N: 6738361) that were not maintained in a sanitary condition.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 2a
Type of Violation: Serious; $10,256
29 CFR 1910.146(c)(2): If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces. NOTE: A sign reading DANGER — PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER or using other similar language would satisfy the requirement for a sign.
a) On or about August 24, 2022, at an establishment, the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence, location, and danger posed by the permit spaces of the upper loading deck of the kiln.
Employees were required to enter the spaces to conduct activities such as, but not limited to, collecting grain samples, performing blowdown of the trays between different grain varieties, and loading grain.
b) On or about September 29, 2022, to October 3, 2022, the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence, location, and danger posed by the permit spaces of the lower loading deck of the kiln. Employees were required to enter the space to conduct activities such as, but not limited to, collecting grain samples.
c) On or about August 24, 2022, at an establishment, the employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence, location, and danger posed by the permit spaces of the germ bed compartments.
Employees were required to enter the spaces daily to conduct activities such as, but not limited to, cleaning and unloading the grain from the germ bed.
Citation 1 Item 2b
Type of Violation: Serious; Grouped
29 CFR 1910.146(c)(4): If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with this section. The written program shall be available for inspection by employees and their authorized representatives.
a) The employer did not develop and implement a written permit space program that complies with this section. Employees were exposed to potential atmospheric and mechanical hazards when entering the upper loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to, collecting grain samples, loading grain, and to perform blowdown between different grain varieties.
b) The employer did not develop and implement a written permit space program that complies with this section. Employees were exposed to potential thermal and mechanical hazards when entering the lower loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to collecting grain samples.
c) The employer did not develop and implement a written permit space program that complies with this section. Employees were exposed to the potential atmospheric and mechanical hazards when they were required to enter that space to conduct activities such as, but not limited to, cleaning and emptying the germ beds.
All provisions of 29 CFR 1910.146(c) through (k) must be covered in a written permit-required confined space (PRCS) program. Key elements include, but are not limited to the following:
1) Evaluation of all spaces for PRCS
2) Informing employees of PRCS locations
3) PRCS entry permit program
4) Training of affected, entrant, attendant and supervisor employees’ duties
5) Emergency rescue plan
Note: A permit required confined space may be reclassified as a non-permit confined space under the procedures of 1910.147(c)(7).
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 3a
Type of Violation: Serious; $10,256
29 CFR 1910.146(d)(1): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not implement the measures necessary to prevent unauthorized entry.
a) The employer did not take effective measures to prevent unauthorized entry into the upper loading deck of the kiln. Employees entered this area without implementation of any measures required for entry into a permit required confined space that contained potential atmospheric and mechanical hazards.
b) The employer did not take effective measures to prevent unauthorized entry into the lower loading deck of the kiln. Employees entered this area without implementation of any measures required for entry into a permit required confined space that contained thermal and mechanical hazards.
c) The employer did not take effective measures to prevent unauthorized entry into the four germ beds. Employees entered these areas without implementation of any measures required for entry into a permit required confined space that contained potential atmospheric and mechanical hazards.
Citation 1 Item 3b
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(2): Under the permit space program required by paragraph (c)(4) of 29 CFR 1910.146, the employer shall identify and evaluate the hazards of permit spaces before employees enter them.
a) On or about August 24, 2022, the employer did not identify and evaluate the hazards of the permit space of the upper loading deck of the kiln before employees entered it. Employees were exposed to potential atmospheric and mechanical hazards when entering the upper loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to, collecting grain samples, loading grain, and to perform blowdown between different grain varieties.
b) On or about September 29, 2022, to October 3, 2022, the employer did not identify and evaluate the hazards of the permit space of the lower loading deck of the kiln before employees entered it. Employees were exposed to potential thermal and mechanical hazards when entering the lower loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to collecting grain samples.
c) On or about August 24, 2022, the employer did not identify and evaluate the hazards of the permit space of the Germ Bed Compartment 2 before employees entered it. Employees were exposed to the potential atmospheric and mechanical hazards when they were required to enter that space to conduct activities such as, but not limited to, cleaning and emptying the germ beds.
Citation 1 Item 3c
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(3): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations:
a) On or about August 24, 2022, the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations into the permit-required confined space of the upper deck of the kiln. Employees were exposed to potential atmospheric and mechanical hazards when entering the upper loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to, collecting grain samples, loading grain, and to perform blowdown between different grain varieties.
b) On or about September 29, 2022, to October 3, 2022, the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations into the permit-required confined space of the lower deck of the kiln. Employees were exposed to potential thermal and mechanical hazards when entering the lower loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to collecting grain samples.
c) On or about August 24, 2022, the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations into the permit-required confined space of the Germ Bed Compartment 2. Employees were exposed to the potential atmospheric and mechanical hazards when they were required to enter that space to conduct activities such as, but not limited to, cleaning and emptying the germ beds.
Citation 1 Item 3d
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(5)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), when testing for atmospheric hazards, the employer did not evaluate permit space conditions when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors:
a) On or about August 24, 2022, the employer did not evaluate permit space conditions in the upper loading deck of the kiln when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors, in that order. Employees were exposed to potential atmospheric and mechanical hazards when entering the upper loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to, collecting grain samples, loading grain, and to perform blowdown between different grain varieties.
b) On or about September 29, 2022, to October 3, 2022, the employer did not evaluate permit space conditions in the lower loading deck of the kiln when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors, in that order. Employees were exposed to potential thermal and mechanical hazards when entering the lower loading deck of the kiln when they were required to enter that space to conduct activities such as, but not limited to, collecting grain samples.
c) On or about August 24, 2022, the employer did not evaluate permit space conditions in the Germ Bed Compartment 2 when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors, in that order. Employees were exposed to the potential atmospheric and mechanical hazards when they were required to enter that space to conduct activities such as, but not limited to, cleaning and emptying the germ beds.
Citation 1 Item 3e
Type of Violation: Serious; Grouped
29 CFR 1910.146(k)(1)(i): Evaluate a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified.
At an establishment, in Malt House 6; the employer did not evaluate the prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the potential atmospheric, thermal, and mechanical hazards identified in the upper and lower loading decks of the kiln, and in the four compartments of the germ beds.
Note to paragraph (k)(1)(i): What will be considered timely will vary according to the specific hazards involved in each entry. For example, §1910.134, Respiratory Protection, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) wearing respiratory protection while in work areas defined as IDLH atmospheres.
Citation 1 Item 4
Type of Violation: Serious; $10,256
29 CFR 1910.146(g)(1): The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.
At an establishment, in Malt House 6; the employer did not provide training so that all employees whose work is regulated by the permit required confined space standard acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned. Malt House Operator employees were not trained in the duties for authorized entrants, attendants, entry supervisors and affected positions.
Citation 1 Item 1
Type of Violation: Serious; $8,204
29 CFR 1910.22(a)(3): Walking-working surfaces are maintained free of hazards such as sharp or protruding objects, loose boards, corrosion, leaks, spills, snow, and ice.
On or about August 24, 2022, in Malt House 6 on the upper and lower loading decks of the kiln; employees were exposed to fall hazards in the event the kiln tray they were standing on rotated while performing cleaning activities.
Citation 1 Item 2
Type of Violation: Serious; $6,153
29 CFR 1910.22(c): Access and egress. The employer must provide, and ensure each employee uses, a safe means of access and egress to and from walking-working surfaces.
On or about August 24, 2022, in Malt House 6; a safe means of access and egress was not provided at personnel points of access when climbing up and over the concrete walls to get in and out of the upper loading deck of the kiln, exposing employees to fall hazards between 40 and 55 inches.
Citation 1 Item 3
Type of Violation: Serious; $10,256
29 CFR 1910.28(b)(1)(i): Unprotected sides and edges.
(i) Except as provided elsewhere in this section, the employer must ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the following:
(a) On or about August 24, 2022, in Malt House 6 at the Germ Bed Compartment #2, employees were exposed to a fall hazard of 57 inches while walking on the scalloped wall to perform cleaning activities.
(b) On or about July 6, 2022, on the roof level, the exhaust damper for the kiln was open at the top, exposing employees to fall hazards of 130 inches when climbing the fixed ladder to access the heat exchangers.
Citation 1 Item 4
Type of Violation: Serious; $10,256
29 CFR 1910.28(b)(3)(iv): Each employee is protected from falling into a ladderway floor hole or ladderway platform hole by a guardrail system and toe boards erected on all exposed sides, except at the entrance to the hole, where a self-closing gate or an offset must be used.
(a) On or about August 12, 2022, Malt House 6 North Germ Stack; the fixed ladder used to get to the top of the germ stack for cleaning and sanitation activities did not have a self-closing gate exposing employees to fall hazards.
(b) On or about July 6, 2022, in Malt House 6 South Germ Stack; the fixed ladder used to get to the top of the germ stack for cleaning and sanitation activities did not have a self-closing gate exposing employees to fall hazards.
(c) On or about July 5, 2022, the fixed ladder used to access the heat exchanger for cleaning did not have an offset or swing gate exposing employees to fall hazards.
(d) On or about July 5, 2022, the fixed ladder used to access the stainless-steel slots for cleaning did not have an offset or swing gate, exposing employees to fall hazards.
Citation 1 Item 5
Type of Violation: Serious; $10,256
29 CFR 1910.28(b)(13)(iii): When work is performed 15 feet (4.6 m) or more from the roof edge, the employer must follow what is outlined in 29 CFR 1910.28(b)(13)(iii)[A] and [B]:
At the end of July 2022, at an establishment located at 605 Washington Street, in Manitowoc, Wisconsin, on the roof of Spirit Building; employees performed preventative maintenance on the pneumatic blower system without fall protection being utilized, exposing employees to fall hazards.
Citation 1 Item 6
Type of Violation: Serious; $10,256
29 CFR 1910.147(f)(1): Testing or positioning of machines, equipment or components thereof. In situations in which lockout or tagout devices must be temporarily removed from the energy isolating device and the machine or equipment energized to test or position the machine, equipment or component thereof, the following sequence of actions shall be followed as outlined in 29 CFR 1910.147(f)(1)(i) through (v):
On or about October 18, 2022, in Malt House 6 in Germ Bed Compartment #3; during the clearing of a jam and making adjustments, the authorized employee was not provided alternative protective measures during the testing and repositioning when another employee was activating the controls outside the germ bed compartment exposing the authorized employee to
entanglement hazards.
Citation 1 Item 7
Type of Violation: Serious; $10,256
29 CFR 1910.147(f)(3)(ii)(D): Each authorized employee shall affix a personal lockout or tagout device to the group lockout device, group lockbox, or comparable mechanism when he or she begins work, and shall remove those devices when he or she stops working on the machine or equipment being serviced or maintained.
On or about August 24, 2022, in Malt House 6; each employee performing cleaning/shoveling activities in the upper loading deck of the kiln by the leveler did not apply a personal lockout device prior to entering the area to clean the leveler which had been buried with grain, exposing employees to struck by hazards.
Citation 1 Item 8
Type of Violation: Serious
29 CFR 1910.212(a)(1): Types of guarding. One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are-barrier guards, two-hand tripping devices, electronic safety devices, etc.
(a) On or about October 18, 2022, at an establishment located at 605 Washington Street, in Manitowoc, Wisconsin,
in Malt House 6 Upper Deck Kiln; the horizontal screw auger was not guarded exposing employees to
entanglement hazards when stepping on the cylinder, located on the side wall, to monitor the upper loading deck of
the kiln being loaded.
(b) On or about August 24, 2022, at an establishment located at 605 Washington Street, in Manitowoc, Wisconsin,
in Malt House 6 in the Germ Bed Compartment #2; the in-floor auger had inadequate guards at the front of the
germ bed compartment exposing employees to entanglement hazards.
Date By Which Violation Must be Abated: February 02, 2023
Proposed Penalty: $10,256.00
Citation 1 Item 9
Type of Violation: Serious; $10,256
29 CFR 1910.212(a)(2): General requirements for machine guards. Guards shall be affixed to the machine where possible and secured elsewhere if for any reason attachment to the machine is not possible. The guard shall be such that it does not offer an accident hazard in itself.
On or about August 24, 2022, in Malt House 6 in the Germ Bed Compartment #2; at the front of the germ bed, the horizontal auger which fed into the in-floor auger had a hinged guard which was not securely attached allowing access to the rotating auger, exposing employees to entanglement hazards.
Citation 1 Item 10
Type of Violation: Serious; $8,204
29 CFR 1910.242(b): Compressed air used for cleaning. Compressed air shall not be used for cleaning purposes except where reduced to less than 30 p.s.i. and then only with effective chip guarding and personal protective equipment.
On or about August 24, 2022, in Malt House 6 while cleaning Germ Bed Compartment #2, the employee utilized an air nozzle set to greater than 90 pounds per square inch (psi) pressure for cleaning purposes exposing employee to an embolism.
The alleged violations below have been grouped because they involve similar or related hazards that may increase
the potential for injury or illness.
Citation 2 Item 1a
Type of Violation: Repeat – Serious; $20,513
29 CFR 1910.147(c)(4)(i): Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section.
Note: Exception: The employer need not document the required procedure for a particular machine or equipment, when all of the following elements exist: (1) The machine or equipment has no potential for stored or residual energy or reaccumulation of stored energy after shut down which could endanger employees; (2) the machine or equipment has a single energy source which can be readily identified and isolated; (3) the isolation and locking out of that energy source will completely deenergize and deactivate the machine or equipment; (4) the machine or equipment is isolated from that energy source and locked out during servicing or maintenance; (5) a single lockout device will achieve a locker-out condition; (6) the lockout device is under the exclusive control of the authorized employee performing the servicing or maintenance; (7) the servicing or maintenance does not create hazards for other employees; and (8) the employer, in utilizing this exception, has had no accidents involving the unexpected activation or reenergization of the machine or equipment during servicing or maintenance.
On or about August 24, 2022, in Malt House 6; the employer did not develop, document, and utilize energy control procedures for the Germ Bed Compartment #2 when performing the cleaning, sanitation, and washing activities inside each of the germ bed
compartments exposing employees to accidental/inadvertent restart of the equipment.
The company was previously cited for a violation of this occupational safety and health standard which was contained in OSHA inspection number 1282326, citation number 1, item number 3 and was affirmed as a final order on March 21, 2019
Citation 2 Item 1b
Type of Violation: Repeat – Serious
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):
On or about August 24, 2022, in Malt House 6; employees were exposed to machine hazards associated with moving parts when they engaged in cleaning activities on the Germ Bed Compartment #2. The employer did not ensure that employees implemented energy control application steps or equivalent protective measures prior to allowing them to perform cleaning activities around the vertical helix augers and energized in-floor auger. The machine was not deenergized prior to the employee engaging in the servicing / maintenance activity.
As a result, the remaining applicable energy control elements, involving machine isolation [1910.147(d)(3)], lockout/tagout device application [1910.147(d)(4)], dissipation of residual energy [1910(d)(5)(i)], and verification of isolation [1910.147(d)(6)] were not implemented to protect employees from machine hazards.
The company was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1388093, citation number 1 item number 1 and was affirmed as a final order on June 25, 2019.
Citation 2 Item 2
Type of Violation: Repeat – Serious; $20,513
29 CFR 1910.147(c)(6)(i): The employer shall conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirements of this standard are being followed.
Periodic inspections of the energy control procedures were not conducted at least annually to ensure continuity of procedures and proper application as well as assure employees are familiar with their responsibilities.
The company was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1282326, citation number 1, item number 1 and was affirmed as a final order on March 21, 2019.
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