An employee at a food manufacturing plant was instructed to enter and clean the insides of a 3,000-gallon tank containing vinegar on Sept. 28, 2015. Once inside, he was overcome by acetic acid vapors created by the vinegar in the tank. He was rescued but was hospitalized for five days. An OSHA inspection found that the plant lacked numerous safeguards required to protect employees whose work require them to enter confined spaces, such as the vinegar tank. Here is a breakdown of the citations:
Citation 1 Item 1
Type of Violation: Serious; $2,800
29 CFR 1910.133(a)(1): Protective eye equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment:
a) Throughout the facility, on or about 11/12/15: Employees using sodium hypochlorite solution were not provided with suitable eye protection including, but not limited to splash goggles.
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; $2,800
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) Production area, on or about 9/28/15: A written respirator program was not developed and implemented for employees using air purifying respirators while entering vinegar tanks.
Citation 1 Item 2b
Type of Violation: Serious; Grouped
29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:
a) Production area, on or about 9/28/15: A cider vinegar tank was entered by an employee wearing a half face air purifying respirator, inappropriate for entry into a tank with an unknown atmosphere.
Citation 1 Item 2c
Type of Violation: Serious; Grouped
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) Production area, on or about 9/28/15: Medical evaluations for respirator use were not provided for employees using air purifying respirators while working around or entering into vinegar tanks.
Citation 1 Item 2d
Type of Violation: Serious; Grouped
29 CFR 1910.134(k)(3): Training was not provided prior to requiring employees to use a respirator in the workplace:
a) Production area, on or about 9/28/15: Training on respirators was not provided for employees using air purifying respirators while working around or entering into vinegar tanks.
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; $2,800
29 CFR 1910.146(c)(2): The employer did not 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:
a) Throughout the facility, on or about 9/28/15: Danger signs were not posted on 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation 1 Item 3b
Type of Violation: Serious; Grouped
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) Throughout the facility, on or about 9/28/15: The employer did not implement measures to prevent unauthorized entry into permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation 1 Item 3c
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:
a) Throughout the facility, on or about 9/28/15: The employer did not identify hazards encountered upon entry into permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar. Hazards include but are not limited to atmospheric hazards such as oxygen deficiency and exposure to acetic acid vapors.
Citation 1 Item 3d
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, including but not limited to, identification of safe entry conditions, procedures for elimination atmospheric hazards and verification that conditions are acceptable before and during entry.
a) Throughout the facility, on or about 9/28/15: The employer did not develop and implement procedures and practices to verify and maintain safe entry conditions during entry into permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation 1 Item 3e
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(4): The employer did not provide the equipment specified in paragraphs (d)(4)(i)(d)(4)(ix) of this section at no cost to employees, did not maintain that equipment properly, and/or did not ensure that employees use that equipment properly.
a) Throughout the facility, on or about 9/28/15: The employer did not provide and ensure employee use of equipment for safe entry into permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar. Equipment not provided included, but was not limited to, air monitoring equipment, ventilating equipment and rescue equipment.
Citation 1 Item 3f
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(6): Under the permit-required confined space program required by 29 CFR 1910 .146(c)(4), the employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:
a) Throughout the facility, on or about 9/28/15: The employer did not ensure trained and authorized attendants were present for the duration of entry into permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation 1 Item 3g
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(8): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not designate the persons who were to have active roles in entry operations, identify the duties of each such employee, and did not train then in paragraph (g) of this section:
a) Throughout the facility, on or about 9/28/15: The employer did not designate or provide training to employees with responsibilities for entry into permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation 1 Item 3h
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized entry.
a) Throughout the facility, on or about 9/28/15: The employer did not evaluate prospective rescuers ability to perform permit required confined spaces rescues from spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
b) Throughout the facility, on or about 9/28/15: The employer did not develop a system to provide for non- entry rescues by attendants equipped with suitable equipment such as harnesses, life lines and retrieval devices from permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
c) Throughout the facility, on or about 9/28/15: The employer did not develop a system for preventing unauthorized employees from entering permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation 1 Item 3i
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(10): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by 29 CFR 1910.146(e):
a) Throughout the facility, on or about 9/28/15: The employer did not document initial entry conditions and that appropriate conditions were maintained throughout entry into permit required confined spaces including, but not limited to, 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation I Item 3j
Type of Violation: Serious; Grouped
29 CFR 191O.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:
a) Throughout the facility, on or about 9/28/15: The employer did not train employees that enter 3000 gallon cider vinegar, red wine vinegar and distilled white vinegar tanks on the hazards of entry into permit required confined spaces.
Citation 1 Item 3k
Type of Violation: Serious; Grouped
29 CFR 1910.146(1)(1): Employers shall consult with affected employees and their authorized representatives on the development and implementation of all aspects of the permit space program required by paragraph (c) of this section.
a) Throughout the facility, on or about 9/28/15: The employer did not consult with employees involved with entry into permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
Citation 1 Item 4
Type of Violation: Serious; $1,600
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) Throughout the facility, on or about 11/12/15: A program was not developed to protect against unexpected energizing, startup or release of stored energy for machinery including, but not limited to, heat sealers and fill stations. Energy control procedures were not written, training was not performed and lockout devices were not available.
Citation 1 Item 5
Type of Violation: Serious; $2,800
29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:
a) Throughout the facility, on or about 11/12/15: An eyewash was not provided for employees using sodium hypochlorite solution dispensed from 55 gallon drums.
Citation 1 Item 6
Type of Violation: Serious; $1,600
29 CFR 191O.176(b): Storage of material created a hazard:
a) Production area, on or about 11/12/15: Material on shelving in loft was not stored in a manner to protect against the hazard of objects falling on employees working below.
Citation 1 Item 7
Type of Violation: Serious; $1,600
29 CFR 1910.178(l)(1)(ii): The employer did not ensure that each operator had successfully completed the training required by paragraph (l), except as permitted by paragraph (1)(5), prior to permitting an employee to operate a powered industrial truck:
a) Throughout the facility, on or about 9/29/15: Training was not provided for employees operating propane powered fork lifts, including the Clark GCX20 truck with 4000 lb. capacity.
Citation 1 Item 8
Type of Violation: Serious; $1,600
29 CFR 1910.212(a)(5): Fan blade guard(s) were not provided where the periphery of the blades was less than seven feet from the floor or working level:
a) Work area containing freezer, on or about 11/12/15: Guarding was not provided for fan blades 5 feet, 2 inches from the ground in a walk-in freezer.
Citation 1 Item 9
Type of Violation: Serious; $1,600
29 CFR 1910.303(f): Each disconnecting means for motors and appliances was not located and arranged so the purpose was evident, nor legibly marked to indicate its purpose:
a) Panel box# 1, on or about 11/12/15: Circuit breakers were not labeled including those for circuit breakers 3-7, 9-11, 13, 16, and 18-31.
b) Panel box# 2, on or about 11/12/15: Circuit breakers were not labeled including those for circuit breakers 1- 4, 6 – 18, 20 – 22, 24, 26 -28, 31, 33 and 36-39.
c) Panel box# 3, on or about 11/12/15: Circuit breakers were not labeled including those for circuit breakers for 3- 7, 9, 12, 14, 15 -19, 22 – 24 and 26.
d) Panel box # 5 in production area, on or about 11/12/15: Circuit breakers were not labeled including circuit breakers for 2, 4, 6, 11, 22, and 25 -28.
Citation 1 Item 10
Type of Violation: Serious; $1,600
29 CFR 1910.304(g)(5): The path to ground from circuits, equipment, and enclosures was not permanent, continuous, and effective:
a) Production area, on or about 11/12/15: A ground pin was missing from the electrical plug for stand-up fan on the fill end of the production line.
b) Production area, on or about 11/12/15: A ground pin was missing from the electrical plug for stand-up fan on the heat treat end of the production line.
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 11a
Type of Violation: Serious; $2,800
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(t), (g), and (h) will be met:
a) Throughout the facility, on or about 11/12/15: A hazard communication program was not developed and implemented for employees working with hazardous chemicals including, but not limited to, sodium hypochlorite solution dispensed from 55 gallon drums, cider vinegar and degreasers.
Citation 1 Item 11b
Type of Violation: Serious
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) Throughout the facility, on or about 11/12/15: Information and training was not provided to employees on hazardous chemicals in the workplace including, but not limited to, sodium hypochlorite solution dispensed from 55 gallon drums, cider vinegar and degreasers.
Citation 2 Item 1
Type of Violation: Willful; $56,000
29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:
a) Throughout the facility, on or about 9/28/15: The employer did not evaluate the workplace for the presence of permit required confined spaces including but not limited to 3000 gallon tanks containing cider vinegar, distilled white vinegar and red wine vinegar.
CLICK HERE (pdf) for the official citations.
