Violation Detail
Standard Cited: 19100147 D The control of hazardous energy (lockout/tagout).
Inspection Nr: 1456731.015
Citation: 02004A
Citation Type: Repeat
Abatement Status: Abatement Completed
Initial Penalty: $134,937.00
Current Penalty: $94,599.62
Issuance Date: 07/06/2020
Nr Instances: 7
Nr Exposed: 35
Abatement Date: 07/30/2020
Gravity: 10
Report ID: 0524200
Contest Date: 07/29/2020
Final Order: 04/12/2021
Related Event Code (REC): R
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 04/12/2021 | $94,599.62 | 07/30/2020 | Repeat | |
| Penalty | C: Contested | 09/14/2020 | $134,937.00 | 07/30/2020 | Repeat | |
| Penalty | Z: Issued | 07/06/2020 | $134,937.00 | 07/30/2020 | Repeat |
Text For Citation: 02 Item/Group: 004A Hazard:
29 CFR 1910.147(d): The established procedure for the application of energy control (the lockout or tagout procedure) was not done in sequence as required by 29 CFR 1910.147(d)(1) through (d)(6): The employer does not ensure that the application of energy control is performed in sequence to include elements and actions such as preparation for shutdown, machine or equipment shutdown, machine or equipment isolation, device application, release of any stored energies, and verification of isolation. This violation was most recently documented at the address located above, as follows: The employer failed to implement energy control application steps as the machines were not isolated from all energy sources [per the 1910.147(d)(3) requirements]. As a result, the remaining applicable energy control elements, involving LOTO device application [(d)(4)], dissipation of residual energy [(d)(5)(i)], and verification of isolation [(d)(6)], were not implemented to protect employees from machine hazards. a) Kitchen 5 - On or about January 9, 2020, through January 13, 2020, and January 21, 2020, employees were exposed to hazards associated with rotating and moving parts from the unexpected start-up and energization of the Feeder Pump for Coil 1. b) Production Area - On or about January 22, 2020, and January 27, 2020, employees were exposed to machine hazards associated with moving parts and pinch points from the unexpected start-up and energization of the Mogul 5 Feeder and Mogul 7 Feeder when performing unjamming operations. c) Production Area - On or about January 29, 2020, employees were exposed to machine hazards associated with the release of steam, pneumatics and hot water from the unexpected start-up and energization of Mogul 5 when performing maintenance tasks on the Main Drive, Starchbuck and Depositor. d) Production Area - On or about April 21, 2020, employees were exposed to machine hazards associated with pinch points from the release of stored energy on the Starchbuck printing areas of Mogul 5 and Mogul 7 when performing unjamming operations. The employer failed to implement energy control application steps as the machines were not shut down or turned off to perform setup operations [per the 1910.147(d)(2) requirements]. As a result, the remaining applicable energy control elements, involving machine isolation [(d)(3)], LOTO device application [(d)(4)], dissipation of residual energy [(d)(5)(i)], and verification of isolation [(d)(6)], were not implemented to protect employees from machine hazards. e) Kitchen 5 - On or about January 14, 2020, and January 22, 2020, employees were exposed to hazards associated with rotating and moving parts while performing sanitation of equipment, such as the Sugar Auger and Cross Screw Auger, without stopping and isolating the equipment from the energy source. Custom made devices and zip ties were used to keep equipment running during sanitizing while guards were removed. f) Production Area - On or about January 28, 2020, an employee was exposed to machine hazards associated with crushing hazards from the unexpected movement of the energized equipment when performing cleaning of the line during changeovers and before shut downs on equipment such as Mogul 5 and Mogul 7. The equipment was not stopped and locked out before work was performed. g) Packaging Department - On or about March 11, 2020, and March 19, 2020, employees were exposed to machine hazards associated with in-running nip points from the movement of CasePacker #4 Conveyor when performing cleaning and adjustments of the line. The equipment was not stopped and locked out before work was performed. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records. Ferrara Candy Company was previously cited for a violation of this Occupational Safety and Health Standard 29 CFR 1910.147(d), which was contained in OSHA inspection number 1318823, citation number 2, item number 3, and was affirmed as a final order on December 14, 2018, with respect to a workplace located at 7301 Harrison Street in Forest Park, Illinois.
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