Responding to a report of workers being exposed to anhydrous ammonia, federal investigators found a Madison ice cream plant lacked sufficient process safety management procedures to control the release of hazardous chemicals. Investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration determined the Ice Cream facility failed to document that equipment was being operated consistent with best engineering processes, update processes following audits and respond to changes in the process.
OSHA issued 12 serious citations and proposed $145,097 in penalties. In addition to insufficient process safety procedures, OSHA noted multiple safety and health violations including:
- Lack of lockout/tagout procedures.
- Lack of machine guarding.
- Failing to train workers in lockout/tagout procedures.
- Not having a written hazard communication plan.
- Failing to update the emergency action plan.
- Ladder openings not protected from fall hazards.
Here is the breakdown of the citations:
Citation 1 Item 1
Type of Violation: Serious; $8,929
29 CFR 1910.29(b)(13)(i): The guardrail system opening used around holes that serve as points of access (such as ladderways), did not have a self-closing gate that slides or swings away from the hole, and was equipped with a top rail and midrail or equivalent intermediate member that met the requirements in paragraph (b) of this section: (a):
On or about August 17, 2023, the ladderway openings to access the rooftop condensers did not have self-closing gates that slide or swing away from opening.
Citation 1 Item 2
Type of Violation: Serious; $8,929
29 CFR 1910.38(c)(1): The employer did not develop and implement procedures in their Emergency Action Plan for reporting a fire or other emergencies:
On or about August 17, 2023, the employer did not develop procedures in the Emergency Action Plan for reporting ammonia releases to current emergency coordinators and other management to initiate evacuations or other emergency actions.
Citation 1 Item 3
Type of Violation: Serious; $11,162
29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices.
On or about August 17, 2023, the employer did not document that equipment complies with recognized and generally accepted good engineering practices (RAGAGEP), including the following:
a) The employer did not document that the current ventilation system design complied with RAGAGEP, including IIAR-2, due to the addition of three new screw compressors.
b) The employer did not document that the King Knockout drum complied with RAGAGEP, including IIAR-2) in that it was missing a nameplate/equipment identification.
c) The employer did not document that the alleyway (also a machinery room) complied with RAGAGEP,, including IIAR-2) in that the doors were not self-closing, or equipped with panic hardware.
Citation 1 Item 4
Type of Violation: Serious; $11,162
29 CFR 1910.119(e)(5): The employer did not assure that PHA recommendations were resolved in a timely manner.
On or about August 17, 2023, the employer did not assure that PHA recommendations were resolved in a timely manner, in that the twenty-three of the twenty-four PHA findings from the 2018 PHA were not documented as addressed or resolved.
Citation 1 Item 5
Type of Violation: Serious; $11,162
29 CFR 1910.119(l)(4): Process safety information was not updated when a process change covered by 29 CFR 1910.119(l) occurred:
On or about August 17, 2023, the employer did not update the process safety information including piping and instrument diagrams, when a process change covered by 29 CFR 1910.119(l) occurred, including when Ice Cream Freezer 10 and Ice Cream Freezer 11 were added to the system, including all associated piping, control valves and pressure relief valves.
Citation 1 Item 6
Type of Violation: Serious; $11,162
29 CFR 1910.119(o)(4): The employer did not promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected:
On or about August 17, 2023, the employer did not promptly determine and document an appropriate response to each of the findings of the 2018 compliance audit, nor did they document that deficiencies have been corrected.
Citation 1 Item 7
Type of Violation: Serious; $15,625
29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:
a) On or about November 13, 2023, procedures were not utilized for the control of potentially hazardous energy when employees were disassembling the Powder Horn Machine in the Production/Mix Area to remove a clog.
b) On or about November 13, 2023, procedures were not utilized for the control of potentially hazardous energy when employees performed lubrication maintenance to the chain of the Cartoner-Packaging machine in the Production Area.
c) On or about November 13, 2023, procedures were not utilized for the control of potentially hazardous energy when employees performed disassembly and reassembly of the Line 1 “Mini-Cone” Machine for sanitation in the Production Area.
Citation 1 Item 8
Type of Violation: Serious; $11,162
29 CFR 1910.147(c)(6)(i): The employer did not conduct an annual or more frequent inspection of the energy control procedure to ensure that the procedure and requirements of this standard were followed:
On or about November 13, 2023, the employer did not conduct an annual or more frequent inspection of the energy control procedures to ensure that the procedure and the requirements of this standard were followed when employees performed servicing or maintenance on the Powder Horn Machine in the Production/Mix Area.
Citation 1 Item 9
Type of Violation: Serious; $15,625
29 CFR 1910.147(c)(7)(i)(A):Authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation:
a) On or about November 13, 2023, authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation of the Powder Horn Machine in the Production/Mix Area.
b) On or about November 13, 2023, authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation of the Cartoner-Packaging machine in the Production Area.
c) On or about November 13, 2023, authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation of the Line 1 “Mini-Cone” Machine for sanitation in the Production Area.
Citation 1 Item 10
Type of Violation: Serious; $15,625
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):
a) On or about November 13, 2023, authorized employee(s) performing maintenance on the Powder Horn Machine in the Production/Mix Area did not affix a lockout device to the energy isolating device prior to disassembling the machine to remove a clog.
b) On or about November 13, 2023, authorized employee(s) performing servicing on the Cartoner-Packaging machine in the Production Area did not isolate the energy sources and affix a lockout device to the energy isolating devices prior to lubricating a chain on the machine.
c) On or about November 13, 2023, authorized employee(s) performing maintenance on the Line 1 “Mini-Cone” Machine did not affix a lockout device to the energy isolating devices prior to disassembling the machine for sanitation.
Citation 1 Item 11
Type of Violation: Serious; $15,625
29 CFR 1910.212(a)(1): One or more methods of machine guarding was not 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:
On or about November 13, 2023, one or more methods of machine guarding was not provided to protect the operator and other employees in the area of the Line 3 “Gemini” machine area from hazards such as those created by point of operation, ingoing nip points, and rotating parts.
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 12a
Type of Violation: Serious; $8,929
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:
On or about August 17, 2023, the employer did not have a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met, to protect employees from exposures to hazardous chemicals, including anhydrous ammonia.
Citation 1 Item 12b
Type of Violation: Serious; $0.00
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:
On or about August 17, 2023, the employer did not provide employees effective information and training on hazardous chemicals in their work area, including anhydrous ammonia, 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.
CLICK HERE for the Citations