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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 1250461.015 Citation: 01001 Issuance: 01/17/2018 ReportingID: 0215800

Viol Type:Serious NrInstances:1 Contest Date:02/06/2018
Abatement Date:02/16/2018 Nr Exposed:7 Final Order:
Initial Penalty: $9,054.00 REC: Emphasis:
Current Penalty: $9,054.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 01/17/2018 $9,054.00 02/16/2018 Serious  
Penalty :   02/08/2018 $9,054.00 02/16/2018 Serious  

Text For Citation: 01 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 were exposed to the hazards of exposure to potential combustible dust, fire, deflagration and explosion hazards. Marshall Ingredients, LLC, Process Room, on or about or about 8/7/17: The employer operates two manufacturing lines that dry and pulverizes fruit products into powders. The powders were sampled and determined to be explosive. The employer did not implement procedures for managing and/or mitigating fire and explosion hazards of combustible agricultural dusts or related particulate solids. The areas with the hazards include, but are not limited to, the rotary dryers, cyclones, metal detectors, hammer mills and baggers. Deficiencies include but are not limited to: a) Dust Hazard Analysis (DHA) not performed; b) Controls not in place to prevent sources of ignition such as but not limited to static electricity, sparks and heat; c) Fire and Spark prevention, detection, suppression systems not in place; d) The employer did not have deflagration protection at all affected areas; e) The employer had improperly installed back flow prevention devices in the exterior dust collection area. Among other methods, one feasible and acceptable abatement method to correct these hazards are to comply with relevant provisions in NFPA 61 (2017) Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities and NFPA 652 (2016) Standard on the Fundamentals of Combustible Dust, such as: 1) Chapter 4, Section 4.1.2 of NFPA 61, which requires that the employer identify, assess the consequences and manage credible fire, flash fire and explosion hazards associated with their facility; and communicate the hazards to affected personnel. 2) Chapter 7, Section 7.1.1 of NFPA 652 and NFPA 61, which requires the employer to conduct a Dust Hazard Analysis. 3) Chapter 8, Section 8.3.9.4.4.1 of NFPA 61, which requires each dryer located inside a building to be protected by a permanently install fire protection system, explosion suppression system, or both, in accordance with applicable NFPA standards. 4) Chapter 8, Section 8.8.4.1 of NFPA 61 which requires that equipment requiring explosion prevention shall be protected by containment, suppression, inerting, or explosion venting.

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