Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 122375512 Citation: 02079A Issuance: 07/12/1996 ReportingID: 0112900
Viol Type:WillFul NrInstances:24 Contest Date:07/23/1996
Abatement Date:08/17/1996 X Nr Exposed:24 Final Order:08/18/1997
Initial Penalty:40000.00 REC: Emphasis:
Current Penalty:20800.00 Gravity:05 Haz Category:UNAPEQUIP

Penalty and Failure to Abate Event History
Type Event Date Penalty abatement Type FTA Insp
Penalty Z: Issued 07/12/1996 40000.00 08/17/1996 WillFul  
Penalty F: Formal Settlement 08/18/1997 20800.00 08/17/1996 WillFul  


Text For Citation: 02 Item/Group: 079A Hazard: UNAPEQUIP

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: 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 were exposed to inhalation hazards from overexposures to dust and ammonia: At the establishment - Employee exposure to air contaminants exceeded the permissible levels set forth by the American Conference of Governmental Industrial Hygienists (ACGIH). In the following instances, employees performing the job tasks listed below were exposed to dust in excess of the Threshold Limit Value (TLV) of 10 mg/M3 (milligrams per cubic meter of air) as an eight hour time weighted average (8 hr TWA) as established by the American Conference of Governmental Industrial Hygienists (ACGIH 1987-88). For any sampling period listed below less than 480 minutes (8 hours), the calculation of the TWA assumes zero exposure for the balance of the time unsampled. a)Breeder Barn #2, Poland, ME. (1/26/96) - Cleaning Crew employee performing cleaning (blowdown) of barn using compressed air was exposed to elevated levels of dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 348.00 mg/M3 for a 502 min. sampling period. Employee exposure level was 34 times the TLV. b)Barn #30, (2/22/96) - Bird Crew employee pulling fowl was exposed to elevated levels of dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 1,747.00 mg/M3 for a 315 min. sampling period. Employee exposure level was 175 times the TLV. c)Barn #80 (2/27/96) - Sanitation Crew employee removing manure from deep pit barn via bucket loader was exposed to elevated levels of dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 78.00 mg/M3 for a 529 min. sampling period. Employee exposure level was 8 times the TLV. d)Barn #80 (2/27/96) - Sanitation Crew employee removing manure from deep pit barn via bucket loader was exposed to elevated levels of dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 87.00 mg/M3 for a 525 min. sampling period. Employee exposure level was 9 times the TLV. e)Brooder Barn #1 and Barn #30, (3/12/96) - Bird Crew employee pulling fowl and stuffing pullets was exposed to elevated levels of dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 31.00 mg/M3 for a 338 min. sampling period. Employee exposure level was 3 times the TLV. f)Brooder Barn #1 and Barn #30, (3/12/96) - Bird Crew employee pulling fowl and stuffing pullets was exposed toelevated levels of dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 50.20 mg/M3 for a 337 min. sampling period. employee exposure level was 5 times the TLV. g)Barn #40 and Barn #43, (3/14/96) - Bird Crew employee stuffing pullets was exposed to elevated levels of dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 101.10 mg/M3 for a 435 min. sampling period. Employee exposure was 10 times the TLV. h)Barn #40 and Barn #43, (3/14/96) - Bird Crew employee stuffing pullets was exposed to elevated levels of to dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 44.64 mg/M3 for a 338 min. sampling period. Employee exposure level was 4.4 times the TLV. In addition, the following employees were exposed to Respirable Dust in excess of the ACGIH Threshold Limit Value of 3 mg/M3 as an eight hour time weighted average (8 hr TWA). i)Barn #30, (2/22/96) - Bird Crew employee pulling fowl was exposed to elevated levels of respirable dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 11.84 mg/M3 for a 555 min. sampling period. Employee exposure was 3.9 times the TLV. j)Brooder Barn #1 and Barn #30, (3/12/96) - Bird Crew employee pulling fowl and stuffing pullets was exposed to elevated levels of respirable dust. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 10.50 mg/M3 for a 340 min. sampling period. Employee exposure was 3.5 times the TLV. In the following instances, the employees performing the job tasks listed below were exposed to ammonia in excess of the Threshold Limit Value of 25 ppm (parts per million) as an eight hour time weighted average (8 hr TWA) as established by the American Conference of Governmental Industrial Hygienists (ACGIH 1983-1984). In one instance (See Instance V, below), a Bird Crew employee was exposed to ammonia in excess of 50 ppm as an 8 hr. TWA as established by the Occupational Safety and Health Administration (OSHA). k)Plant #8 Barns, (2/1/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 49.3 ppm. for a 451 min. sampling period. Employee exposure was 1.9 times the TLV. l)Plant #8 Barns, (2/1/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 45.0 ppm. for a 458 min. sampling period. Employee exposure was 1.8 times the TLV. m)Plant #8 Barns, (2/1/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of toammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 39.4 ppm. for a 464 min. sampling period. Employee exposure was 1.5 times the TLV. n)Plant #8 Barns, (3/6/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 38.8 ppm. for a 488 min. sampling period. Employee exposure was 1.5 times the TLV. o)Plant #8 Barns, (3/6/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 32.5 ppm. for a 455 min. sampling period. Employee exposure was 1.3 times the TLV. p)Plant #8 Barns, (3/6/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 38.2 ppm. for a 499 min. sampling period. Employee exposure was 1.5 times the TLV. q)Plant #4 Barns, (3/6/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 46.8 ppm. for a 509 min. sampling period. Employee exposure was 1.8 times the TLV. r)Plant #3 Barns, (3/5/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 47.1 ppm. for a 594 min. sampling period. Employee exposure was 1.8 times the TLV. s)Plant #3 Barns, (3/5/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 39.1 ppm. for a 507 min. sampling period. Employee exposure was 1.5 times the TLV. t)Plant #2 Barns, (3/5/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 30.4 ppm. for a 456 min. sampling period. Employee exposure was 1.2 times the TLV. u)Plant #2 Barns, (3/5/96) - Barn Crew employee performing daily maintenance was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 46.7 ppm. for a 478 min. sampling period. Employee exposure was 1.8 times the TLV. v)Barn #30, (2/22/96) - Bird Crew employee pulling fowl was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 59.3 ppm. for a 449 min. sampling period. Employee exposure was 2.3 times the TLV and 1.18 times the PEL. w)Barn #30, (2/26/96) - Cleaning Crew employee cleaning dropping boards was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 42.0 ppm. for a 360 min. sampling period. Employee exposure was 1.6 times the TLV.x)Barn #30, (2/26/96) - Cleaning Crew employee cleaning dropping boards was exposed to elevated levels of ammonia. The employees' measured eight hour time weighted average (8 hr. TWA) was equal to 37.0 ppm. for a 240 min. sampling period. Employee exposure was 1.4 times the TLV. Instantaneous colorimetric readings indicated that the ACGIH (1983-1984) Short Term Exposure Limit (STEL) of 35 ppm may be regularly exceeded. Instantaneous readings in excess of the STEL included; DateTimeReadingLocation 2/17:50 a.m.50 ppmEgg conveyor aisleway, Barn 85 2/110:30 a.m.40 ppmMiddle of Barn 83 2/141:15 p.m.70 ppmMiddle of Barn 21 2/141:40 p.m.75 ppmMiddle of Barn 29 2/142:55 p.m.40 ppmMiddle of Barn 83 2/143:00 p.m.50 ppmMiddle of Barn 81 2/144:00 p.m.70 ppmMiddle of Barn 46 2/219:55 a.m.75 ppmMiddle of Barn 81 2/211:15 p.m.50 ppmMiddle of Barn 30 while pulling fowl 2/211:50 p.m.40 ppmMiddle of Barn 37 DateTimeReadingLocation 2/229:20 a.m.120 ppmEgg conveyor aisleway, Barn 30 (door open at end of barn while pulling fowl) 2/2211:15 a.m.50 ppmNear Middle of Barn 30 (door open at end of barn while pulling fowl) 2/223:35 p.m.85 ppmMiddle of Barn 30 next to employees monitored for ammonia during pulling of fowl 2/227:40 p.m.50 ppmMiddle of Barn 30 (during pulling of fowl) 2/268:40 a.m.50 ppmEnd of Barn 30 (3 of 20 exhaust fans running) 2/268:45 a.m.70 ppmMiddle of Barn 30 (3 of 20 exhaust fans running) 2/264:25 p.m.50 ppmMiddle of Barn 30 (3 of 20 fans running) 2/264:30 p.m.70 ppmEgg conveyor end of Barn 202/264:40 p.m.40 ppmMiddle of Barn 22 2/264:50 p.m.100 ppmMiddle of Barn 23 2/264:55 p.m.50 ppmEgg conveyor end of Barn 23 2/265:00 p.m.40 ppmMiddle of Barn 25 2/265:05 p.m.50 ppmMiddle of Barn 28 2/2710:30 a.m.60 ppmEgg conveyor end of Barn 30 with door open and no fans running 2/2710:40 a.m.75 ppmMiddle of Barn 30 with door open and no fans running 2/2711:10 a.m.50 ppmNear egg conveyor of Barn 30 3/58:20 a.m.80 ppmBarn 22 3/58:25 a.m.85 ppmMiddle Barn 22 (4th aisle from plant) 3/58:40 a.m.100 ppmFan bank, Barn 22 3/510:58 a.m.50 ppmBarn 22, Far Wall at egg card near conveyor 3/511:03 a.m.70 ppmBarn 22, Center of aisle before conveyor (very front) 3/511:10 a.m.50 ppmBarn 23, Plant wall 1/4 down during maintenance 3/52:58 p.m.70 ppmBarn 22, at front near conveyor 3/53:02 p.m.50 ppmBarn 22, in pit 3/67:50 a.m.50 ppmBarn 84, outside door entering barn 3/67:58 a.m.50 ppmBarn 84, midway down middle aisle 3/68:06 a.m.50 ppmBarn 84, 3/4 down second aisle from plant 3/68:10 a.m.70 ppmBarn 84, 1/4 down second aisle from plant 3/68:15 a.m.45 ppmBarn 83, center front egg conveyor 3/69:00 a.m.40 ppmBarn 86, center conveyor 3/69:03 a.m.50 ppmBarn 86, 1/4 down 3rd aisle from conveyor 3/69:06 a.m.100 ppmBarn 85, 1/4 down 3rd aisle from conveyor 3/69:10 a.m.100 ppmBarn 85, 1/2 down center aisle 3/69:13 a.m.50 ppmBarn 85, front conveyor 3/62:46 p.m.100 ppmBarn 81, 1/4 down center aisle 3/62:49 p.m.120 ppmBarn 81, 1/2 down center aisle 3/62:52 p.m.100 ppmBarn 81, 3/4 down center aisle Among other methods, some feasible and acceptable methods to reduce or eliminate employee exposure include, but are not necessarily limited to: 1) Implementation of engineering controls including: a) Effective ventilation in all the barns to ensure removal of air contaminents and adequate air exchange. b) Spread peat, vermiculite or wood chips on top of manure in deep pit barns to reduce the release of ammonia. c) Use of automated equipment to catch chickens. 2) Implementation of administrative controls including: a) Frequent removal of manure from deep pits to reduce the release of ammonia. b) Provide sanitation crew with enclosed ventilated cab on bucket loader during removal of manure. 3) Implementation of an effective respiratory protection program.on