Violation Detail
Standard Cited: 19100022 A01 General requirements.
Inspection Nr: 1647953.015
Citation: 02001A
Citation Type: Repeat
Abatement Status: Abatement Completed
Initial Penalty: $22,101.00
Current Penalty: $22,101.00
Issuance Date: 06/28/2023
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 07/28/2023
Gravity: 5
Report ID: 0523300
Contest Date:
Final Order: 07/26/2023
Related Event Code (REC):
Emphasis:
Substance: E101
Substance: M102
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | I: Informal Settlement | 07/26/2023 | $22,101.00 | 07/28/2023 | Repeat | |
Penalty | Z: Issued | 06/28/2023 | $22,101.00 | 07/13/2023 | Repeat |
Text For Citation: 02 Item/Group: 001A Hazard:
29 CFR 1910.22(a)(1): The employer did not ensure that all places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition. On or about February 2, 2023, the Vortex Dryer room high horizontal surfaces had excessive accumulations of combustible dust, such as cornstarch. The dust collection system provided for this area was not in operation. Impact Confections, Inc. (dba Kua Candy LLC) was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.22(a)(1), which was contained in OSHA inspection number 1519144, citation number 1, item number 2 and was affirmed as a final order on October 1, 2021, with respect to a workplace located at 4017 Whitney Street Janesville, WI 53546. Abatement note: One feasible means of complying with this OSHA performance standard is to develop and implement a written housekeeping program following the elements contained in National Fire Protection Association (NFPA) Standard 61 "Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities". NFPA 61 (2020) Section 8.4.2.1 (housekeeping) states that facilities shall develop and implement a written housekeeping program that establishes the frequency and method(s) determined best to reduce accumulations of fugitive dusts on ledges, floors, equipment and other inside exposed surfaces. Accumulations of combustible dust on horizontal surfaces are to never exceed 1/8 inch over 5 percent of the room's footprint area. Typically, an effective housekeeping program should address both (1) the feasible means of reducing accumulations of fugitive dust through capture at the source of generation by ensuring that dust collection systems are safe, operational, and efficiently maintained for the removal of fugitive dust(s) from equipment or equipment transitions, and (2) the safe means of removing accumulations of combustible dust before they reach unsafe levels. NFPA 61 (2020) Section 9.6.2 (dust emissions) outlines the use of methods to prevent the escape of dust from process equipment into the surrounding environment. NFPA 61 (2020) Section 8.4.2 (housekeeping methodologies) discusses various safe methodologies for cleaning accumulated layers of dust. Please also note that the Wisconsin State Fire Code (Wisconsin Legislature - Chapter SPS 314: Fire Prevention) adopts the 2012 Edition of NFPA 1 "Fire Code" which requires the installation and maintenance of equipment and systems in accordance with NFPA 61 (2008), provisions for fugitive dust control, and provisions for housekeeping.