A 51-year-old worker was fatally injured when he became engulfed in flowing grain in a railcar load-out elevator. On March 15, 2014, the incident occurred when the worker attempted to remove a jam from a chute while the auger operated. OSHA has cited the company for one willful, two repeat and eight serious safety violations, many involving OSHA’s grain handling, permit-required confined space and fall protection safety regulations. OSHA’s inspection found that management allowed employees inside the grain bin while the auger and conveyor systems operated, despite a comprehensive safety and health program in place that outlined how to keep workers safe in the grain bin. This resulted in a willful violation issued. The company failed to complete a confined space entry permit before allowing workers to enter grain bins and to provide fall protection for workers exposed to falls of up to 60 feet while performing work activities around an unguarded floor opening in the main elevator shaft. Here is a breakdown of the citations:
Citation 1 Item 1
Type of Violation: Serious; $5,390
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 March 20, 2014, and at times prior to that date, for employees exposed to fall hazards of approximately 15 feet where the top of grain hopper railcars were accessed to open hatch covers for product loading at the railcar load out elevator
Citation 1 Item 2
Type of Violation: Serious; $5,390
29 CFR 1910.146(d)(5)(i): The employer failed to test or adequately test conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin:
(a) On or about March 20, 2014, and at times prior to that date, for employees exposed to potential health and/or physical hazards where the main elevator boot pit was entered for cleaning and other maintenance activities
Citation 1 Item 3A
Type of Violation: Serious; $3,850
29 CFR 1910.219(d)(l): Pulleys with parts seven feet or less from the floor or work platform were not guarded:
(a) On or about March 20, 2014, and at times prior to that date, for employees exposed to caught-in hazards while operating and working around the corn cracking machine at the main elevator
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to caught-in hazards while operating and working around the grain cleaning machine at the main elevator
Citation 1 Item 3B
Type of Violation: Serious
29 CFR 1910.219(e)(3)(i): Vertical or inclined belt(s) were not enclosed by guard(s) conforming to the requirements specified at 29 CFR 1910.219(m) and (o):
(a) On or about March 20, 2014, and at times prior to that date, for employees exposed to caught-in hazards
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to caught-in hazards while operating and working around the grain cleaning machine at the main elevator
Citation 1 Item 4
Type of Violation: Serious; $5,390
29 CFR 1910.272(g)(1)(iii): The atmosphere within a bin, silo, or tank in the grain handling facility was not tested for the presence of combustible gases, vapors, and toxic agents prior to employee entry:
(a) On or about March 15, 2014, and at times prior to that date, for employees exposed to health and/or physical hazards where grain storage bins were entered for cleaning and other maintenance activities at the railcar load out elevator
Citation 1 Item 5
Type of Violation: Serious; $5,390
29 CFR 1910.272(g)(2): The employer did not equip employee(s) walking or standing on grain stored at depths which poses an engulfment hazard with a body harness with lifeline or a boatswain’s chair:
(a) On or about March 15, 2014, for the employee who was engulfed in soybeans approximately 12 feet deep while unclogging a floor chute in the east 400k grain bin at the railcar load out elevator
Citation 1 Item 6A
Type of Violation: Serious; $5,390
29 CFR 1910.272(j)(1): The employer did not develop and implement a written housekeeping program that established the frequency and the method determined best to reduce accumulations of fugitive grain dust on ledges, floors, equipment, and other exposed surfaces:
(a) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards while performing work activities in the main elevator where dust accumulations on ledges, equipment, and other exposed secondary surfaces in the boot pit were in excess of 1/8-inch in depth
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards while performing work activities in the main elevator where dust accumulations on ledges, equipment, and other exposed secondary surfaces on the elevator main floor level were in excess of 1/8-inch in depth
(c) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards while performing work activities in the main elevator where dust accumulations on ledges, equipment, and other exposed secondary surfaces in the head house were in excess of 1/8-inch in depth
Citation 1 Item 6B
Type of Violation: Serious
29 CPR 1910.272(j)(2)(ii): The employer did not immediately remove any fugitive grain dust accumulations whenever they exceeded 1/8-inch (.32cm) at priority housekeeping areas, pursuant to the housekeeping program for grain elevators:
(a) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards while performing work activities in priority areas in the main elevator where dust accumulations on the floor in the boot pit were in excess of 1/8-inch in depth
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards while performing work activities in priority areas in the main elevator where dust accumulations along floor edges and under/around equipment were up to 5 inches in depth
(c) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards while performing work activities in priority areas in the main elevator where dust accumulations on the floor in the head house were up to l¼ inches in depth
Citation 1 Item 7
Type of Violation: Serious; $3,850
29 CFR 1910.272(o)(1): The employer did not provide at least two means of emergency escape from galleries (bin decks) in the grain handling facility:
(a) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire related hazards while performing work activities on top of the exterior bins at the main elevator
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire related hazards while performing work activities on top of the exterior bins at the railcar load out elevator
Citation I Item 8
Type of Violation: Serious; $5,390
29 CFR 1910.307(c)(2)(i): Equipment used in the hazardous (classified) location was not approved for the ignitable or combustible properties of the dust that was present:
(a) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards where a shop-built vacuum with exposed wiring was operated in the main elevator
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards where. a modified general service extension cord was used during cleaning activities in the main elevator
(c) On or about March 20, 2014, and at times prior to that date, for employees exposed to fire and/or explosion hazards where a corn cracking machine was operated in the main elevator and the electrical conduit leading out of the junction box was broken
Citation 2 Item 1
Type of Violation: Willful; $61,600
29 CFR 1910.272(g)(1)(ii): Prior to entry, all mechanical, electrical, hydraulic, and pneumatic equipment which presented a danger to employees inside grain storage structures in the grain handling facility were not disconnected, locked out and tagged, blocked-off, or otherwise preventing operation by other equally effective means:
(a) On or about March 15, 2014, and at times prior to that date, for employees exposed to caught-in and/or amputation hazards where grain storage bins were entered while the bin sweep auger was operated at the railcar load out elevator
(b) On or about March 15, 2014, and at times prior to that date, for employees exposed to caught-in and/or amputation hazards where grain storage bins were entered while the bin conveying auger was operated at the railcar load out elevator
Citation 3 Item 1
Type of Violation: Repeat; $7,700
29 CFR 1910.23(a)(8): Every floor hole into which persons can accidentally walk was not guarded:
(a) On or about March 15, 2014, and at times prior to that date, for employees exposed to trip hazards while sweeping out bins during cleanout operations with the conveyor chutes being uncovered at the railcar load out elevator
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to an approximate 60-foot fall hazard while performing work activities around a floor hole opening around the man lift shaft on the bin floor at the main elevator
Note: This company was previously cited for a violation of this Occupational Safety and Health standard or its equivalent standard which was contained in OSHA Inspection Number 314777830, Citation 2, Item 1, and was affirmed as a final order on April 1, 2011
Citation 3 Item 2
Type of Violation: Repeat; $10,780
29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
(a) On or about March 20, 2014, and a~ times prior to that date, for employees exposed to potential health and/or physical hazards where the main elevator boot pit was entered for cleaning and other maintenance activities
Citation 4 Item 1
Type of Violation: Other-than-Serious; $0.00
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 March 20, 2014, and at times prior to that date, for employees exposed to potential respiratory hazards with potential overexposure to grain dust while conducting grain elevator work activities
(b) On or about March 20, 2014, and at times prior to that date, for employees exposed to potential respiratory hazards with potential overexposure to grain dust while conducting grain elevator work activities
Citation 4 Item 2
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.272(m)(3): A certification record maintained of each inspection by the employer in the grain facility was not in accordance with 29 CFR 1910.272(1):
(a) On or about March 20, 2014, and at times prior to that date, where the employer failed to document preventative maintenance activities
(b) On or about March 20, 2014, and at times prior to that date, where the employer failed to document preventative maintenance activities
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