STATE OF WASHINGTON. DEPARTMENT OF LABOR AND INDUSTRIES Division of Occupational Safety and Health PO Box Olympia, Washington

Transcription

1 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES Division of Occupational Safety and Health PO Box Olympia, Washington May 24, 2016 OSHA #: OREGON POTATO COMPANY UBI: WASHINGTON POTATO COMPANY Region: 5-Safety Po Box 2248 Inspector ID: Q7481 Warden, WA Reference: Dear Employer: Enclosed are the results of the safety and health inspection of your workplace. This packet contains: Citation Invoice The total assessed penalty is $213, Washington Administrative Code (WAC) Violations. Employer Certification of Abatement instruction and form - Correct all violations and return written verification or additional penalties may result. Employer Appeal Rights You have 15 working days to appeal this citation. You must immediately post this at or near where the violation(s) occurred, where employees can easily find and read it, or where employees normally receive posted information. All postings must remain until you have corrected all violations, or for three working days, whichever is longer. Working day means a calendar day, except Saturdays, Sundays and all legal state holidays. Because this inspection is public information, the result will be posted online 30 days after the above date by the Department of Labor & Industries. You may view it at If you have questions, call the compliance supervisor, Steven Yunker, at (509) Respectfully, Anne F. Soiza Anne F. Soiza L&I Assistant Director Division of Occupational Safety & Health Enclosure(s)

2 Invoice UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY Opening Conference: December 3, 2015 DBA Name: WASHINGTON POTATO COMPANY Closing Conference: April 28, 2016 Inspection Site: st Ave W, Warden, WA, Inspector ID: Summary of Assessed Penalties Due The includes a full description of each violation. Q7481 Violation Item Violation Type WAC Correction Due Date Penalty Amount 1-1 Repeat Serious WAC /11/2016 $14, Repeat Serious WAC (1)(h) Corrected $14, Repeat Serious WAC /11/2016 $10, Repeat Serious WAC (1) Corrected $14, Repeat Serious WAC Corrected $56, Serious WAC /11/2016 $7, Serious WAC (1) 6/11/2016 $7, Serious WAC (2) 6/11/2016 $7, Serious WAC /11/2016 $7, Serious WAC /11/2016 $7, Serious WAC /11/2016 $7, Serious WAC Not Applicable $7, Serious WAC /11/2016 $7, Serious WAC (1) 6/11/2016 $7, Serious WAC /11/2016 $7, Serious WAC /11/2016 $7, Serious WAC /11/2016 $7, Serious WAC /11/2016 $7, Serious WAC (1) Corrected $7, Serious WAC /11/2016 $5, Repeat General WAC /11/2016 $ Repeat General WAC (2) Corrected $ Repeat General WAC (1) Corrected $ Total Penalty Due $213,

3 P A Y M E N T I N F O R M A T I O N Payment is due 15 working days from receipt of this citation. Make check payable to the Department of Labor and Industries. Write Inspection number on the check and mail to: Attn: DOSH Cashier Department of Labor and Industries PO Box Olympia, WA Or deliver to: Any L&I office 2

4 UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY Opening Conference: December 3, 2015 DBA Name: WASHINGTON POTATO COMPANY Closing Conference: April 28, 2016 Inspection st Ave W Warden, WA Inspector ID: Q7481 Site: Severe Violator Enforcement Program Message This employer has been identified as a Severe Violator Enforcement case under the Labor & Industries Division of Occupational Safety & Health's (DOSH), Severe Violator Enforcement Program (SVEP). Your company will be subject to follow-up inspections to determine if the conditions cited here still exist in the future. Follow-up inspections of this company will continue at a heightened level until the Department is satisfied that the conditions no longer exist. This case has been sent to the Occupational Safety & Health Administration's (OSHA). For further information, please refer to DOSH Directive 2.68 and OSHA Instruction CPL

5 Violation 1 Item 1 WAC Violation Type: Repeat Serious The employer did not safe guard 2 shafts that protruded more than half the diameter of the shaft. This can expose employees to entanglement hazards that can result in lacerations, broken bones, partial or permanent disability. Instances: 1. Safe line Power Phase Pro packer. 2. Potato Piler in bay one of the raw receiving. The violation above is cited as a repeat of Violation #2, Item #2, cited on Corrective Notice of Redetermination # issued on 3/23/2015. You must provide proof of correction by the correction date shown below. Failure to meet this date may result in penalties. The following additional correction documentation is required for this violation: Please provide a photo of the shafts either guarded or cut. Assessed penalty: $14, Violation 1 Item 2 WAC (1)(h) Violation Type: Repeat Serious Employer did not ensure that a 6 foot Aluminum A-Frame ladder that had broken feet was removed from service. Two employees continued using the damaged ladder for two months. Ladders that have broken feet do not provide a level placement of the ladder. This can result in employees falling from the ladder resulting in broken bones or death. The violation above is cited as a repeat of Violation #3, Item #1, cited on Corrective Notice of Redetermination # issued on 3/23/15. This violation was corrected during the inspection. Assessed penalty: $14,

6 Violation 1 Item 3 WAC Violation Type: Repeat Serious The employer did not ensure that a belt and pulley drive was properly guarded. The pulley and belt drive that powers the waste pump in the 10 foot deep pit was not properly guarded. Employees are exposed to coming in contact with the unguarded belt and pulley. This exposes employees to serious injuries that could result in cuts or broken bones. When the original citation is the final order: The violation above is cited as a repeat of Violation #2, Item #4, cited on Citation and Notice # issued on 12/29/2014. The following additional correction documentation is required for this violation: Please send a photo of the belt and pulley properly guarded. Assessed penalty: $10, Violation 1 Item 4 WAC (1) Violation Type: Repeat Serious The employer did not ensure that the 15 foot deep waste water well was covered to prevent employees from tripping and falling into the uncovered opening. This exposes employees to possible drowning hazards resulting in death. When the original citation is the final order: The violation above is cited as a repeat of Violation #2, Item #8, cited on Citation and Notice # issued on 12/29/2014. The following additional correction documentation is required for this violation: Please send a photo of the covered floor hole. This violation was corrected during the inspection. Assessed penalty: $14,

7 Violation 1 Item 5 WAC Violation Type: Repeat Serious The employer did not ensure that energy control procedures were used to protect employees servicing or maintaining machines and equipment from potentially hazardous energy. Employees were exposed to serious injury that could result in permanently disabling or fatal injuries while servicing Drum #2 auger. When the original citation is the final order: The violation above is cited as a repeat of Violation #1, Item #1, cited on Citation and Notice # issued on 04/10/2013. The violation above is cited as a repeat of Violation #1, Item #1, cited on Citation and Notice # issued on 12/29/2014. The violation above is cited as a repeat of Violation #1, Item #1, cited on Citation and Notice # issued on 10/29/2015. The following additional correction documentation is required for this violation: *****EMPLOYER NOTE ****** Employer ensure that employees that service and maintain equipment have LOTO procedures accessible to them. Please send a copy of that training to: Attn: Javier Valdez Department of Labor and Industries 3001 West Broadway Moses Lake, WA This violation was corrected during the inspection. Assessed penalty: $56,

8 Violation 2 Item 1 WAC Employer did not identify six waste water pits, vaults, boilers or other areas located in the main plant and outside as permit required confined space areas. Employees were exposed to potential hazardous spaces that have the potential to contain a hazardous atmosphere, such as reduced oxygen. This can result in serious injuries or death. The following additional correction documentation is required for this violation: Employer must create a confined space program and identify all permit required confined spaces. Attn: Javier Valdez Department of Labor and Industries 3001 West Broadway Moses Lake, WA Violation 2 Item 2 WAC (1) Employer did not ensure that the waste water pit located on the northeast corner of the main plant was posted with signs informing employees that the waste water area was a "Danger-Permit Required Confined Space, DO NOT ENTER" If an employee were to enter the PRCS with a decreased level of oxygen he could die. 7

9 Violation 2 Item 3 WAC (2) The employer did not ensure employee access to permit-required confined spaces was controlled. The employer did not restrict employees from accessing the Waste Water Mechanical Pit. The employees were exposed to a potential low oxygen level atmosphere. Without restricting access to and informing employees of permit required confined spaces and their associated hazards, employees entering permit required confined spaces could suffer injuries resulting in a permanent severe disability or death. Violation 2 Item 4 WAC The employer did not provide training to employees involved in permit-required confined space activities. Employees entered Permit-required Confined Spaces, such as the waste water pump area without being trained and having the understanding, knowledge and skills necessary to safely perform assigned duties. This can result in being exposed to hazardous atmosphere, such as reduced oxygen exposing employees to serious injuries or death. The following additional correction documentation is required for this violation: The employer must provide written documentation of employee training on PRCS. Attn: Javier Valdez Department of Labor and Industries 3001 West Broadway Moses Lake, WA

10 Violation 2 Item 5 WAC The employer did not ensure adequate training was provided to each employee involved in permit-required confined space activities, so they acquired the understanding, knowledge and skills necessary to safely perform assigned duties. Upon inspection, it was determined employees had not been provided adequate confined space/permit required confined space training. The employees were not able to identify the pits as a confined space or associated hazards and required entry procedures. The employees were unaware the Waste water pits were permit required confined spaces. The employees were exposed to a potential atmosphere hazard. Without adequate confined space/permit required confined space training, including safe entry procedures and identification and means of control for associated hazards, employees could suffer injuries resulting in a permanent severe disability or death. 9

11 Violation 2 Item 6 WAC The employer did not implement procedures for confined space entry permits that would identify and evaluate, before employees enter, potential hazards from: The permit-required confined space; and The work to be performed. Employees entering permit required confined spaces improperly may lead to serious injury or death from hazardous atmospheres hazards. The following additional correction documentation is required for this violation: Employer must create a confined space program and develop a list that identifies all permit required confined spaces. Please send your program for review to: Attn: Javier Valdez Department of Labor and Industries 3001 West Broadway Moses Lake, WA

12 Violation 2 Item 7 WAC The employer did not provide, maintain, and use proper equipment for permit-required confined spaces at the Waste water pump vault (pit). There was no air monitoring and testing equipment, ventilation equipment, lighting equipment, or rescue and emergency equipment. Employees enter the pit; a permit required confined space, to conduct maintenance. Employees may experience serious injuries or death from lack of oxygen. Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties. Violation 2 Item 8 WAC The employer did not evaluate and control hazards for safe entry to permit-required confined spaces at the waste water pump pit. Employees enter the pit, a permit required confined space, to conduct maintenance. Employees may experience serious injuries or death from lack of oxygen. 11

13 Violation 2 Item 9 WAC (1) The employer did not establish procedures for safe entry to permit-required confined spaces at the waste water pump vault (Pit). * Contacting rescue and emergency services. * Rescuing entrants from permit-required confined spaces. * Providing necessary emergency services to rescued entrants. * Preventing unauthorized persons from attempting a rescue: Employees enter the Pit; a permit required confined space, to conduct maintenance. Employees may experience serious injuries or death from lack of oxygen. Violation 2 Item 10 WAC The employer did not communicate confined space information or requirements when contracting with Specialty Welding prior to having them work in a confined space to weld a motor mount. This exposes contractor employees to potentially hazardous atmosphere and the risk of serious injuries or death. The following additional correction documentation is required for this violation: Employer must create a Confined Space Program and submit it for review. 12

14 Violation 2 Item 11 WAC Employer did not develop a complete written permit required confined space program, that includes all of the following, before employees entered permit-required confined spaces: Documentation of permit entry procedures. Documentation used for alternate entry procedures. How to reclassify permit-required confined spaces to non-permit spaces. Designation of employee roles, such as entrants, attendants, entry supervisors, rescuers, or those who test or monitor the atmosphere in a permit-required space. Identification of designated employee duties. Training employees on their designated roles. How to identify and evaluate hazards. Use and maintenance of equipment. How to prevent unauthorized entry. How to coordinate entry with another employer. How to rescue entrants. Without detailed, written information, employees are at risk of serious injury or death due to improperly or unsafely entering permit-required confined spaces which may contain low oxygen, hazardous atmospheres, or energized moving parts. The following additional correction documentation is required for this violation: Please submit a copy of your Confined Space Program for review to: Attn: Javier Valdez Department of Labor and Industries 3001 West Broadway Moses Lake, WA FAX: valj235@lni.wa.gov 13

15 Violation 2 Item 12 WAC The employer did not establish a written energy control program to protect employees that service or maintain machines or equipment from injuries caused by equipment being started up or the release of stored energy. This exposes employees to serious injuries that could result in severe cuts, broken bones, amputations or death. The following additional correction documentation is required for this violation: Employer must create a written LOTO program. Please send in a copy of your LOTO Program for review to: Attn: Javier Valdez Department of Labor and Industries 3001 West Broadway Moses Lake, WA

16 Violation 2 Item 13 WAC The employer did not ensure that a hazard assessment was done to determine what Personal Protective Equipment (PPE) was needed to work on top of waste water pits and boilers. Employees are exposed to falling to a lower level. A falls of 10, and 12 feet to the concrete floor below can result in serious injuries or death. The following additional correction documentation is required for this violation: Please send a copy of your PPE Hazard Assessment for the pits, boilers for review to: Attn: Javier Valdez Department of Labor and Industries 3001 West Broadway Moses Lake, WA Violation 2 Item 14 WAC (1) The employer did not ensure that two open sided floor instances were guarded with a standard railing to prevent employees from falling to a lower level. A fall of 8 to 15 feet can result in broken bones or death. Instances 1. Second level of the stairs to the overhead HVAC platform. 2. Overhead storage in the maintenance shop. This violation was corrected during the inspection. 15

17 Violation 2 Item 15 WAC The employer did not ensure that the floor grating in the raw receiving bay and the floor in the Flake packaging area where employees walk was free of tripping and slipping hazards. This exposed employees to slips, trips and fall hazards and the risk of injury which may result in permanent impairment of a limited or less severe nature. Assessed penalty: $5, Violation 3 Item 1 WAC Violation Type: Repeat General The employer did not ensure that the electrical fittings, boxes, cabinets that house the electrical wiring were protected with a face plate to prevent accidental contact with exposed electrical leads. The violation above is cited as a repeat of Violation #3, Item #5, cited on Citation and Notice # issued on 12/29/2014. The following additional correction documentation is required for this violation: Please provide photographic evidence of correction. Assessed penalty: $

18 Violation 3 Item 2 WAC (2) Violation Type: Repeat General The employer did not ensure that the yellow extension plugged into the power cord to the product weight scale was in good working condition. The violation above is cited as a repeat of Violation #3, Item #3, cited on Citation and Notice # issued on 12/29/2014. This violation was corrected during the inspection. Assessed penalty: $ Violation 3 Item 3 WAC (1) Violation Type: Repeat General The employer did not ensure that a visual inspection was done on the power cord to the product weight scale to ensure it was in good condition. The violation above is cited as a repeat of Violation #3, Item #3, cited on Citation and Notice # issued on 12/29/2014. This violation was corrected during the inspection. Assessed penalty: $

19 Employer Certification of Abatement Instructions What you must do now: Check the correction due date(s) shown on the enclosed Employer Certification of Abatement Form. You must fully correct the hazards by these dates. Describe on the form how you corrected each hazard, rather than what you intend to do in the future. Examples: Right: All staff have received the required training. Wrong: All staff will receive the required training next week. Use attachments if you need more space. Submit additional documentation of hazard correction if requested in the citation packet. Fill in the date you corrected the hazard and sign. Post a copy of the completed form for at least three working days, or until you have corrected all violations, whichever is longer. It must be posted near the hazard location or in a place that is readily accessible by affected employees and their representatives. Send your completed form to the address provided. Note: If we do not receive written confirmation you have corrected the hazards, we will take follow-up action, which may include additional penalties. If you provide us with false information, you may face criminal penalties. If you are unable to fix the hazard(s) by the correction due date(s): We must receive your written request for an extension before the correction due date(s) listed for the hazard(s). Correction due dates are shown on the enclosed and on your Employer Certification of Abatement Form(s). Extensions are not automatically granted. To be considered for an extension, you must provide the following: Inspection number, employer name, telephone number, and site address. Violation and Item number for each requested extension. Correction due date on the citation and additional time needed. Steps taken to fix the hazard by the correction due date. Why you cannot correct the hazard by the correction due date. How you will protect your employees until you fix the hazard. For more information, contact: Or call: (509) Steven Yunker, Compliance Supervisor Department of Labor and Industries Dept of Labor & Industries 519 Grant Road East Wenatchee, WA You must post all documentation associated with your request for extension with your citation packet. All postings must remain until you have corrected all violations, or unless you have appealed and received and posted your hearing notice. 18

20 Employer Certification of Abatement Form UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY DBA Name: WASHINGTON POTATO COMPANY Site Address: st Ave W, Warden, WA, You must complete this form and return it to: Javier Valdez, Department of Labor & Industries Dept of Labor & Industries, 3001 W Broadway Ave, Moses Lake, WA Or Fax to: (509) Violation(s) are fully described in the section. Violation, Item & Group# Type of Violation WAC# Violated Correction Due Date 1-1 Repeat Serious WAC /11/2016 Violation Summary: Unguarded Shafts. Repeat 1-3 Serious WAC /11/2016 Violation Summary: Belt and pulley in Waste Pump not guarded. 2-1 Serious WAC /11/2016 Violation Summary: Did not identify permit required confine space. I certify that the hazards described in this Employer Certification of Abatement Form have been corrected as described above. Affected employees and their representatives have been informed of the correction activities. I am aware that knowingly providing false information may result in criminal penalties (RCW (2)). Signature Name Title Date Phone No. DOSH USE ONLY DOSH Reviewer's Signature Date 19

21 Employer Certification of Abatement Form UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY DBA Name: WASHINGTON POTATO COMPANY Site Address: st Ave W, Warden, WA, You must complete this form and return it to: Javier Valdez, Department of Labor & Industries Dept of Labor & Industries, 3001 W Broadway Ave, Moses Lake, WA Or Fax to: (509) Serious WAC (1) 6/11/2016 Violation Summary: Post signs for PRCS. 2-3 Serious WAC (2) 6/11/2016 Violation Summary: Take measures to prevent unauthorized enter. 2-4 Serious WAC /11/2016 Violation Summary: No employee confined space training. I certify that the hazards described in this Employer Certification of Abatement Form have been corrected as described above. Affected employees and their representatives have been informed of the correction activities. I am aware that knowingly providing false information may result in criminal penalties (RCW (2)). Signature Name Title Date Phone No. DOSH USE ONLY DOSH Reviewer's Signature Date 20

22 Employer Certification of Abatement Form UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY DBA Name: WASHINGTON POTATO COMPANY Site Address: st Ave W, Warden, WA, You must complete this form and return it to: Javier Valdez, Department of Labor & Industries Dept of Labor & Industries, 3001 W Broadway Ave, Moses Lake, WA Or Fax to: (509) Serious WAC /11/2016 Violation Summary: Certify employee proficiency. 2-6 Serious WAC /11/2016 Violation Summary: Implement procedures for entry permit. 2-8 Serious WAC /11/2016 Violation Summary: Evaluate and control hazards for safe entry. 2-9 Serious WAC (1) 6/11/2016 Violation Summary: Rescue and emergency service availble. I certify that the hazards described in this Employer Certification of Abatement Form have been corrected as described above. Affected employees and their representatives have been informed of the correction activities. I am aware that knowingly providing false information may result in criminal penalties (RCW (2)). Signature Name Title Date Phone No. DOSH USE ONLY DOSH Reviewer's Signature Date 21

23 Employer Certification of Abatement Form UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY DBA Name: WASHINGTON POTATO COMPANY Site Address: st Ave W, Warden, WA, You must complete this form and return it to: Javier Valdez, Department of Labor & Industries Dept of Labor & Industries, 3001 W Broadway Ave, Moses Lake, WA Or Fax to: (509) Serious WAC /11/2016 Violation Summary: No confined space program for outside employers 2-11 Serious WAC /11/2016 Violation Summary: No confined space program Serious WAC /11/2016 Violation Summary: LO/TO Program I certify that the hazards described in this Employer Certification of Abatement Form have been corrected as described above. Affected employees and their representatives have been informed of the correction activities. I am aware that knowingly providing false information may result in criminal penalties (RCW (2)). Signature Name Title Date Phone No. DOSH USE ONLY DOSH Reviewer's Signature Date 22

24 Employer Certification of Abatement Form UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY DBA Name: WASHINGTON POTATO COMPANY Site Address: st Ave W, Warden, WA, You must complete this form and return it to: Javier Valdez, Department of Labor & Industries Dept of Labor & Industries, 3001 W Broadway Ave, Moses Lake, WA Or Fax to: (509) Serious WAC /11/2016 Violation Summary: PPE assessment for open sided floor Serious WAC /11/2016 Violation Summary: Floor grating in raw receiving tripping hazard. Repeat 3-1 General WAC /11/2016 Violation Summary: No face plates I certify that the hazards described in this Employer Certification of Abatement Form have been corrected as described above. Affected employees and their representatives have been informed of the correction activities. I am aware that knowingly providing false information may result in criminal penalties (RCW (2)). Signature Name Title Date Phone No. DOSH USE ONLY DOSH Reviewer's Signature Date 23

25 Employer Certification of Abatement Form UBI: Issued: May 24, 2016 Legal Name: OREGON POTATO COMPANY DBA Name: WASHINGTON POTATO COMPANY Site Address: st Ave W, Warden, WA, You must complete this form and return it to: Javier Valdez, Department of Labor & Industries Dept of Labor & Industries, 3001 W Broadway Ave, Moses Lake, WA Or Fax to: (509) I certify that the hazards described in this Employer Certification of Abatement Form have been corrected as described above. Affected employees and their representatives have been informed of the correction activities. I am aware that knowingly providing false information may result in criminal penalties (RCW (2)). Signature Name Title Date Phone No. DOSH USE ONLY DOSH Reviewer's Signature Date 24

26 Appeal Rights For Employers If you are cited for a violation of Occupational Safety and/or Health rules, you have the right to appeal the citation. You have 15 working days from the date you receive this citation to appeal. (RCW (1)) "Working day means a calendar day, except Saturdays, Sundays and all legal state holidays. Your appeal must be in writing. It may be mailed, faxed, or personally delivered. For violations classified as serious, willful, repeat serious, or failure to abate serious, an employer must correct the violations by the date listed on the Citation and Notice / Employer s Certification of Abatement form unless a stay of abatement date is requested in the appeal as described on this page. A stay of abatement date means the employer s requirement to abate or correct the hazard is put on hold until the appeal is resolved. All general and repeat general violations under appeal automatically have stay of abatement dates until a final order on those violations has been issued. If you only need an extension of an abatement date, please see the above section entitled, If you are unable to fix the hazard(s) by the correction due date(s). Your appeal must include: Name, address, telephone number, and fax number if available of the employer who is appealing, and for the employer s representative, if any, such as an attorney or interpreter. Inspection Number (You will find this nine-digit number in the top right corner of this page.) Statement explaining: 1. What you think is wrong with the citation and any related facts. 2. How you think the citation should be changed. 3. What relief you are seeking and why. If you are requesting a stay of abatement date for serious, willful, repeat serious or failure to abate serious, you must also include: Each violation and item number for which a stay of abatement date is requested; and The reason for the stay of abatement date request. Note: Employees and/or employee representatives may elect to participate in appeal hearings. Posting requirement: You must post your appeal documents (along with this citation packet) until the appeal is resolved. You must also post all other documents related to this appeal. For Employees or Their Representatives If your employer is cited, you may only appeal the correction due date(s). Your appeal must include: Your name, address, telephone number, and fax number if available and the same information for anyone who is representing you, if any. Inspection number. Statement explaining why the correction due date should be changed. Send all appeals to: Assistant Director for DOSH Attn: Appeals Program PO Box Olympia, WA Fax to: (360) or deliver to: Any L&I office For more information call the Appeals Program: (360)

27 OREGON POTATO COMPANY WASHINGTON POTATO COMPANY Po Box 2248 Warden, WA OREGON POTATO COMPANY WASHINGTON POTATO COMPANY Po Box 2248 Warden, WA