OSHA Inspection: PROXIMITY MALT, LLC

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $6250.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.22(a)(2): The employer did not ensure that the floor of each workroom is maintained in a clean and, to the extent feasible, in a dry condition. The employer did not ensure that when wet processes are used, drainage was maintained and, to the extent feasible, dry standing places, such as false floors, platforms, and mats are provided.  a) Malthouse Concrete Floors - On or about October 23, 2022, and on later dates, the employer did not ensure the concrete floors between the steeping and germination vessels were not maintained in a dry condition by ensuring adequate drainage of fugitive process water away from floors traversed by employees, exposing those employees to a slip-fall hazard.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 0530X100

General-duty citation text

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 contaminants' chemical state and physical form:  Malthouse Vessels for Germination & Kilning (GKV1 & GKV2) - On or about October 23, 2022, and on previous dates, the employer did not identify and evaluate the respiratory hazards employees were exposed to while conducting a maintenance activity in the Germination and Kilning Vessels when  barley malting was in process.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $15625.00 · Current $0.00 Reduced

General-duty citation text

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 items (3)(i) through (3)(vi) of this paragraph:  a) Malthouse Vessels for Germination & Kilning (GKV1 & GKV2) - On or about October 23, 2022, and on previous dates, employees entering permit spaces during the barley germination and kilning steps to conduct activities such as, but not limited to, collecting samples and conducting maintenance activities   and the employer did not implement the means, procedures, and practices necessary for safe permit space entry operations such as, but not limited to,  purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards and verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(d)(4)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that communications equipment was maintained properly:  a) Malthouse Vessels for Germination & Kilning (GKV1 & GKV2) - On or about October 23, 2022, and on previous dates, the employer did not ensure employees entering permit spaces to conduct activities such as but not limited to, collecting samples and conducting maintenance activities had communication devices necessary to communicate to attendants and rescue services.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(d)(4)(vii):  Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that equipment, such as ladders, needed for safe ingress and egress by authorized entrants were used properly:  a) Malthouse Vessels for Germination & Kilning (GKV1 & GKV2) - On or about October 23, 2022, and on previous dates, the employer did not ensure employees entering PRCSs used the provided ladder when accessing the barley either by climbing over the railing of the rotating turner arm platform (RATP)  or when the RATP was not aligned with the door.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

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) Malthouse Vessels for Germination & Kilning (GKV1 & GKV2) - On or about October 23, 2022, and on previous dates, employees entered a permit-required confined space (PRCS) to conduct activities such as, but not limited to, collecting samples and maintenance activities, and an attendant was not present outside the permit space.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(d)(13): Under the permit-required confined space (PRCS) program required by 29 CFR 1910.146(c)(4), the employer did not review entry operation when the employer had reason to believe that the measures taken under the permit space program would not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized:  a) Proximity Malt, LLC, Laurel, DE - On or about October 23, 2022 and on previous dates, the employer did not review entry operation and revise the PRCS program to correct deficiencies found to exist before subsequent entries were authorized for employee-entries into PRCSs such as, but not limited to, Germination & Kilning Vessels, GKV1 & GKV2, when the employer had reason to believe measures taken were not sufficient to protect employees when entering these PRCSs for activities such as, but not limited, operating this process, collecting grain samples, troubleshooting and performing maintenance activities, exposing employees to conditions within confined spaces prohibited such as, but not limited to, potential atmospheric, mechanical hazards.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $10938.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.146(j)(4): The employer did not ensure that each entry supervisor verified that rescue services were available and that the means for summoning them were operable:  a) Malthouse Vessels for Germination & Kilning (GKV1 & GKV2) - On or about October 23, 2022, and on previous dates, employees entered a permit space to conduct activities such as, but not limited to, collecting samples and maintenance activities, and the supervisor did not ensure rescue services and a means to summon them were available.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(k)(1)(iv): The employer who had designated rescue and emergency services did not inform each rescue team or service of the hazards they may confront when called to perform rescue at the site:   a) Proximity Malt, LLC, Laurel, DE   - On or about October 23, 2022 and on previous dates, the employer did not evaluate the ability of an employer-designated rescue and emergency service prior to designating that service for a permit-required confined space (PRCS) rescue from a germination and kilning vessel (GKV), exposing employees to potential atmospheric and mechanical hazards.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR  1910.146(k)(1)(v): The employer who had designated rescue and emergency services did not provide the selected rescue team or service with access to all permit spaces from which rescue could  be necessary, so that the rescue service could develop appropriate rescue plans and practice rescue operations.  a) Proximity Malt, LLC, Laurel, DE  - On or about October 23, 2022 and on previous dates, the employer did not provide rescue services access to all permit spaces such as, but not limited to, the germination & kilning vessels, GKV1 & GKV2, subjecting any entrant requiring rescue to delayed rescue times and potential serious injury or death due to atmospheric and mechanical hazards.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $4687.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.272(j)(2)(ii): The employer did not immediately remove any fugitive grain dust accumulations whenever they exceeded 1/8-inch (.32 cm) at priority housekeeping areas, pursuant to the housekeeping program for grain elevators:   a) Grain Receiving Carport - On or about January 31, 2023 and on previous dates, employees worked unloading grain from trucks into the grain receiving pit, in the process releasing grain dust inside a priority area then settling down onto surfaces such as, but not limited to, the ledges encompassing the inside walls of the carport at a depth exceeding 3/8 inch, exposing employees to potential injury from a fire.

Issued

2023-04-21 00:00:00

Abate by

2023-05-17 00:00:00

Penalty

Initial $15625.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iii):  a) Proximity Malt, LLC, Laurel, DE - On or about October 23, 2022, and on previous dates, the employer did not provide employees with effective information and training on hazardous chemicals in their work area including the methods and observations used to detect the presence or release of a hazardous chemical in the work area, recognition of the health and simple asphyxiation hazards chemicals in the work area, and measures they can take to protect themselves from these hazards.