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Inspection Detail
Inspection: 1489764.015 - Broc Cellars
Inspection Information - Office: Oakland District Office
Site Address:
Broc Cellars
1310 5th Street
Berkeley, CA 94710
Mailing Address:
1300 5th Street, Berkeley, CA 94710
Union Status: NonUnion
SIC:
NAICS: 312130/Wineries
Inspection Type: Accident
Scope: Partial
Advanced Notice: N
Ownership: Private
Safety/Health: Safety
Close Conference: 11/16/2020
Emphasis:
Case Closed: 07/26/2021
| Type | Activity Nr | Safety | Health |
|---|---|---|---|
| Accident | 1649624 |
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 3 | 1 | 4 | |||
| Current Violations | 2 | 1 | 3 | |||
| Initial Penalty | $24,525 | $0 | $0 | $175 | $0 | $24,700 |
| Current Penalty | $10,235 | $0 | $0 | $100 | $0 | $10,335 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Other | 3664(A) | 11/20/2020 | $100 | $175 | $0 | 12/17/2020 | O - Administrative Law Judge Order | ||
| 2. | 02001 | Serious | 3276(E)(15)(D) | 11/20/2020 | 12/02/2020 | $0 | $6,300 | $0 | 12/17/2020 | O - Administrative Law Judge Order | Citation has been deleted. |
| 3. | 03001 | Serious | 3622(F)(7) | 11/20/2020 | 12/02/2020 | $2,360 | $4,725 | $0 | 12/17/2020 | O - Administrative Law Judge Order | |
| 4. | 04001 | Serious | 3650(L) | 11/20/2020 | $7,875 | $13,500 | $0 | 12/17/2020 | O - Administrative Law Judge Order |
Investigation Summary
At 7:10 p.m. on August 19, 2020, three employees and the owner of Broc Cellars were preparing grapes for the harvest season. The injured employee was behind the hopper, which is attached to the DIEM wine press on a 20-foot extended ladder. The owner was driving a Nissan forklift with the cascade 10A bin dumper attachment on the forks and a 48x48 bin filled with grapes on the other side of the wine press. Neither party could see each other in this position. Guiding the owner verbally to assist in the position of the bin over the hopper was another employee, standing on a MetachTech mobile scaffold at a height of six feet, without any guardrails to protect in case of a fall. The scope of work that day was to dump bins of grapes in the hopper. As the bin of grapes was lifted via the forklift and was being tilted to dump the grapes, the bin dislodged from the forks and fell on top of the hopper. During this moment, the employee saw the bin start to fall and jumped off the ladder as it was falling. The employee jumped approximately 12-15 feet, landing on his feet and sustaining a bilateral heel fracture, which required hospitalization. The bin was not secured to the forklift, which caused the employee to jump off the ladder. The employer will be cited for not securing loads to the forklift, not having guard rails on a mobile scaffold at a height in excess of 30 inches or higher, and not selecting the appropriate ladder for the task.
Keywords: Bin, Blind Spot, Extension Ladder, Fall, Fall From Elevation, Falling Object, Food Handling, Foot, Forklift, Forks, Fracture, Guardrail, Hopper, Jump, Jumping, Ladder, Mobile Scaffold, Press, Scaffold, Unguarded, Unsecured
| # | Inspection | Age | Sex | Degree of Injury | Nature of Injury | Occupation |
|---|---|---|---|---|---|---|
| 1 | 1489764.015 | 32 | M | Hospitalized injury | Occupation Not Listed |