Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1664999.015
Citation: 02001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $156,259.00
Current Penalty: $16,131.00
Issuance Date: 10/17/2023
Nr Instances: 1
Nr Exposed: 16
Abatement Date: 12/08/2023
Gravity: 10
Report ID: 0524500
Contest Date: 10/31/2023
Final Order: 12/19/2024
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 12/19/2024 | $16,131.00 | 12/08/2023 | Serious | |
| Penalty | C: Contested | 11/01/2023 | $156,259.00 | 12/08/2023 | Willful | |
| Penalty | Z: Issued | 10/17/2023 | $156,259.00 | 12/08/2023 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard:
OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees working in and around the corn germ unloading and elevating operation on the North end of Elevator A were exposed to combustible agricultural dust deflagration and explosion hazards associated with an indoor bucket elevator (Leg 1): The employer does not ensure that employees working in buildings with indoor bucket elevators having combustible agricultural dust deflagration/explosion hazards are adequately protected from those hazards - (a) On or about April 20, 2023, at the North end of the West Plant's Elevator A, employees were exposed to combustible agricultural dust deflagration and explosion hazards from the unloading and elevating of dehydrated corn germ materials and associated dust within the indoor Leg 1 bucket elevator that presented un-mitigated deflagration and explosion hazards. Leg 1 was operated in a manner that presented combustible grain dust deflagration and explosion hazards in that fuel, oxygen, containment, suspension, and ignition sources were capable of being present at the same time within the system and Leg 1's deflagration detection and chemical suppression system for explosion protection/deflagration propagation protection was not maintained in a fully operable condition. Frequent inspections and tests were not being performed. The last quarterly inspection of the system and the last annual inspection and test of the system was performed in late 2016. Feasible means and methods of abatement include following the instructions and guidance provided by the system manufacturer's manual and National Fire Protection Association (NFPA) Standards 61 "Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities, 2020 edition" - Section 8.7 (Management Systems - Inspection, Testing, and Maintenance) and 69 "Standard on Explosion Prevention Systems, 2019 edition" - Sections 10.4.3.4 (Deflagration Control by Suppression - Maintenance and Inspection), 11.4.2.4 (Deflagration Control by Active Isolation - Maintenance), 11.4.2.5 (Deflagration Control by Active Isolation - Inspection), and 15.7 (Explosion Prevention System - Inspection). Perform inspections and tests of deflagration detection and explosion protection/deflagration propagation protection systems at intervals established by the manufacturer and the NFPA and in accordance with the requirements established by the manufacturer and the NFPA. The manufacturer of the deflagration detection and chemical suppression system utilized at the time of the event requires specific actions (interim inspections) to be performed on a quarterly basis after installation with certain inspection/maintenance procedures and a simulated discharge to be performed by manufacturer representatives every fourth quarter after installation (annual maintenance). These manufacturer requirements are in-line with those found in NFPA 69.
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