At 1:00 a.m. on October 23, 2022, an employee climbed into a barley germination tank at a malt manufacturing facility. The turning auger arm inside of the tank was not working so the employee climbed into the tank using a portable ladder. The employee intended to shovel some wet germinating grain away from the vertical helixes to help troubleshoot why the turning arm was not functioning. A coworker in maintenance witnessed the employee entering the tank. The employee started shoveling grain when he told the coworker that he could not breathe.
Shortly after this, the coworker noticed that the employee had lost consciousness and fallen into the grain. The coworker used the employee’s mobile phone to call 911, but cellular signal reception was bad so contact with emergency responders was delayed. The employee was killed by unknown causes.
| Violations/Penalties | Serious | Willful | Repeat | Other | Total |
|---|---|---|---|---|---|
| Initial Violations | 8 | 8 | |||
| Current Violations | 8 | 8 | |||
| Initial Penalty | $87,501 | $0 | $0 | $0 | $87,501 |
| Current Penalty | $87,501 | $0 | $0 | $0 | $87,501 |
| # | Citation ID | Citation Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | Contest | Latest Event |
|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 19100022 A02 – | 04/21/2023 | 05/17/2023 | $6,250 | $6,250 | Z – Issued | |
| 2. | 01002A | Serious |
19100146 D02 – Identify and evaluate the hazards of permit spaces before employees enter them |
04/21/2023 | 05/17/2023 | $15,625 | $15,625 | Z – Issued | |
| 3. | 01002B | Serious |
19100134 D01 III – The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant’s chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH. |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 4. | 01003A | Serious |
19100146 D03 – Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following: |
04/21/2023 | 05/17/2023 | $15,625 | $15,625 | Z – Issued | |
| 5. | 01003B | Serious |
19100146 D04 III – Communications equipment necessary for compliance with paragraphs (h)(3) and (i)(5) of this section; |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 6. | 01003C | Serious |
19100146 D04 VII – Rescue and emergency equipment needed to comply with paragraph (d)(9) of this section, except to the extent that the equipment is provided by rescue services; and |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 7. | 01003D | Serious |
19100146 D06 – Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 8. | 01003E | Serious |
19100146 D13 – Review entry operations when the employer has reason to believe that the measures taken under the permit space program may not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 9. | 01004A | Serious |
19100146 J04 – Verifies that rescue services are available and that the means for summoning them are operable; |
04/21/2023 | 05/17/2023 | $10,938 | $10,938 | Z – Issued | |
| 10. | 01004B | Serious |
19100146 K01 IV – Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 11. | 01004C | Serious |
19100146 K01 V – Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 12. | 01005A | Serious |
19100147 C04 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. |
04/21/2023 | 05/17/2023 | $7,813 | $7,813 | Z – Issued | |
| 13. | 01005B | Serious |
19100147 C04 II – The procedures shall clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, the following: |
04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 14. | 01005C | Serious | 19100333 A01 | 04/21/2023 | 05/17/2023 | $0 | $0 | Z – Issued | |
| 15. | 01006 | Serious | 19100212 A01 | 04/21/2023 | 05/17/2023 | $10,938 | $10,938 | Z – Issued | |
| 16. | 01007 | Serious | 19100272 J02 II | 04/21/2023 | 05/17/2023 | $4,687 | $4,687 | Z – Issued | |
| 17. | 01008 | Serious | 19101200 H03 | 04/21/2023 | 05/17/2023 | $15,625 | $15,625 | Z – Issued |
Source: https://www.osha.gov/ords/imis/establishment.inspection_detail?id=1629900.015

