I Page 1 MS nspecll?l -A . . I?ll?nll Inspection 772.45 Establishment ?Cas??Farms Prooeseing; 'im'f't?id Number: Name: Inc. .CSHO Info .. I CSHO 10*: Accompanied By: . Optional Report 634 CSHO 10b Tltie: 62 Inspection Information . ?twist? .. i Related Activities -, . . . . . .. i 1 Activity Number Activity Type 3 Satisfied Esiab Name - i . a 4 Inspections . . . . . .. .. f" Concurrent Inspections 1 i . 2 ?Inspection Number i I i ,1 i -98699 I .. ., Jolnt-Employel- Inspactions .. .. . . . ., . inspection Number Eeiab Name Mum-Employer Inspections i . A - i Inspection Number Previous/Subsequent .1 . Site Address Intervention tr- Estabiiphi?eiitihiarht?titsn" Establishment Case Farms Processing. Establishment DBA: Case Farms Chicken Name: In" Establishment ID: 6021542 Primary NAICS: 311615 - Peultry L'i'ype of Business: Corporation . - Processing mum-u-? Ownership: Private Sector Ii?itry I mass Business Address . mgtt??t?thit?ss' 1: 1818 County Road 160 County: HOLMES I a Street Address Zip Code: 44690 . Country: UNITED OF AMERICA Email Address: 1 State: OHIO Phone Number: 3303597141 City: WINESBURG Far; 333159-5751 I ant-gunpatxwham- it .1. Street Address 1: PO. Box 185 City: WINESBURG Street Address 2: 5 County: HOLMES Country: UNITED STATES OF AMERICA 1 Zip Code: 44690 . if State: OHIO . - I. i 1/3/2019 I I I - I Page Temporary/Fixed: I Fixed I 160 Primary NAICS: 311615 Poultry Processing SIC Inspected: . Phone Number: 330-359-7141 Mobile Number: Fax Number: 33085995751 Street Address 2: . City: WINESBURG State: OHIO County: HOLMES Zip Code: 44690 3 Employed in 478 I Controlled by 2479 Estab: Employer: Covered by 478 Inspection: . No denial of entry. Citations Issued: No Number of Days on 17 Advance Notice: N0 Case Closed Date; I Slte: I .. Dates .. . .. .. . .. .. .. .. .. .. .. Entry Date 06/30/2011 Tlme opening 06/30/2011 Tlme Walk Around: 06/30/2011 Time: Conference: Time . Closing 10/25/2011 Exnt. 10/25/2011 Time. Confere?ce 1: Closing Conference Tlme Candidate for Inspection Flag as Candidate For No Follow-up: Reason for follow up: Inspection Type Information Initiating . . .. .. .. Type: Secondaryr Types .. . .. Other: Enhanced Enforcement No - I Scope of Comprehensive Program: Inspection: Partnership Program: Reason No Inspection: I Migrant Farm Worker: No Inspection Category: Health Explanation: Sampling No Performed: (SITE SPECIFIC TARGETING PLAN FOR FY 2010) CHEMNEP (NEP-ELIMINATE HAZARDS FROM RELEASE OF HAZCHEMICALS) State/Local Inspection Programs . . . . . 1/3/2012 Inspection I Page 3 of 5 Federal Strategic Initiative -- -- NOISE iType "gld - iDesc-Iriptionw LN 08 SIGCASE Private Se Contact Information - Additional citation Mailings .. .. ERC Source 1 Intervie,wed?: No Walk Around: No Opening Conference: No Street Address 1: Street Address 2: City: County: State: Country: UNITED STATES OF AMERICA Zip Code: Closing Conference: No First Name: Chuck Last Name: McDaniel Job Title: VP, General Manag E-Mail: Phone: Phone Extn: Mobile: Fax: 2 .. Interviewed?: Yes WalkAround: No Opening Conference: No Street Address 1: - Street Address 2: City: County: State: Country: UNITED STATES OF AMERICA Zip-Code: Ciosing Conference: No 'First Name: Abel Last Name: Acen Job Title: Director, Human Reso E~Mail: Phone: Phone Extn: Mobile: Fax: Interviewed?: Yes Walk Around: N0 Opening Conference: Yes Street Address 1: Street Address 2: City: County: State: Country: UNHED STATES OF AMERICA Zip Code: Closing Conference: No First Name: Elizabeth Last Name: Gailardo Job Title: Safety Manager E-Mail: Phone: Phone Extn: Mobile: Fax: 1/3/2012 Inspeetion -- ERC Source -. 4 Waik Around: Opening Conference: Street Address 1: Interviewed?: Closing Conference: First Name: Last Name: Yes No Doru Jacobs Street Address 2: City: County: State: Country: Zip Code: DUDLEY WAYNE NORTH CAROLINA STATES OF AMERICA 28333 Street Address 2: Job Title: Maintenance Manager City: . E-Maii: oun ty Phone: State: Phone Extn: Country: UNITED STATES OF AMERICA Mobile: Zip Code: i Fax: 5 . .. Interviewed? No Watk Around: No I Closmg Conference: Yes Opening Conference: No First Name: Ronnie Street Address 1: . Last Name: Hightower Street Address 2: . Job Title: Plant Manager City: E-Mail: oun Phone: State: . Phone Extn: Country: UNITED STATES OF AMERICA . Mobile: Zip Code: Fax: 6 Intewiewed?; No Walk Around: No Closmg Conference: No Opening Conference: No . . . First Name: Billy Street Address 1: 330 Pecan Road Last Name: Holland Job Title: E?Maii: Phone: Phone Extri: Mobile: Fax: Safety Director 919-735-5010 919?920-5462 919-735-1055 '2 . InterViewed?: Local: Union Name: I Street Address 1: Street Address 2: City: County: State: Country: Union Information -- ir- UI Source 1 . No 880 UFCW 3469 Wadsworth Rd NORTON OHIO UNITED STATES OF AMERICA- 44203 Mail Citation First Name: Last Name: E-Mail: Phone: Phone Extn: Mobile: Fax: Yes Timothy Mullins 217-241-5930 3307013506 Page 4 of 5 1/3/2012 on Zip Code: . . Employee Representative - - - 5 ER 50mWalk Around: No Interviewed7: Street Address I: Name: Street Address 2: Last Name; City: E-Mall: County: Phone: State: Phone Extn: Country: Mobile: Zip Code: Fax: Employees Contacted - -- Other Persons Contacted Narratlve Penalty Information Pena?)! Adjustment Factors Size Reduction: 0% Good Faith 0% Reduction: 1 History: 0% Denlal 0f mm In!" Inspection History 'lnsnectwn History Records for Inspection Sile Address 77252 98699 Size Justi?catlon: Good Falth Justi?catlon: History. Employer has not had any federal OSHA inspections within the Justi?cation: Employer had a few HG serious violations more than 3. "high" severity serious violations. {6513(5) or - 1818 County Road 160 1 UNITED 06/30/2011 Road 160 WINESBURQLOHIO, 44690 un?iTEo STATE-ZS 06/30/2011 r- Previous Requests for Warrants -- - All Warrants associated with tho particular 3 Inspection Number Site Address Warrant Type Imps ://0is.osha. go v/portal/server. 3/ on?l?ype=3. .. Page 5 of5 1/3/2012 Inspection Inspection Information Supervisor*: 24036 I . I I I Site Address Infonnatlon i .osha. go v/portal/scrver.pt/ gateway/ . .. Related Activities Activity Number Activity Type Page 1 of 5 l' ll??h Inspection 77245 Number: Establishment Case Farms Processing, RID: 0 Print 3 Name: Inc. ELLQE . Accompanied Optional Report 634 CSHO Info csno Job Title: 62 i Satisfied Estao Related Inspections Concurrent Inspections Inspection Number 98699 177252 Joint-Employer Inspections Number Estab Name Mum-Employer Inspections Inspection Number Esiab Name Previous] Subsequent Inspections Number Previous/Suta?seouent Establishment Information- Establishment Case Farms Processing, Establishment?08A: Name: Inc' Establishment ID: Primary NAICS: Cese Farms Chicken 6021542 311615 - Poultry Processing Ownership: Private Sector .1.- Business Address County: Zip Code: Email Address: Phone Number: 3303597141 Street Address 1: 1818 County Road 160 Street Address 2: Country: UNITED STATES OF AMERICA State: OHIO __C_ity: WINESBURG HOLMES 44690 Fax Malling Address Street Address 1: PD. Box 185 Street Address 2: . Country: UNITED STATES OF AMERICA State: OHIO City: WINESBURG County: HOLMES Zip Code: 44690 Site Information Type Of Business: Poultry Processing 1818 County Road 160 11/22/2011 Inspection I - - Page 2 of 5 Primary NAIC5: 311615 Pouitry Processing Street Address 2: SIC Inspected: City: WINESBURG Phone Number: 330-359?7141 State: OHIO 1 Mobile Number: I . County: HOLMES i Fax Number: 330-359-5751 Zip Code: 44690 i I: Employment Information I . Employed in 478 . . Controlled by 2479 Estab: Employer: 1 'l Covered by 478 9 Inspection: Inspection Dates 1 Site: No denial of entry. Citations Issued: No Number of Days on 17 Advance Notice: No Cage (josed Date; I . .. Entry Date 06/30/2011 Time Opening 06/30/2011 Time Walk Around: 06/30/2011 Tlme: conference; .. . Closing 10/25/2011 10/25/2011 "nme. Conference 1: 3 Closing i Conference - 2: Time Candidate for Foilow_up Inspection .. I I Flag as Candidate For No Follow-up: Reason for follow up: Inspection Type information Initiating Program TypeEnhanced Enforcement No Scope of Comprehensive Program: Inspection: Partnership Program: Reason No Inspection: 3 Migrant Farm Worker: No Explanation: Inspection Category: Health Sampling No Performed: Programs. .. .5 SSTARGIO SPECIFIC TARGETING PLAN FOR FY 2010) CHEMNEP (NEP-ELIMINATE HAZARDS FROM RELEASE OF HAZCHEMICALS) State] Local Inspection Programs . .. . .. strategic Plan Activity-i i .. 1 1/22/201 1 Inspection Federal Strategic Initiative NOISE i i? i' - AdditionalCodes . Id Contact Infonnation i .. Additig?a. Citation Mal-mags Value .. Page 3 of 5 ERC Source: 1 -- -- - - Interviewed?: No 2 Walk Around: No Closing Conference: No Opening Conference: No First Name: Chuck Street Address 1: I Last Name: McDaniel Street Address 2: I Job Title: V.P. General Manag 3 I .. City: E-Maii: i. oun 5 5 Phone: State: Phone Extn: Country: UNITED STATES OF AMERICA Mobile: 1 . Zip Code: i i. i . Fax: i 2 -- i Interviewed?: Yes 1 Walk Around: No Closmg Conference: No Opening Conference: No First Name: Abel Street Address 1: _g Last Name: Acen Street Address 2: i Job Title: Director, Human Reso i City: . E-Maii: oun i i ty Phone: State: Phone Extn: 3 Country: UNITED STATES OF AMERICA I 2 - Mobile: i I 0 e: Fax: 3 ERC source 3 - Interviewed?: Yes i - Walk Around: No i i Closmg Conference: No i 3 Opening Conference: Yes ?3 First Name: Elizabeth Street Address 1: i Last Name: Galiardo 5 Street Address 2: Job Title: Safety Manager City: g; E-Maii: oun Phone: i State: . - Phone Extn: Country: UNITED STATES OF AMERICA I i 3 . Mobile: 3 Zip Code: FaxInterviewed?: Yes i 11/22/2011 Inspection - . . - Page 4 of 5 i I Opening Conference: No - First Name: DOFU I i Street Address 1: Last Name: Jacobs 3 Street Address 2: Job Title: Maintenance Manager i i City: - E~Mail: 1 County: Phone: - I State: Phone Extn: i Country: UNITED STATES OF AMERICA Mobile: Zip Code: FaxInterviewed?: No I i Walk AroLInd: No - a Closing Conference: Yes 5 Opening Conference: No i First Name: Ronnie Street Address 1: Last Name: Hightower Street Address 2: . 3 I Job Title: Plant Manager i . City: E-Mail: 5 con Phone: 3 State: Ph Ext one n: i: Country: UNITED STATES OF AMERICA I i I - Mobile: Zip Code: Fax: i . i Interviewed?: No Walk Around: No I g- Closmg Conference: No Opening Conference: No 3 First Name: Billy 3 Street Address 1: 330 Pecan Road {a Last Name: Holland 3 Street Address 2: - i i Job Title: Safety Director i 5 City: DUDLEY ,g E-Mail: 2 County: WAYNE i Phone: 919-735-5010 5 3 State: NORTH CAROLINA Phone Extn: Country: UNITED STATES OF AMERICA Mobile: 919920-5462 3 Zip Code: 28333 - . i - Fax: 919-735-1055 union .. .. . . .. . Interviewed?: No Local: 880 Mail Citation Yes Union Name: UFCW First Name: ?moth'y Street Address 1: 3469 Wadsworth Rd Last Name: Mullins Street Address 2: E-Maii: City: NORTON Phone: 217-2415930 County: SUMMIT Phone Extn: . i . i State: OHIO Mobile: 330901-3506 i Country: STATES OF AMERICA Fax: '3 Zip Code: 44203 y? Employee Representative -- i .. . .2 .. 1 1/22/201 '1 Inspection - .- Page Walk Around: No Interviewed? No Street Address I Street Address 2: Last Name: 3 City: E-Mail: County: State: Phone Extn: Country: Mobile: Zip Code: Fax: First Name: Phone: i . . Employees Contacted i . . . . .. Narratlve Penalty Information Penalty Adjustment - i~ I =l History Employer has not had any federal OSHA inspections within the l! Justi?cation: past 5 years. 1 Size JusUfIcation: Good Faith Employer had a few HG serious vlolations more than 3 "high" 600d Palm 0 Justification: severity serious violations. Reduction: illstory: 0% Size Reduction: 0% Denial 0! Entry Info --Inspectlon History - -- -- -. . i. I Inspection History Records for Establishment inspection Site Address inspection "am; or 77252 1818 County Road 160 . WINESBURG. 44690 UNITED ore/302011 98599 1813 HG: OHIO: 44590 0-- 03/30/2011 -PreVIous Requests for Warrants - x' I All Warrants associalcd with the particular i - . .4..- . -. :y Inspection Number Site Address Warrant Type i i i 1. I gov/ pomal/ scrveml/ gate-w ay/ 3/ uto?action'l?ypc. . . 1 1/22/20 I 1 - U.S. DEPARTIVIENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: Case Farms Processing, Inc, dba Case Farms Chicken OSHA 77245 INFORMAL SETTLEMENT AGREEMENT The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and?penalties, which were issued on February 12, 2015, hereby agree as follows: 1. The Employer agrees to correct the violations as cited in the above citations or as amended below and to provide this of?ce with veri?cation of abatement in accordance with 29 CFR 1903.19. 2. The Employer agrees to pay the total penalty of $2000 on or before April 2015. If the penalty is not paid under the terms of this agreement, the Original total preposed penalty will become due and payable immediately plus any administrative fees, interest, and penalties incurred thereafter. See attached payment options. This is your noti?cation of payment due. No other statement or bill will be sent. OSHA does not accept cash. Payment may be made by check or money order made payable to Please indicate the inspection number on the remittance. Payment should be mailed to the following address: US. Department of Labor Occupational Safety and Health Administration 200 North High Street, Room 620 Columbus, Ohio 43215 OSHA does not agree to any restrictions, conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions or endorsements do not exist. 3. The Employer and OSHA agree that the following citations and penalties, if any, are being amended as shown below. Citations and penalties not referenced below remain unchanged Cit 3 Item 1: Abatement extended to April 20, 2015. Cit 3 Item 2: Abatement extended to April 20, 2015. 4. The Employer, by signing this agreement, hereby waives its rights to contest the above citation(s) and penalties, as referenced in paragraph 3 of this Agreement. 5. Each party agrees to bear its own fees and expenses incurred in connection with any stage of this proceeding. 6. The Employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the Violation(s) referred to in paragraph 3 above. This Settlement Agreement must remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. The Employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated to the Act. 8. Except for these proceedings, and matters arising out of these proceedings, and any other subsequent OSHA proceedings between the parties, none of the foregoing agreements, statements, ?ndings and actions taken by the respondent shall be deemed an admission by the respondent of the allegations contained within the Citations and Noti?cations of Penalty and the Complaint. 6/ ya the (j pational Safety and For: Case Farms Prodessing, Ill/6., dba Case Farms Chicken Health Ad inistration Deborah Zubaty, Area Director Max/L gar/76? Date 37%; Date NOTICE TO EMPLOYEES The law gives you or your representative the opportunity to obj eet to any abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in paragraph 3 of this Settlement Agreement must be mailed to the U. S. Department of Labor Area of?ce at: U.S. Department of 200 North High Street, Room 620 Columbus, Ohio 43215 Phone: (614) 4696582 Fax: (614) 469-6791 within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement. you or your representative also have the right to obj eat to any of the abatement dates set for in violations which were not amended, provided that the objection is mailed to the of?ce shown above within the 15 working day period established by the original citation. a} ATTORNEYS AT LAW Cleveland . 9150 South Hills Boulevard Suite300 Cleveland, OH 44147 (440) 838?8800 Tel (440) 838*8805 Fax Writer's Direct Dial: March 9, 2015 (440) 838?8800 ext. 2132 Writer's E-mail: jbrennan@laborlawyers.com VIA EMAIL AND REGULAR U.S. MAIL zubatv.deb@dol.gov Deborah J. Zubaty Area Director U.S. Department of Labor Occupational Safety and Health Administration Federal Office Building - Room 620 Columbus, OH 43215-2497 Re: inspection Number: 77245 InSpection Date(s): 06l30l2011 10(2512011 Issuance Date: Employer: Case Farms, Inc. and its successors 1818 County Road 160 Winesburg, OH 44690 Dear Ms. Zubaty: Enclosed with this letter is an executed copy of the Informal Settlement Agreement agreed to between the Occupational Safety and Health Administration and Case Farms Processing, Inc. d/b/a Case Farms Chicken. Thank you for working with the Company in resolving this matter. Because the Agency and the Employer were able to resolve this matter prior to the expiration of the informal settlement period, the Employer hereby withdraws its Notice of Contest in the above captioned matter filed with your office via letter dated March 3, 2015. if you have any questions or concerns, please feel free to contact the undersigned. 3 ph J. rennan cc: Case Farms Terry E. Lardakis, Esq. Atlanta Baltimore Boston Charlotte Chicago Ciaveiand Columbia Columbus - Dallas Denver - Fort Lauderdaie - Guifport - Hoestoo lnrine Kansas City Las Vegas - Los Angeles - Loulsvitie - Memphis - New Jersey - New Orleans Oriaado 0 Philadelphia Phaenix - Portland San Antonio San Diego San Francisco - Tampa Washington. DC FPDOCS 30432155.1 Zubaty, Deb - OSHA From: Brennan, Joseph Sent: Monday, March 09, 2015 11:52 AM To: Zubaty, Deb OSHA Subject: I I Case Farms, Insp. No. 77245; Abatement Citations Attachments: deborah Ms. Zubaty, Please see the attached correspondence. it contains the executed Informal Settlement Agreement and a withdrawal of the Company?s Notice of Contest. Thank you, oe Joseph J. Brennan Attorney at Law jbrennan@laborlawyers.com O: (440) 740?2132 9150 South Boulevard 1 Suite 300 Cleveland, OH 44147 Ba. P5 is n] Bio '3Website' Representing employers nationally in labor and employment matters Atlanta Baltimore Boston 1 Chariotte 1 Chicago Cleveland 1 Columbia Columbus Dallas 1 Denver Fort Lauderdale Gulfport Houston Irvine Kansas City Las Vegas Los Angeles Louisvilie Memphis 1 New England New Jersey New Orleans Orlando Philadeiphia 1 Phoenix i Portland San Antonio 1 San Diego San Francisco Tampa [Washington, DC This message originates from the iaw firm of Fisher Phillips LLP and may contain iegaily priviieged and confidentiai information intended soieiy for the use of the addressee. if you are not the intended recipient and have received this message in error, piease notify us at postmaster?iaboriawverscorn and piease deiete this message from your system. Any unauthbrized reading, distribution, copying, or other use of this message or its attachments is strictiy prohibited. From: Sharrer, Angela - Sent: Monday, March 9, 2015 11:49 AM To: Brennan, Joseph Subject: Case Farms Angela Sharrer Legal Secretary asharrer@laborlawyers.com O: (440) 740?2123 9150 South Boulevard Suite 300 Cleveland, OH 44147 ER. Representing employers nationally in labor and employment matters Atlanta Baltimore 1 Boston Charlotte i Chicago Cleveland 1 Coiumbia Columbus Dallas 1 Denver Fort Lauderdaie Gulfport i Houston i Irvine Kansas City Las Vegas Los Angeles Louisville 1 Memphis New England New Jersey 1 New Orleans Orlando Phiiadeiphia i Phoenix Portland San Antonio San Diego 1 San Francisco Tampa Washington. DC This message originates from the iaw firm of Fisher 8: LLP and may contain iegaiiy priviieged and con?dentiai information intended soieiy for the use of the addresses. if you are not the intended recipient and have received this message in error, piease notify us at oostmastertaziaboria wvers. com and piease deiete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictiy prohibited. Zubaty. Deb - OSHA From: Sent: To: Subject: Attachments: Thanks Deborah Zubaty Columbus Area Director 614?469-5582 614-469-6791 (fax) I Zubaty. Deb - OSHA Thursday, March 05, 2015 2:02 PM Brennan, Joseph OSHA Settlement-- Case Farms Processing CASE FARMS office. Your last date of contest is March 9, 2015. Also, thank you for assisting me in settling th Mr. Brennan, attached is an infomial settlement for your review. if you agree, please sign and re a? -case. It is appreciated. - U.S. OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: Case Farms Processing, Inc., dba Case Farms Chicken OSHA 77245 INFORMAL SETTLEMENT The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) and?penalties, which were issued on February 12, 2015, hereby agree as follows: 1. The Employer agrees to correct the violations as cited in the above citations or as amended below and to provide this of?ce with veri?cation of abatement in accordance with 29 CFR 1903.19. 2. The Employer agrees to pay the total penalty of $2000 on or before April 6, 2015. If the penalty is not paid under the terms of this agreement, the original total proposed penalty will become due and payable immediately plus any administrative fees, interest, and penalties incurred thereafter. See attached payment options. This is your noti?cation of payment due. No other statement or bill will be sent. OSHA does not accept cash. Payment may be made by check or money order made payable to Please indicate the inspection number on the remittance. Payment should be mailed to the following address: US. Department of Labor Occupational Safety and Health Administration 200 North High Street, Room 620 Columbus, Ohio 43215 OSHA does not agree to any restrictions, conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions or endorsements do not exist. 3. The Employer and OSHA agree that the following citations and penalties, if any, are being amended as shown below. Citations and penalties not . referenced below remain unchanged. Cit 3 Item 1: Abatement extended to April 20, 2015. Cit 3 Item 2: Abatement extended to April 20, 2015. 4. The Employer, by signing this agreement, hereby waives its rights to contest the above citation(s) and penalties, as referenced in paragraph 3 of this Agreement. 5. Each party agrees to bear its own fees and expenses incurred in connection with any stage of this proceeding. 6. The Employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the violation(s) referred to in paragraph 3 above. This Settlement Agreement must remain posted until the Violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. 7. The Employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated to the Act. 8. Except for these proceedings, and matters arising out of these proceedings, and any other subsequent OSHA proceedings between the parties, none of the foregoing agreements, statements, ?ndings and actions taken by the respondent shall be deemed an admission by the reSpondent of the allegations contained within the Citations and Noti?cations of Penalty and the Complaint. For the (25 pational Safety and For: Case Farms Processing, Inc, dba Case Farms Chicken Health Ad inistration Deborah Zubaty, Area Director Wgz?/i Date Date NOTICE TO EMPLOYEES The law gives you or your representative the opportunity to object to any abatement date i set for a Violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in paragraph 3 of this Settlement Agreement i must be mailed to the U. S. Department of Labor Area of?ce at: US. Department of LabormOSHA 200 North High Street, Room 620 Columbus, Ohio 43215 Phone: (614) 469-5582 Fax: (614) 469-6791 within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement. you or your representative also have the right to object to any of the abatement dates set for in Violations which were not amended, provided that the objection is mailed to the of?ce shown above within the 15 working day period established by the original citation. U.S. Department of Labor Occupation Safety and Health Administration Washington, D.C. 20210 Attention Employers: The Occupational Safety and Health Administration would like to announce a new electronic payment option available to you. You can make your payment electronically at On the left side of the pay.gov homepage, you will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. You can also use the direct link below. I I You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of $50,000 or more require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693-2170. US. Department of Labor . Occupational Safety and Health Administration 200 N. High Street Room 620 Columbus, OH 43215 Phone: 614?469-5582 Fax: 614-469-6791 Citation and Noti?cation of Penalty To: Inspection Number: 77245 Case Farms Processing, 1110., dba Case Farms Chicken Inspection Date(s): 06/30/2011 - 10/25/2011 and its successors Issuance Date: 02/12/2015 PO. Box 185 Winesburg, OH 44690 Inspection Site: 1818 County Road 160 Winesburg, OH 44690 7012 2210 00011866 6134 This Citation and Noti?cation of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates'listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and Noti?cation of Penalty you either call to schedule an informal conference (see paragraph below) or you mail a notice of contest to the US. Department of Labor Area Of?ce at the address shown above. Please refer to the enclosed booklet . (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a ?nding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation is affirmed by the Review Commission or a court: Posting The law requires that a copy of this Citation and Noti?cation of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or, if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. Informal Conference An informal conference is not required. However, if you wish to have such a conference you may request one with the Area Director during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty(ies). Citation and Noti?cation of Penalty Page i of 11 OSHA-2 If you are considering a request for an informal conference to discuss any issues related to this Citation and Noti?cation of Penalty, you must take care to schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to? contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference. If you decide to request an informal conference, please complete, remove and post the Notice to Employees next to this Citation and Noti?cation of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Right to Contest You have the right to contest this Citation and Noti?cation of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citationts) and/or proposed penaltv?es) within 15 working days after receipt, the citation(s) and the proposed penaltvfies) will become a final order of the Occupational Safetv and Health Review Commission and may not be reviewed by any court or agency. Penalty Payment Penalties are due within 15 working days of receipt of this noti?cation unless contested. I (See the enclosed booklet and the additional information provided related to the Debt Collection Act of 1982.) Make your check or money order payable to Please indicate the Inspection Number on the remittance. You can also make your payment electronically on On the left side of the pay. gov homepage, you will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is: You Will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of $50,000 or more require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693?2170. OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the full amount due, and will process the payments as if these restrictions or conditions do not exist. Noti?cation of Corrective Action For each violation which you do not contest, you must provide abatement certification to the Area Director of the OSHA of?ce issuing the citation and identi?ed above. This abatement certification is to be provided by letter within 10 calendar days after each abatement date. Abatement certificatidn includes the date and method of abatement. If the citation indicates that the violation was corrected during the inspection, no abatement certi?cation is required for that item. The abatement certi?cation letter must be posted at the location where the violation appeared and the corrective action took place or employees must otherwise be effectively informed about abatement aetivities. A sample abatement certi?cation letter is enclosed with this Citation. In addition, where the citation indicates that abatement documentation is necessary, evidence of the purchase or repair of equipment, photographs or video, receipts, training records, etc., verifying that abatement has occurred is required to be provided to the Area Director. Citation and Noti?cation of Penalty Page 2 of 11 OSHA-2 Employer Discrimination Unlawful The lawprohibits discrimination by an employer against an employee for ?ling a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may ?le a complaint no later than 30 days after the discrimination occurred with the U.S. Department of Labor Area Of?ce at the address shown above. Employer Rights and Responsibilities The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this noti?cation. Notice to Employees The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to the US. Department of Labor Area Office at the address shown above and postmarked within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Noti?cation of Penalty. Inspection Activity Data You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to these alleged violations will be posted when our system indicates that you have received this citation. You are encouraged to review the information concerning your establishment at gov. If you have any dispute with the accuracy of the information displayed, please contact this of?ce. Citation and Noti?cation of Penalty Page 3 of 11 OSHA-2 U.S. Department of Labor Occupational Safety and Health Administration NOTICE TO OF INFORMAL CONFERENCE An informal conference has been scheduled with OSHA to discuss the citati0n(s) issued on 02/12/2015. The conference will be held by telephone or at the OSHA of?ce located at 200 N. High Street, Room 620, Columbus, OH 43215 on at . Employees and/or representatives of employees have a right to attend an informal conference. Citation and Noti?cation of Penalty Page 4 of 11 - OSHA-2 CERTIFICATION OF CORRECTIVE ACTION WORKSHEET . Inspection Number: 77245 Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Issuance Date: 02/ 12/2015 List the speci?c method of correction for each item on this citation in this package that does not read ?Corrected During Inspection? and return to: US. Department of Labor Occupational Safety and Health Administration, 200 N. High Street, Room 620, Columbus, OH 43215 Citation Number and Item Number was' corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. Signature Date Typed. or Printed Name Title NOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shall, upon conviction, be punished by a ?ne of not more than $10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review Citation and Noti?cation of Penalty Rage 5 of 11 I US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspection Dawn): 06/ 3 0/ 2011 10/25/2011 - Issuance Date: 02/12/2015 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 3 Item 1 Type of Violation: Other-than?Serious 29 CFR Within ten calendar days after the abatement date, the employer must certify to OSHA (the Agency) that each cited violation has been abated, except as provided in paragraph of this section: a. The employer has failed to submit abatement certi?cation within ten days of the abatement date, June 17, 2013, for a violation of 29 CFR issued as citation 2, item 3, and described as follows: 0 At the workplace, the employer did not establish a tit test record of the most recent fit tests administered to each employee authorized to wear negative pressure respirators. b. The employer has failed to submit abatement certi?cation within ten days of the abatement date, June 17, 2013, for a violation of 29 CFR issued as citation 2, item 4, and described as follows: . . 0 As of September 14, 2011, employees designated and authorized to provide ?rst aid and CPR had not received annual bloodbome pathogen refresher training. Date By Which Violation Must be Abated: 03/20/2015 Proposed Penalty: . $1000.00 See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and empioyee rights and responsibilities. Citation and Noti?cation of Penalty Page 6 of It OSHA-2 US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration IHSPeCtion Bambi): 06/30/2011 10/25/2011 Issuance Date: 02/12/2015 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, 44690 Citation 3 Item 2 Type ofViolation: Other-than-Serious 29 CFR The employer must submit to the Agency, along with the information on abatement certi?cation required by paragraph of this section, documents demonstrating that abatement is complete for each willful or repeat violation and for any serious, violation for which the Agency indicates in the citation that such abatement documentation is required: a. The employer has failed to submit abatement certi?cation and documentation within ten days. of the abatement date, June 17, 2013, for a violation of 29 CFR settled as citation 1, item 1b, and described as follows: I The process safety information pertaining to the technology of the ammonia refrigeration system did not include the maximum intended inventory of ammonia. b. The employer has failed to submit abatement certi?cation and documentation within ten days of the abatement date, June 17, 2013, for a Violation of 29 CFR settled as citation 1, item 9, instance and described as follows: I The employer did not train at least one maintenance employee, who performed preventative maintenance on the 300 ton chiller RWC-3, on the operating procedures for that specific chiller. c. The employer has failed to submit abatement certi?cation and documentation within ten days of the abatement date, June 17, 2013, for a Violation of 29 CFR settled as citation 1, item 14c, and described as follows: . The employer did not determine and document an appropriate response to two of the . findings, PSM 12.41 and RM 15.8, on the compliance audit dated on or about March 30, 2009 through April 1, 2009. See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page of 11 OSHA-2 US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspection Date?i): 06/ 3 0/ 2011 10/25/2011 - Issuance Date: 02/12/2015 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 d. The employer has failed to submit abatement certi?cation and documentation within ten days of the abatement date, June 17, 2013, for a violation of 29 CFR issued as citation 1, item 21, and described as follows: 0 On er about June 30, 2011, in the 28 degree cooler, at least three employees who responded in an attempt to locate where the ammonia leak was originating had not received at least 24 hours of hazardous materials technician training. e. The employer has failed to submit abatement certi?cation and documentation within ten days of the abatement date, June 17, 2013, for a violation of 29 CFR issued as citation 1, item 22, and described as folloWs: . - I As of September 14, 2011, employees engaged in emergency response as ?rst responder operations level, hazardous materials technicians, and incident commanders had not received annual refresher training. f. The employer has failed to submit abatement certi?cation and documentation within ten days of the abatement date, June 17, 2013, for a violation of 29 CFR issued as citation 1, item 23, and described as follows: - On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been provided medical evaluations to determine each employees ability to use a respirator before the employee was. ?t tested and required to use a respirator in the workplace. g. The employer has failed to submit abatement certi?cation and documentation within ten days of the abatement date, June 17, 2013, for a violation of 29 CFR issued as citation 1, item 24, and described as follows: - I On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been ?t tested prior to initial use. - See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 8 of 11 OSHA-2 US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspection Date(3)= 06/ 3 0/2011 10/25/2011 Issuance Date: 02/ 12/2015 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 h. The employer has failed to submit abatement certi?cation and documentation within ten days of the abatement date, June 17, 2013, for a Violation of 29 CFR issued as citation 1, item 25, and described as follows: 0 On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had notbeen provided respirator training prior to being required to use a respirator. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date By Which Violation Must be Abated: 03/20/2015 Proposed Penalty: $1000.00 I Deborah .I ZuIZaty Area Director See pages 1 through 4 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penaity Page 9 of 11 U.S. Departmentof Labor Occupational Safety and Health Administration 200 N. High Street Room 620 Columbus, OH 43215 Phone: 614-469?5582 Fax: 614-469-6791 INVOICE DEBT COLLECTION NOTICE Company Name: Case Farms Processing, Inc., dba Case Farms Chicken InSpection Site: 1818 County Road 160, Winesburg, OH 44690 Issuance Date: 02/12/2015 Summary of Penalties for InSpection Number I 77245 Citation 3, Other-than?Serious $2000.00 TOTAL PROPOSED PENALTIES $2000.00 To avoid additional charges, please remit payment to this Area Of?ce for the total amount of the uncontested penalties summarized above. Make your check or money order payable to: Please indicate OSHA's Inspection Number (indicated above) on the remittance. You can also make your payment electronically on 0V. On the left side of the pay. gov homepage, you Will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing Heuse (ACH) using-your banking information. Payments of $50,000 or more require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693?2170. OSHA does not agree to any restrictions or conditions or endorsements put on any check, money order, or electronic payment for less than the full amount due, and will cash the check or money order as if these restrictions or conditions do not exist. If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will then usually occur within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. If the EFT cannot be completed because of insuf?cient funds or closed account, the bank will attempt to make the transfer up to 2 times. Citation and Noti?cation of Penalty Page 10 of 11 OSHA-2 Pursuant to the Debt Collection Act of 1982 (Public Law 97-3 65) and regulations of the US. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs 'for the collection of delinquent penalty debts for violations of the Occupational Safety and Health Act. Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is one percent Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a ?nal order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the Citation and Noti?cation of Penalty), unless you ?le a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the ?nal order. Delinquent Charges: A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent per annum will be assessed accruing from the date that the debt became delinquent. Administrative Costs: Agencies of the Department of Labor are required to assess additional charges for the recovery of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed. for demand letters sent in an attempt to collect the unpaid debt. I Deborah J. Zuba Area Director Citation and Noti?cation of Penalty Page 11 of It OSHA-2 US. Department of Labor Occupational Safety and Health Administration Columbus Area Of?ce 200 N. High Street Room 620 Columbus, OH 43215 . Phone: (614) 469-5582 Fax: (614) 469-6791 December 2, 2014 Ronnie Hightower Case Farms Processing, Inc. PO. Box 185 Winesburg, OH 44690 RE: OSHA Inspection No. 77245, Citation and 2, All Items Citation Issuance Date(s): December 27, 2011 Dear Employer: The Abatement Veri?cation standard (29 CFR 1903.19) requires employers to provide OSHA with certi?cation that violations have been abated and, in some instances, documentation of that abatement. You are required by this regulation to submit to OSHA a "Certi?cation of Abatemen listing corrective action taken and the date of correction for each item in a citation unless the item is. annotated with "Corrected During Inspection" or "Quick Fix?. We have not received documented corrective action from you regarding each violation described in the citation referenced above. Documents needed to assure that corrective action has been taken, include but are not limited to photographs, videos, work orders, purchase orders, standard operating procedures, copies of any written programs, noise or atmospheric monitoring data, speci?cations (dimension, materials, etc.), or descriptions of personal protective equipment, administrative controls and engineering controls. Your responsibility to provide such documentation is addressed in OSHA Pamphlet 3000, "Employer Responsibilities and Courses of Action Following an OSHA Inspection", 3. copy of which was transmitted to you along with the original citation. Page 7 of the booklet states that for violations which you do not contest, you must notify this of?ce by letter that you have taken appropriate corrective action within the time set forth on the citation. Please be advised that if documentation of abatement is not received by this of?ce by December 9, 2014, a Citation and Noti?cation of Penalty will be issued for a violation of 29 CPR which may contain monetary penalty and/or a follow-up inspection may be conducted. For your convenience, a certi?cation form is attached. - If you have any questions regarding this matter, please contact your local OSHA Area Of?ce. The contact information is listed on the ?rst page of this document. Your personal support and interest in the safety and health of your employees is appreciated. Sincerely, David Wi son Assistant Area ivv CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 77245 Company Name: Case Farms Processing, Inc. Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Issuance Date: 12/ 19/2013 List the speci?c method of correction for each item on this citation in this package that does not read During and return to: U.S. Department of Labor Occupational Safety and Health Administration, 200 N. High Street, Room 620, Columbus, OH 43215 Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number I was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. Signature Date Typed or Printed Name Title NOTE: 29 USC 666(g) whoever knowingly makes any faise statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shall, upon conviction, be punished by a ?ne of not more than $10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review. CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 77245 Company Name: Case Farms Processing, Inc. Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Issuance Date: 12/ 19/2013 List the speci?c method of correction for each item on this citation in this package that does not read During and return to: US. Department of Labor Occupational Safety and Health Administration, 200 N. High Street, Room 620, Columbus, OH 43215 Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): I certify that the informatidn contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. Signature Date . Typed or Printed Name Title NOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shall, upon conviction, be punished by a ?ne of not more than $10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review. CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 77245 Company Name: Case Farms Processing, Inc. Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Issuance Date: 12/19/2013 List the speci?c method of correction for each item on this citation in this package that does not read During and return to: U.S. Department of Labor Occupational Safety and Health Administration, 200 N. High Street, Room 620, Columbus, OH 43215 Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. Signature Date Typed or Printed Name Title NOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shall, upon conviction, be punished by a fine of not more than $10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review. CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 77245 Company Name: Case Farms Processing, Inc. Inspection Site: 1818' County Road 160, Winesburg, OH 44690 Issuance Date: 12/ 19/2013 List the speci?c method of correction for each item on this citation in this package that does not read During and return to: U.S. Department of Labor Occupational Safety and Health Administration, 200 N. High Street, Room 620, Columbus, OH 43215 Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. Signature Date Typed or Printed Name Title NOTE: 29 USC 666(g) whoever knowingly makes any false statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shall, upon conviction, be punished by a ?ne of not more than $10,000 or by imprisonment of not more than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review. U.S. Department of Labor Office of the Solicitor 881 Federal Office Building 1240 East Ninth Street Cleveland, Ohio 44199 Reply to the Attention of: (216) 522?38 9 (216) 522-7172 (F DATE: August 8, 2013 AREA MEMORANDUM FOR: DEBORAH J. ZUBATY 1 "mm-'05 WLUMBU omo OSHA Area Director, Columbus Area Office l/Og?yiV oli FROM: BENJAMIN T. CHINNIE Associate Regional SUBJECT: Secretary of Labor v. Case Farms Processing, Inc. dba Case Farms Chicken OSHRC Docket No. 12?0161; 12-0162; 12-0950 Insp. No. 77245, 75252, 107981 SOL No. 32812, 32811, 33049 The investigation files for the referenced case are enclosed. The final order date was May 11L 2013. We are considering this matter closed. In addition, the following documents are enclosed: Stipulation and Settlement Agreement Other: 1. Notice of Docketing 2. Notice of Order Report 3. Order Approving Settlement Note: The $146,000.00 penalty is due to your office in installments. See paragraph 4 of the Stipulation and Settlement Agreement. Enclosures SOL: BTC: ca . . AND lemme 'comosSIoN SECRETARY OF Complainant: . OSHRC Dockethos, 12-0161, 12-0162 12"0950 Impetion Nos. I I 7:72:45, CASE FARMS dba CASE FARMS .CHICKEN REGION Respondent-,- SETTLEMENT In settlement disposition of the issues in this proceeding, it is hereby Stipulath and agreed by and betwee'n'the' parties,- Secretary of Labor (?Secretary?), and Case Processing, Cage Farms Chicken (?Respondent?), That; 1. Fear. Inspect?mEmmoe?jms, Docket. 12-. M57409 a. Citation 1, Items 2 and :3 are grouped and af?rmed as One Serious violation With b. Citation Items? 5 and 6 are gmuped and af?mjled as one serious Violation with at $7,000.00 penalty. 6. Citation 1-, Items 7 and 8 are grouped and af?rmed as one serious violation with a $7,000.00 penalty.- Citation Item 9 "is af?rmed as a serioUs violation with a $3,500.00 penalty. e. Citation 1, Item 10 is affmned as a serious violation with at $3,000.00 penalty. f. Citation 1, Item 11 is af?rmed as a SeriOus violation with a 2,000.00 penalty. g. Citation .1, Item, 12 instance is deleted. Citation 1, Item 12, is af?nned as a Serious violation with a $3,000.00 penalty. h. Citation 1, Item 13 is affirmed as a serious vii-elation with a $3,000.00 penalty. i. The Citation -1, item 18 is" attended by moving the Alleged Violation Description for-Citation, 1, Item 19 so that it is cited as instance Within CitatiOn 1, Item 18. Following this amendment, Citation 1, Item 19 is 'd?16t?d-. j. Citation 1, Items 14amend-eel herein, are grouped and af?rmed as one seriOus violation with '01 $6,500.00 penalty. Citation 1, Item 20 is af?nned as a serious Violation with 21 $3,000.00 penalty. 1. Citation 1, Item 21 is affirmed as a serious violation With a $3,000.00 penalty. m. Citation 1, Item 22 is af?rmed as a Serious violation with a $2,500.00 penalty,- n. Citation 1, Item 23 is af?rmed as a serious violation with a $2,000.00 penalty, 0. Citation 1, Item 24 .is affirmed as a serious violation with a $2,500.00 penalty. p. Citation 1, item 25 is af?rmed as a serious violation With a $2,400.00 penalty. q. Citation 1, Item 26 is af?rmed as a seriOus violation With a $2000.00 penalty. r. Citation 2, Item 1 is af?nned as an other?than?serious Violation with no penalty. 5. Citation 2, Item 2 is af?rmed as an other-athan-serious violation with no penalty. t, Citation 2, Item 3 is af?rmed as an other-thanuserious ViOlation with no penalty. 11. Citation 2, Item 4 is affmned as an other-thansseriOus violation With no penalty. 2. For inspection Numbor 77252. Docket 112? 01162 {?Safetv?a $9350.00}: a. Citation 1, Items 1, 2, 4, and 5 are grouped and af?rmed as one serious violation with a $6.3 00.00 penalty.- b. Citation 1, Items 6 and 7 are grouped and af?nned as one serious violation with a $7,000.00 penalty. 0. Citation 1, Itein 8 is af?rmed as a serious Violatidn with a $2,500.00 penalty. d. Citation 1, Item 9 is af?rmed as a serious violation with a $2,000.00 penalty. e. Citation 1, Items 10, 11a and 11b are giOuped-and affirmed as, one serious violation with a $7,000.00 penalty. f. Citation 1, Item 12 is 'af?nned as a serious" violation With 3 $2,250.00 penalty- . g. Citation 1,?1tein 13 is affirmed as a seriOus violation width a $2,250.00 penalty. 11. Citation .1. Item 14 is af?nned as; a. serious Violation Wi?l at $2,500.00 penalty. i. Citation 1, Item 15 is af?rmed as "a serious Violation with a $2,500.00 penalty. j, Citation 1, Items 16a and 16b" are af?nned as a serious .Vi61at10n with a $2,000.00 penalty, Citation 1, Item 17 is af?m'ied as a serious violation with a $2,000.00 penalty. 1. Citation 1, Item 18 is affirmed as a Serious violation with a $2,000.00 penalty. in. Citation 1, Items 19a and 19b are a?ir'med as a serious violation with a $2,000.00 penalty. 11. Citation 1, Item 20 is af?rmed as a serious violation with a $2,000.00 penalty. 0. Citation 1, Item 21 is affirmed as _a serious violation with a $3,050.00 penalty. p. Citation 1, Item 22 is affirmed as a Serious violation a $3,000.00 penalty. q. Citation Items 23a ?and 23b are af?tmed as a serio?s violation With 0. $2,000.00 penalty. r. Citation 1, Item 24 is affirmed as a serious Violation with 'a $3,000.00 penalty. Citation 1, Items 25a and 251) are af?rmed as a serious violation with a $2,000.00 penalty.- t. Citation 2, Item 1 is 'af?nned as an otherethan?seriolts violation with no penalty. 3. For. .Insaection Number 307981, .. .Doeket. 012?0950 011425000: a, Citation 1, Item 1 is affirmed as a serious ViolatiOIi With 0. $6,000.00 penalty. b. Citation 1, Item 2 is af?nned as a serious violatiOn with a $250.00 penalty. 0. The Classi?cation for Citation 2, Item 1 is amended from I ?willful?other? to ?repeat-other.? d. Citation 2, Item 1 is amended to delete the following ?fteen (15) instances: a, c, f, g,Citation 2, Item 1, as amended herein, is af?rmed as a repeat?other violation with a $25,000.00 penalty. 4. Penalty: The total penalty for these cases is $146,000.00. The Respondent agrees to pay this $146,000.00 penalty in" quarterly inStallInents' as follows: a. $36,500.00 by April 2013, b. $36,500.00 by July 1, 2013, c. $36,500,00 by October 1, 2013, and d. $36,500.00 by January 2, 2014. If the Respondent fails to pay an installment ten' (10) day's of the date that it is due, the entire remaining balance of the $146,000.00 penalty shall become due immediately. The RespOndent agrees to send each installment check, payable to to the US. 'Departinent of Labor, Decapatio'n'al Safety and l-Iealth Administration?s COlumbus Area Of?ce, at: 200 North High Street, Suite 620, Columbus, Ohio 43215 Area Of?ce?). There is no penalty for paying the balance before it is due. Abatement Veri?cation: The Respondent represents that the Conditions cited in the Citations have been abated or will be abated. The Respondent agrees to send an abatement certi?Cation letter aIOng with abatement documentation, in actiordance with C.F.R. 1903.19, signed by an appropriate company of?cial, to the Columbus Area OSHA Of?ce (200 North High Street, Columbus, Ohio 43215-2497). Pursuant to 29 CPR. the Respondent is not required to certify abatement fer Citatidn 1, Item 2 of Inspection Number 107981, since, as noted in the Citation, it corrected this violation during the inSpection. 6. Recordkeeping: a. The ReSpondent Will revise its ?Notice to Supervisors? dated October 26, 2012 to include supervisory discipline, When necessary, and will enforce this notice. The Respondent will include the revision date on its revised NotiCe to supervisors and will send a copy of this revised notice to Columbus Area Of?ce by April 15, 2013. b. The Respondent will create a pOSting' regarding the rights and methods to report workplaee injuries and illnesses to superviSOr's and will translate this postitlg' into the native ..larisuages Spoken. by its. employees. This posti?g Willinslude an explanation iof the injury and illness reporting memodsj. This postth will be placed pennane'ntly on an employee bulletin board. The saute" information be. disseminated to each new employee during the. __or.ie_nteti_on "period; The Respondent will sends Cosy bf this p'osting to Columbus Area. Of?oe by April 15,2013. 0. The_Re_spon'dent win pro?de the-2012 OSHA 300 Log and__t.he Signed OSHA. Form 300A to Coldmbus Area Of?ce by May 2013. d. The managerts) or supervisors) Will be responsible for the administration of recordkeeping 'Iwill complete 'a r'ecor'dlteeping course, such as On-line recordlte'ep_ing course which is aVailable at mosharg'ovl. The Respondent Will send certification to Columbus ?res Of?ce contouring the participant named) and completion 'daLte(s_) for this training by May 1, 52013. Antitrust Safety and Health Audits: The ReSpondent will retain .a quali?ed to perform an annual comprehensive safety and health audit for two years. A signed copy of each audit will be Sent to Columbus Area Of?ce by September 15, 2013 September 15,2014. Each audit will contain a list of corrective aetions, ?ndings of the consultant and remedies thereto. 8. Process Safety Management The" Respondent agrees to hire a consultant who has expertise in process safety management "with a speci?c emphasis on menial system's (?third?party consultant?) to "perform the tasks delineated in this paragraph with the assistance of Respondent?s employees, designated by Respondent, who have knowledge of Respondent?s amrnonia system (?Process Hazard Analysis Team?). The Respondent will provide quarterly progress reports of these activities to Columbus Area Of?ce for the one-year time peridd covering October 1, 2013 through September 30, 2014. The reports. will be due 30 days following the end of the quarter beginning With the fourth calendar-year quarter of 20-13.. For the purposes of this, paragraph as well as future Compliance, the Respondent agrees that the employees whom it delegates to perform tasks for compliance with the PSM standard will be appr'opriately'trained and. quali?ed, Hazard Analysis (twist) Feei?ity Siting and Human he were: The Respondent,- along with the Team,- Will review and, where appropriate, revise the Respondene'S-PHA methodolosrfer Feeility' 7-?Siting' and Faete'r's tel eom'pjly with applicable reeos?zed generally accepted seed eesmeering ?racitiees ii), The. Remnant that the PHAfte'am members. must understandciurent and methodologies and have accesS to past, esteemed. ?remeFacili-ty Siting studies: and Hanan'Faotor impacts; The. Respondent will take appropriate aetion to effeemate this understanding and acee'ss. 13:) Employee..Pertieinetiee: In empioyee panicipetien nits PSM the. Respondent Will. "and .pi?OVide additional snidanee to "employees regarding access to PHA and .meident investigations and PSM andit aetion' items.- Aoc'ess to these documents will be available Within 24 hours of request. Process I The Respondent, along with the PHA team, will review and, Where appropriate, "revise its methbd'ology for evaluating, compiling and maintaining process safety information including Process Instrumentation Diagrams PM. GterdeeRecommendation: The senior PHA team. employee will report to the management of?cial any PHA items Which have not been addressed by the action date and, track these items to completion. . Mechanical Integrity: The Respondent, along with the PHA team, will perform a comprehensive audit of the mechanical integrity program, The Respondent will 'perfonn updates, as necessary, and take appropriate actions based on the audit ?ndings. Respondent, along the PHA team,- will irnplement a relief device inspection program that-establishes appropriate inspeetion intervals based on 'preVious history "rebogniZed and generally aeoepted good engineering practices/RAGAGEP. The Respondent will consider the of its FHA Team to develop adeQuate and approp?ate Staf?ng" necessary to improve and implement the mechanical integrity program. incident The Respondent virill evaluate and, as neCessary, revise its PSM investigation procedures Within the meaning of the PSM regulatiOns, and utilize its incident inVeStigation process, Where appropriate, to address process safety incidents. a) Compliance Audits: I Audit ?ndings Will be speei?cally identi?ed,- assigned deadlines, tracked to completion. Mechanical integrityand other PSM issues identi?ed by inspections, PHA's, incident" inVestigat_ions and other ?processes will be "provided to PSM auditors prior to the start of the triennial PSM inSp?c?oni 9. Entensio'ns: Decu'mented reasonable requests for an extension (if any of the deadlines in paragraphs 31}: (6) through eight (8) of Agreement will not be unreasonably denied by Columbus Area Of?ce.- 10. inspections" Without Warrant: The Respondent agrees that OSHA may conduct inspections without a warrant at the Re5pondent?s Winesburg, Ohio facility during the calendar years 2013 and 2014, provided that OSHA has probable cause. 11. The Respondent hereby withdraws its Notice of Contest with respect to the Citation and proposed penalty, as modi?ed by the terms of this Agreement. 12, The parties agree to the entry of a ?nal order consistent with the terms of this Agreement. 13. Each party agrees to bear its own attorney fees, costs and other expenses incurred by such party in connection With any stage of the above-captioned proceeding including, but not limited to, attorney fees Which may be available under the Equal Access to Justice Act, as amended. 14. Eicoept for these proceedings; and matters: arising out of these proceedings, and any other subsequent proceedings between the parties, Ilene of the foregoing agreements, statements, ?ndings, and aetions taken by Respondent shall be deemed an admission by Respondent of the allegations contained the Citation Notification of Penalty and the Complaint. The agreements, Statements, ?ndings, and .aetions taken herein are made for the pulpos'e of compromising and settling this matter economically and amicably, and. it is this parties" intentthat they shall not be used. for any other purpose What'soeve'r, except as herein stated. 10 15 The Respondent certifies that, purSUant to Review Connoission rules 7 and 100, a cepy Of this Agreement will be posmd on . Eli-ear? 2013. at the cited Workplace in a trimmer that will afford notice to affeeted employees,_ or, if Work at this workplace has been cempleted, at a place that will afford such riotiee, and that the Agreement will remain posted for the next ten (1 day's immediately following this date. FOR-RESPONDENT: Date; 9 97,! . . x? - fig?; 5 x? if *7 If}! I L, if, :Ij?fir-r 2 2/ - - Attorneiis for Re'SPoneent FiSher Phillip's,_ LLP 9150 South Hills Blvd., Suite 300 Cleveland,_ Ohio 44147?3599 (440)838?8800 (440)833-3305 (fax) 3.1 FOR COMPLAINANT: Date; .. -WCHE1LLEMJDEBALTZOQ ESQ. Attorneys for" Complainant U.S. 'Departmentof Labor Of?ce of the solicitor 881 Federal OffiCe Bldg. 1240 East Ninth Street Cleveland, 44199 I (216) 522-3879; (216) 522-3869 (216) 522-7172 (Fax) OF SETH HARRIS Acting Secretary of Labor, Successor to Hilda L. Solis CHRISTINE Z. HERE Regional Solicitor BEN-FAWN T. CW1 Associate Regional Solicitor NGTICE Any 13th (ineluding any eutho?zed employee representative of affected employees and any affected employee not represented by an authorized representative) who has any objeetion to the entry of ap. order as; set forth __sholild communicate such objections Within ten (10) day's" 0f the posting of this Agreement to: I Judge Carelyn Baumerieh Occupational Safety Health ReVie'w commission One Lafayette Center 11320 20th- Fleet . . _.Weehiegtee 2003.64.41.95 (202) 5.055405; (202) 60.645409 (Fax) A copy of Said "objection should also be sent to: Terry E. Lardak'is, Esq. 10mph J, Brennan?sq. Fisher Phillips 9150 South Hills Beuleyeied, Suite 300 Cleveland, Ohio 44147-3599 (440) 838-8805 (Fax) and Michelle M. 'DeBaltzo, Esq. Mary L- Bradley,- Esq- Department of LabOr Of?ce. of the:.Solicitor 881 Federal Of?ce Building 1240 East Ninth Street Cleveland, Ohio 44199 (216) 522-3879; (216) 522-3869; (216) 522-7172 (Fax) 12 United States of America OCCUPATIONAL SAFETY AND HEALTH REVIEW 1120 20th Street, NW, Ninth Floor Washington, DC 2003 6?3457 Phone: (202) 606-5400 Fax: (202) 606?5050 Secretary of Labor, Complainant, v. Region: 105 Case Farms Processing, Inc., d/b/a Case Farms Chicken, OSHRC Docket Nos: 12?0161, Respondent. 12-0162 12?0950 Notice of Docketing Of Administrative Law Judge?s Decision The Administrative Law Judge?s Report in the above referenced case was docketed with the Commission on 4/16/2013. The decision of the Judge will become a ?nal order of the Commission on 5/16/2013 unless a Commission member directs review of the decision on or before that date. Any party desiring review of the judge?s decision by the Commission must ?le a petition for discretionary review. Any such petition must be received by the Executive Secretary on or before 5/6/2013 in order to permit suf?cient time for its review. See Commission Rule 91, 29 CPR. 220091. All further pleadings or communications regarding this case shall be addressed to the Executive Secretary with a copy to the DOL Solicitor at the address below. Executive Secretary Charles F. James, Counsel for Appellate Litigation Occupational Safety and Health Review Commission Heather R. Phillips, Counsel for Appellate Litigation 1120 20th St., N.W., Suite 980 Of?ce of the Solicitor, U.S. DOL Washington, D.C. 20036-3419 Room S4004 200 Constitution Avenue, NW. Washington, D.C. 20210 If directed for Review by the Commission, then the Counsel for Appellate Litigation will represent the Department of Labor. If you have questions, please contact the Executive Secretary?s Of?ce at (202) 606?5400. Ray H. Darling, Jr. Executive Secretary Date: April 16, 2013 Stella Acree, Legal Clerk This notice has been Sent to: For the Complainant: Benjamin T. Chinni Associate Regional Solicitor Of?ce of the Solicitor, U.S. DOL Federal Of?ce Building 1240 East Ninth Street, Room 881 Cleveland, OH 44199 Attorney: Terry E. Lardakis Fisher Phillips LLP 9150 South Hills Boulevard, Suite 300 Cleveland, OH 44147 United States oi?America OCCUPATIONAL SAFETY AND HEALTH REVIEW 120 20th Street, Ninth Floor Washington, DC 20036-3457 ?a . . asj?qlf .. . Flat}: (202)6'066'409? awn-.4, Iii-?5211" I . fill-ii? trues. . . phone: #1202) 6506:;5405 if I I I r?i ful'vli - pa .3 I. I Notice of Order and Report - . In Refer nee "w .. Secretary of Labor v. CASE FARMS PROCESSING, INC. d/b/a CASE FARMS CHICKEN OSHRC Docket No. 12-0161, 12?0162 12-0950 1. Please take notice that the accompanying order approving the settlement agreement pursuant to 29 CPR. 2200.100, the settlement agreement itself, and all other papers comprising the record shall be sent to the Review Commission?s Executive Secretary, and shall constitute the report of this Administrative Law Judge for the purpose of 29 U.S.C. Section 6610). 2. Any request for relief from clerical mistakes or errors arising from oversight or inadvertence must be in the form of a written motion (See 29 C.F.R. 2200.40). The motion should be directed to the Review Commission as follows: Executive Secretary Occupational Safety and Health Review Commission 1120 20th Street, NW. - 9th Floor Washington, D.C. 20036-3457 3. The Executive Secretary shall make an appropriate referral of any request for relief. 4. The order shall become ?nal thirty (30) days from the date of its docketing by the Executive Secretary, unless review thereof is directed by a Commission Member within that time. 29 U.S.C. Section 6610). Ma. Honorable Carol A. Baumerich Judge Dated: ?iipmi- Washington, D.C. UNITEDSTATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SECRETARY OF LABOR, Complainant, Nos. &12-0950 Inspection Nos. 77245, 77252 107981 CASE FARMS PROCESSING, INC, 1 dba CASE FARMS CHICKEN, REGION Respondent. ORDER APPROVING SETTLEMENT The Commission has jurisdiction over the subject matter of the case and over the parties by virtue of the ?ling of a timely notice of contest. The stipulated settlement between the parties filed on l3 has been considered. The settlement agreement has been served on all parties and authorized employee representatives and posted in the manner prescribed by Commission Rule Ten (10) days have passed since service and posting and no objection to the settlement has been filed. The settlement is approved under 5 U.S.C. 554(c)(1) and Commission Rule 100. The terms of the stipulated settlement are incorporated, in their entirety, by reference in this order. 1/Rules of Procedure of the Occupational Safety and Health Review Commission, 29 C.F.R. l, as amended, 70 Fed. Reg. 22,785 et seq. (May 3, 2005). The order shall become ?nal thirty (30) days from the date of its docketing by the Executive Secretary, unless review thereof is directed by a Commission Member within that time. 29 U.S.C. 6610). MCL . Judge Carolw A. Baumerieh Occupational Safety and Health Review Commission 1120 20th Street, N.W., Room 980 Washington, DC 20036-3419 Dated: SEN COMPLETE THIS SECTION COMPLETE THIS SECTION 0N DELIVERY Cage Farms-19f 'dha EageirFa-m '?hmka Buzz 185. - Minesburg, 13H 645% anaj WEBB - _.{Trar13fer from same E599 U.S. Department of Labor Occupational Safety and Health Administration 200 N. High Street, Room 620 Columbus, OH 43215 Phone: 614~469?5582 Fax: 614-469-6791 - To: . InspeCtion Number: 77245 Case Farms Processing, Inc., dba Case Farms Chicken Inspection Date(s): 06/30/2011 10/25/2011 and its successors Issuance Date: 12/27/2011 PO. Box 185 Winesburg, OH 44690, InSpection Site: 1818 County Road 160 Winesburg, OH 44690 This Citation and Noti?Cation of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed herein is (are) based on these violations. You must abate the Violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) from your receipt of this Citation and Notification of Penalty you mail a notice of contest to the U.S. Department of Labor Area Of?ce at the address shown above. Please refer to the enclosed booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute a ?nding that a violation of the Act has occurred unless there is a failure to contest as provided for in the Act or, if contested, unless this Citation. I is affirmed by the Review Commission or a court. Posting - The law requires that a copy of this Citation and Noti?cation of Penalty be posted immediately in a prominent place at 'or near the location of the violation(s) cited herein, or, if it is not practicable because of the - nature of the employer's operations, where it will be readily observable by all affected This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. The penalty dollar amounts need not be posted and may be marked out or covered up prior to posting. Citation and Notification of Penalty Page i of 29 9/93) Informal Conference - An informal conference is not required. However, if you wish to have such a conference you may request one with the Area Director during the 15 working day contest period. During such an informal conference you may present any evidence or views which you believe would support an adjustment - to the citation(s) and/or penalty(ies). . If you are considering a request for an informal conferencevto discuss any issues related to this Citation and Noti?cation of Penalty, you must take care to schedule itearly enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Area Director within 15 working days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference. If you decide to request an informal conference, please complete, remove and post the Notice to Employees next to this Citation and Noti?cation of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement stepstaken thus far. If conditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Right to Contest You have the right to contest this Citation and Noti?cation of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that you intend to contest the citation(s) and/or proposed penaltvties) within 15 working days after receipt. the citation(s) and the proposed penalty?es) will become a ?nal order of the Occupational Safetv and Health Review Commission and may not be reviewed by any court or agency; Penalty Payment Penalties are due within 15 working days of receipt "or this noti?cation'unless contested. (See the enclosed booklet and the additional information provided related to the Debt ColleCtion Act of 1982.) Make your check or money order payable to Please indicate the Inspection Number on the remittance. . OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, 'and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. - Noti?cation of Corrective Action For each violation which you do not contest, you must provide abatement certi?cation to the Area Director of the OSHA of?ce issuing the citation and identi?ed above. This abatement certi?cation is to be provided by letter within 10 calendar days after each abatement date. Abatement certi?cation includes the date and method of abatement. If the citation indicates that the violation was corrected during the inspection, no abatement certi?cation is required for that item. The abatement certi?cation letter must be posted at the location where the violation appeared and the corrective action took place or employees must otherwise be effectively informed about abatement activities. A sample abatement certi?cation letter is enclosed with-this Citation. ln-addition, where the citation indicates that abatement documentation is necessary, evidence of the purchase or repair of equipment, photographs or video, receipts, etc., verifying that abatement has occurred is required to be provided to the Area Director. Employer Discrimination Unlawful The law prohibits discrimination by an employer against an employee for ?ling a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may ?le a complaint no later than 30 days after the discrimination occurred with the US. Department of Labor Area Of?ce at the address shown above. Citation and Noti?cation of Penalty Page 2 of29 9193) Employer Rights and Responsibilities The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in, conjunction with this noti?cation. Notice to Employees The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she believes the date to be unreasonable. The contest must be mailed to the US. Depaitment of Labor Area Office at the address shown above-and postmarked Within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Noti?cation of Penalty, Inspection Activity Data You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to these alieged violations will be posted whenour system indicates that you have received this citation, but not sooner than 30 calendar days after the citation issuance date. You are encouraged to review the information concerning your establishment at gov. If you have" any dispute with the accuracy of the information displayed, please contact this of?ce. Citation and Noti?cation of Penalty Page 3 of 29 9:93) US. Department of Labor Occupational Safety and Health Administration NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with OSHA to discuss the citation(s) issued on December 27, 2011. The conference Will be held at the OSHA of?ce located at 200 N. High Street, Room 620, Columbus-OH 43215 on . I . at Employees and/ or representatives Of employees have a right to attend an informal conference. Citation and Noti?cation of Penalty Page 4 of 29 9f93) CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspection Number: 77245 Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Issuance Date: December 27, 2011 List the speci?c method of correction for each item on this citation in this package that does not read ?Corrected During Inspection? and return to: US. Department of Labor Occupational Safety and Health Administration, 200 N. High Street, Room 620 Columbus, OH 43215 Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number . was corrected on By (Method of Abatement): - Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement):v I certify that the information contained in this document is accurate and that the affected employees and their representatives have been informed of the abatement. Signature Date Typed or Printed Name Title NOTE: 29 USC 666.(g) whoever knowingly makes any false statements, representation or certi?cation in any application, record, plan or other documents ?led or required to be maintained pursuant to the Act shall, upon conviction, be punished by a ?ne of not more than $10,000 or by imprisonment of not more 'than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review Citation and Noti?cation of Penalty Page 5 of 29 9J93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration InSPeCtion Datqs): 06/30/2011 10/25/2011 - Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc}, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 1 Type of Violation; 29 CFR Information concerning the technology or the process shall include a block ?ow diagram or simpli?ed process ?ow diagram (see Appendix to this section): a. The block ?ow diagram for the ammonia refrigeration system was not updated and accurate in?that the 300 ton chiller screw compressor C-8, evaporative condenser EC-3, and thermosyphon vessel TSV were not identi?ed. - . - ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: I 01/26/2012 Proposed Penalty: - $5000.00 Citation '1 Item 2 Type ofViolation: Serious 29 CFR Information concerning the technology of the process shall include maximum intended inventory: a. The process safety information pertaining to the technology of the ammonia refrigeration system did not include the maximum intended inventory of ammonia. ABATEMENT DOCUMENTATION IEQUIRED FOR THIS ITEM Date by'which Violation must be Abated: 01/26/2012 Proposed Penalty: I $5000.00 Citation and Noti?cation of Penalty Page 6 of 29 9/93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspection Dads): 06/30/2011 10/25/2011 I Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 3 Type ofViolation: Serious 29 CFR Information pertaining to the equipment in the process shall include piping and instrument diagrams . a. The (Sheet No. Drawing No. 502F073 08013) for compressors with a revision date Of October 28, 2010, was not accurate in that the Vilter VSS-901 screw compressor was identi?ed as (duplicated) in lieu of b. The (Sheet No. Drawing No. 502F07308013) for compressors with a revision date of October 28, 2010, was not accurate in that the relief line, 1 RV (VAP), for the Vilter VSS-901 screw compressor was identi?ed with the incorrect size. 0. The (Sheet No. PID-OS, Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the ingoingline, 1-1/4 HPL (HQ) 180 PSIG (95F), for the accumulator Al was identi?ed with the incorrect size. . d. The (Sheet No. PID-OS, Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the oil drain point under the accumulator A-l identi?ed only one globe valve and did not identify an additional globe valve and spring return ball valve. e. The (Sheet No. Drawing No. 502F07308013) for'chillers'with a revision date of October 27, 2010, was not accurate in that the ammonia high pressure transfer line, PO (LIQ), and associated globe valve for the accumulator A-l were not marked. f. The (Sheet No. Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the dual safety relief valves with 3~way manifold were identi?ed as being located on top of accumulator A-l when it was actually located approximately 25 feet away on the 4 H88 (VAP) 28 PSIG (15F) line. g. The (Sheet No. Drawing No. -502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the oil drain point under the 300 ton_chiller RWC-3 identi?ed only one globe Valve and did not identify a spring return ball valve. Citation and Noti?cation of Penalty . Page 7 of 29 9r?93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspection D3te(5)= 06/3 0/2011 10/25/2011 . Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken - Inspection Site: 1818 County Road 160, Winesburg, OH 44690 I h. The (Sheet No. PID-05, Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the identi?cation tags on the valves such as the globe valve under the 300 ton chiller RWC-3 were not the same as marked on the ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation'must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Item 4 Type of Violation: SEFIOIIS 29 CFR The process hazard analysis shall address facility siting: a, The 2000, 2005, and 2010 PHA's did not adequately address facility siting for the ammonia refrigeration system such as, but not limited to, the following: location of evaporative condensers high pressure receiver HPR, low side recirculator accumulator A?l, 300 ton chiller RWC-3 and associated piping and valves located adjacent to the roadway which subjected the equipment and piping to vehicular impact. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: - ?$5000.00 Citation and Noti?cation of Penalty Page 8 of 29 9/93) US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration D3te(5)= 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken . Inspection Site: 1818. County Road 160, Winesburg, OH 44690 Citation 1 Item 5 Type ofViolation: Serious 29 CFR The process hazard analysis shall address human factors: a. The 2000, 2005, and 2010 did not adequately address human factors for the I ammonia refrigeration system such as, but not limited to, the following: lack of trained operators for emergency operations and emergency shutdown on second and third shifts; lack of trained operators when trained employees are on leave; and operator overload during normal operations, emergency operations, and emergency shutdown; ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $7000.00 Citation and Noti?cation of Penalty Page 9 of 29 . I 9f93) US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Date(5)= 05/3 0/2011 10/25/2011 . Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160.; Winesburg, OH 44690 Citation 1 Item 6 Type of Violation: 29 CFR The employer shall establish a system to address the team's ?ndings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document What actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating; maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or aetions: a. On the 2010 PHA, the completion dates for recommendation numbers 3 and 41 were not documented; actions to be taken were not completed for recommendation numbers 3, 4, 5, and 7; actions were not completed as soon as possible-for recommendation numbers 4 and 7; and a written schedule of when actions were to be completed (due dates) for recommendation numbers was not developed. - ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: . $5000.00 - Citation and Noti?cation of Penalty Page 10 0f 29 9/93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Date(s)= 06/3 0/2011 10/ 25/ 201 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road. 160, Winesburg, OH 44690 .Citationl ltem7 Type ofViolation: Serious 29 CFR The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least normal operations: a. Written procedures for normal operatiOns in the ammonia refrigeration system did not address oil draining from ammonia equipment without oil pots such as, but not limited to, the following equipment: high side recirculator R-l, low side recirculator R-2, accumulator A-1, and 300 ton chi11er RWC-3. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Item 8 Type of Violation: Serious 29 CFR The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least safety systems and their functions: . Written operating procedures for safety systems and their ?l?CtiOl?lS in the ammonia refrigeration system did not have accurate alarm and cutout information for equipment such as, but not limited to, the following: stage reciprocating booster compressors high stage reciprocating compressors and evaporative condensers ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: . $5000.00 Citation and Noti?cation of Penalty Page 11 0f29 9/93) US. Department of Labor. Inspection Number: 77245 Occupational Safety and Health Administration Inspection Date(S)= 06/ 3 0/ 2011 10/2 5/2011 Issuance Date: 12/27/2011 CitatiOn and Notification of Penalty Company Name: Case Farms ProceSsing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 CitatiOnl Item 9 Type ofViolation: Serious 29 CFR Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph of this section. The training shall include emphasis on the speci?c safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee?s job tasks: a. The employer did not train at least one maintenance employee, who was involved in emergency operations in the ammonia refrigeration system during a power failure, on the speci?c related procedures. b. The employer did not train at least one maintenance employee, who performed preventative . maintenance on the 300 ton chiller RWC-S, on the operating procedures for that speci?c chiller. c. The employer did not adequately train at least two maintenance employees, who were involved in an ammonia release on or about June 30, 2011, in the speci?c emergency shutdown procedures. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation mustbe Abated: 01/26/2012 Proposed Penalty: - $7000.00 Citation and Noti?cation of Penalty Page 12 of 29 . 9/93) US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration 06/3 0/201 1 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 10 Type ofViolation: Serious 29 CFR 1910. Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The employer, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training: a. The employer did not provide refresher training every three years on the standard operating I procedures for at least two employees involved in the ammonia refrigeration system. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: . $7000.00 Citation 1 Item 11 Type ofViolation: Serious 29 CFR 1910. ll9(j)(2): Written procedures. The employer shall establish and implement written procedures to maintain the on?going integrity of process equipment: a. The employer did not establish and implement written procedures for installing and replacing valves and gaskets including the speci?cations for the proper torquing of ?ange bolts. b. The employer did not establish written procedures for testing valves annually. c. The employer did not establish and implement written procedures for inspecting and testing of piping and associated components such as ?anges and supports. Citation and Noti?cation of Penaity - Page 13 of29 9793) U.S. Department of Labor - Inspection Number: 77245 Occupational Safety and Health Administration Inspection D396): 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty I Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 d. The employer did not establish written procedures for the testing of compressor safety cutout switches. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: . I 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Item 12 Type of Violation: Serious 29 CFR The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience: I a. On or about June 30, 2011, in the ammonia refrigeration system, the testing of compressor safety cutout switches was not performed yearly as consistent with recognized and generally accepted good engineering practices (RAGAGEP). b. On or about June 30, 2011, in the ammonia refrigeration system, the inspections and testing-Of insulated and uninsulated piping and associated components such as flanges and supports were not performed annually as consistent with RAGAGEP and the frequency established by the employer's Mechanical Integrity Program. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: I 01/26/2012 Proposed Penalty: $7000.00 Citation and Noti?cation of Penalty I Page 14 of 29 9/93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Date(s)i 06/ 0/2011 10/25/2011 . - Issuance Date: 12/27/2011 Citation and Notification of Penalty. Company Name; Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 13 Type of Violation: Serious 29 CFR The employer shall establish and implement written procedures to manage changes (except for "replacements in kind?) to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process: a. A management of change covering the construction of the building around the 300 ton chiller and associated equipment was not written and implemented to ensure that the changes to the facility did not affect the covered process. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: I I 01/26/2012 Proposed Penalty: $7000.00 Citation 1 Item 14 Type of Violation: Serious 29 CFR The employer shall investigate each incident which resulted in, or could? reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace: a. The employer did not conduct an incident investigation for the ammonia release that occurred on or about October 2, 2006; when an employee was draining oil from the low side recirculator R2 in the ammonia refrigeration system. - ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation and Noti?cation of Penalty I Page 15 of29 9/93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Date(s)= 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 I Citation and Notification of Penalty Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 15 Type of Violation: 29 CFR An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experienCe to thoroughly investigate and analyze the incident: a. For the incident (reference-#63011) which oCcurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, the incident investigation team did not include at least one person knowledgeable in the process. b. For the incident (reference #102608) which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stern of a hot gas valve on the Reco chiller, an incident investigation team was not established. 0. For the incident (reference #122806) which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the ?oor drain, an incident investigation team was not established. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: . 01/26/2012 Proposed Penalty: . $5000.00 Citation and Noti?cation of Penalty Page 16 of 29 9793) Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration D3te(S)3 06/3 0/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken I Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation I Item 16 Type of Violation: Serious 29 CFR Areport shall be prepared at the conclusion of the investigation which includes at a minimum the factors that contributed to the incident: a. The incident investigation report (reference #63011), for the incident Which occurred on or about June 30, 2011, and involVed an ammonia release in the coils of air unit 3 in the 28 degree cooler, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate inspections/testing of equipment, nonexistent replacement schedule for aging equipment, nonexistent ammonia detector system in the cooler, and inadequate training for ammonia refrigeration operators and emergency responders. b. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate operating procedures for maintaining water pressure, inadequate training for employees monitoring water pressure, and nOneXistent low level alarm for lack of water pressure. 0. The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, did not include all the factors which may have contributed to the incident including, but not limited to, the following: nonexistent annual valve inspections and nonexistent annual valve testing procedures. Citation and Noti?cation of Penalty Page 17 of 29 9X93) U.S. Department of Labor - - Inspection Number: 77245 Occupational Safety and Health Administration IHSPeCtion Datds): 06/ 3 0/ 2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms ProCessing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 d. The incident investigation (reference #122806), for the incident which Occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the ?oor drain, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate quality assurance inspections and tests, inadequate quality assurance procedures, inadequate training for employees disposing of oil impregnated with ammonia, and nonexistent operating procedures for disposing of blow down liquids. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Item 17 Type ofViolation: Serious 29 CFR The employer shall establish a system to address and resolve the incident report findings and recOmmendations. Resolutions and corrective actions shall be documented: a. The incident investigation report (reference #63011), for the incident which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air' unit 3 'in the 28 degree cooler, did not document the resolutions and corrective actions. b. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not document the resolutions and corrective actions. - - The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and, involved an ammonia vapor release around the stern of a hot gas valve on the Reco chiller, did not document the resolutions and corrective actions. Citation and Noti?cation of Penalty Page 18 of 29 9f 93) US. Department of Labor . Inspection Number: 77245 Occupational Safety and Health Administration Binds): 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 d. The incident investigation (reference #122806), for the incident which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the _VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the ?oor drain, did not document the resolutions and corrective actions. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: It I 01/26/2012 Proposed Penalty; $5000.00 Citationl Item 18 Type ofViolation: Serious 29 CFR The employer shall determine and document an appropriate response to each of the ?ndings of the compliance audit, and document thatdeiiciencies have been corrected: a. The employer did not determine and document an appropriate response to two of the ?ndings, PSM 12.41 and RM 15.8, on the compliance audit dated on or about March 30, 2009 through April 1, 2009. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation and Noti?cation ofPenalty Page 19 01?29 9/93) U.S. Department of Labor InSpeetion Number: 77245 Occupational Safety and Heaith Administration Binds): 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken InSpection Site: 1818 County Road 160, Winesburg, OH 44690 Citation Item 19 Type of Violation: 29 CFR Employers shall retain the two (2) most recent compliance audit reports: a. The employer did not retain one of the most recent compliance audit reports dated on or about July 17 through July 18, 2006, and October 9, 2006. - ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: . - 01/26/2012 Proposed Penalty: $5000.00 Citationl Item 20 Type ofViolation: Serious 29 CFR Based on the hazardous substances and/or conditions present, the individual in charge of the ICS shall implement appropriate emergency operations, and assure that the personal protective equipment worn is appropriate for the hazards to be encountered. However, personal protectiVe equipment shall meet, at- a minimum; the criteria contained in 29 CFR 1910.156(e) when worn While performing ?re fighting operations beyond the incipient stage for any incident: a. On or about June 30, 2011, the individual in charge cf the Incident Command System (ICS) during the ammonia leak-in the 28 degree cooler did not implement appropriate emergency operations and assure that the appropriate personal protective equipment was worn including, but not limited to, the following: allowing non-trained employees to respond to an ammonia release; permitting employees with no medical evaluatiOn, ?t testing, and training to wear full facepiece respirators; ensuring the ammonia monitor received a bump test or calibration; and ensuring the use of rubber/chemical gloves, boots and apron. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: I 01/26/2012 Proposed Penalty: $7000.00 Citation and Notification of Penalty Page 20 of 29 9f93) US. Department of Labor .Inspeetion Number: 77245 Occupational Safety and Health Administration Inspection Date?)? 06/ 3 0/ 2011 10/25/2011 . Issuance Date: 12/27/20 1 1 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg,_OH 44690 Citation 1 Item 21 Type of Violation: 29 CFR Hazardous materials technician. Hazardous materials technicians are individuals who respond to releases or potential releases for the purpose of stopping the release. They assume a more aggressive role than a ?rst responder at the operations level in that they will approach the point of release in order to plug, patch or otherwise stop the release of a hazardous substance. Hazardous materials technicians shall have received at least 24 hours of training equal to the first responder operations level and in addition have competency in the following areas (29 CFR through and the employer shall so certify: a. On or about June 30, 2011, in the 28 degree cooler, at least three employees who responded in an attempt to locate where the ammonia leak was originating had not received at least 24 hours of hazardous materials technician training. ABATEMENT DOCUMENTATION IUZQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: I I $7000.00 Citation 1 Item 22 Type of Violation: 29 CFR Those employees who are trained in accordance with paragraph of this section shall receive annual refresher training of sufficient content and duration to maintain their competencies, or shall demonstrate competency in those areas at least yearly: a. As of September 14, 2011, employees engaged in emergency response as first responder operations level, hazardous materials technicians, and incident commanders had not received annual refresher training. - ABATENIENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: - $5000.00 . Citation and Noti?cation of Penaity Page 21 of 29 9l93). U.S. Department? of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspection Duds): 06/3 0/2011 10/25/2011 - Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken - Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 2.3 . Type of Violation: Serious 29 CFR 1): The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is ?t tested or required to use the respirator in the workplace. The employer may discontinue an employee?s medical evaluations when the employee is no longer required to use a respiratorabout June 30, 2011, in, the 28 degree cobler, at'least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been provided medical evaluations to determine each employees abilityto use a respirator before the employee was ?t tested and required to use a respirator in the workplace. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: I - 01/26/2012 Proposed Penalty: $5000.00 Citationl Item 24 Type ofVioIation: Serious 29 CPR The employer shall ensure that an employee using a tight-?tting facepiece respirator is ?t tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter: - a. On or about June 30, 2011, in the 28 degree cooler, at least two 0f the employees who responded to an ammonia leak wearing North full negative pressure respirators had not been ?t tested prior to initial use. ABATEMEN DOCUMENTATION REQUIRED FOR THIS ITEM Date by Which Violation must be Abated: I 01/26/2012 Proposed Penalty: . $5000.00 Citation and Noti?cation of Penalty Page 22 of 29 9/93) US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Date(5)= 05/30/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms. Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 25 Type of Violation: Serious 29 CF The employer shall provide the training prior to requiring the employee to use a respirator in the workplace: a. On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure reSpirators had not been provided respirator training prior to being required to use a respirator. ABATEMENT DOCUMENTATION REQUIRED FOR Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: I $5000.00 Citation and Noti?cation of Penalty Page 23, of 29 9i93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspection Date(3)= 06/ 3 0/ 2011 - '1 005/2011 Issuance Date: 12/27/2011 - Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 26 Type ofViolation: Serious 29 CFR Storage of material shall not create a hazard: a. On or about July 5, 2011, in the Sanova room, acids and bases were stored together such as, but not limited to, the following: 275 gallon container of 20% Sanova Activator Concentrate (pH 0.5) stored I adjacent to a 275 gallon container of 25% Sanova Antimicrobial Food Additive Base (pH 12.5). b. On or about July 6, 2011, in the chemical storage building (chicken house), acids and bases were stored together such as, but not limited to, the following: three 300 gallon Containers of Inspexx 100 (pH 1) stored between ?ve 275 gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5) and sixteen 55 gallon drums of Aquamark Sodium Hypochlorite (pH 11~l3); a 300 gallon . container of Inspexx 100 (pH 1) stored near ?ve 275 gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5), a 55 gallon drum of Aquamark Sodium Hypochlorite (pH 11-13), and two 55 gallon drums of Trans~it (pH 13), a 55 gallon drum of Science Lab 85% Phosphoric Acid (pH acidic) stored adjacent to a 275 gallon container of AFCO 6008 Millennium Yellow (pH 11.8); and nine 275 gallon containers of 20% Sanova Activator Concentrate (pH 0.5) Stored near three 55 gallon drums of Trans-it (pH 13) and a 275 gallon container of AFCO 6008 Millennium Yellow (pH 11.8). ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: . $4000.00 Citation and Noti?cation of Penalty Page 24 of 29 9/93) US. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration. Inspection 06/3 0/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 2 Item 1 Type ofViolation: Other?than?Serious 29 CFR The employer shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identi?er of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test: I a. On or about July 2011 in the ammonia refrigeration system, the documentation for the testing of compressor safety cutout switches did not identify the name of the person who performed the test. Date by which Violation must be Abated: - . 01/26/2012 Proposed Penalty: $.00 Citation and Noti?cation of Penalty Page 25 of 29 9/93) U.S. Department of Labor Inspection Number: 77245 Occupational Safety and Health Administration 1115139990? Date(S)= 06/3 0/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 2. Item 2 Type ofViolation: Other-than?Serious 29 CFR A report shall be prepared at the conclusion of the investigation which includes at a minimum the date investigation began: a. The incident investigation report (reference #63011) for the incident which occurred on or about June 30, 2011, did not include the date the investigation began. b. The incident investigation report (reference #91509) for the incident which occurred on or about September 15, 2009, did not include the date the investigation began. c. The incident investigatiOn report (reference #102608) for the incident Which occurred on or about October 26, 2008, did not include the date the investigation began. - d. The incident investigation report (reference #122806) for the incident which occurred on or about December 28, 2006, did not include the date the investigation began. Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $.00 Citation and Notification of Penalty Page 26 of 29 9f93) U-S- Department Of Labor Inspection Number: 77245 Occupational Safety and Health Administration Inspeaion Date(s): 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Citation and Notification of Penalty Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 2 Item 3 Type ofViolation: Other-than-Serious The employer shall establish a record of the qualitative and quantitative fit tests administered to an employee including: a. At the workplace, the employer did not establish a fit test record of the most recent ?t tests administered to each employee authorized to wear negative pressure respirators. Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: . $.00 Citation 2 Item 4 Typeof Violation: Other-thall-Sel?iOHS 29 CFR Training shall be provided at the time of initial assignment to tasks _where occupational exposure may take place and at least annually thereafter: a. As of September 14, 2011, employees designated and authorized to provide ?rst aid and CPR had not received annual bloodborne'patho gen refresher training. Date by which Violation must be Abated: . 01/26/2012 Proposed Penalty: $.00 Deborah J. Zub ty Area Director Citation and Noti?cation of Penalty Page 27 of 2-9 9f93) US. Department of Labor Occupational Safety and Health Administration 200 N. High Street, Room 620 Columbus, OH 43215 Phone: 614?469-5582 Fax: 614-469?6791 INVOICE I . DEBT COLLECTION NOTICE Company Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Issuance Date: 12/27/2011 Summary of Penalties for Inspection Number 77245 Citation 1, Serious $143000.00 Citation 2, Other-than-Serious $.00 TOTAL PROPOSED PENALTIES 5814300000 To avoid additional charges, please remit payment to this Area Of?ce for the total amount of the uncontested penalties summarized above. Make your check or'money order payable to: Please indicate OSHA's Inspection Number (indicated above) on the remittance. OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions or conditions do not exist. If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will then usually occur Within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. If the EFT cannot be completed because of insuf?cient funds or closed account, the bank will attempt to make the transfer up to 2 times. I Pursuant to the Debt Coliectibn Act of 1982 (Public Law 97-365) and regulations of the US. Department of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for violations of the Occupational Safety and Health Act. Citation and Noti?cation of Penalty Page 28 of 29 93?93) Interest: Interest charges will be assessed at an annual rate determined by the Secretary of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The current interest rate is one percent Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a ?nal order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt of the Citation and Noti?cation of Penalty), unless you ?le a notice of contest. Interest charges will be waived if the full amount owed is paid within 30 calendar days of the ?nal order. Delinquent Charges: A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. If the debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent per annum will be assessed accruing from the date that the debt became delinquent. - Administrative Costs: Agencies of the Department of Labor are required to assess additional charges for the recover of delinquent debts. These additional charges are administrative costs incurred by the Agency in its attempt to collect an unpaid debt. Administrative costs will be assessed for demand letters sent in an attempt to collect the unpaid debt. Area Director Citation and Noti?cation of Penalty Page 29 of 29 9f93) DEC 28 231] 085A Entereemeet Aetiett Neti?ezttiett Regiett ?37- Celtimbes, Ollie Area ?i?ee Case Fertile Inc; {the Case Farms Chi-thee Witteebutg, Obie Health htspeetie? #77245 - 13mm: 0 $143,080 Six-Meat}: statue of iimiiatiens: December 30, 201 1 The 43011113113113, Obie Area Qt?ee eet?prehensive programmed plamted iespeetiee whieh Wee initiated item the 2.010 Site-Speci?c Targeting The I investigatie? revealed nmltiple de?ciencies witlti? the empleyer?s eevered ammeeia te?igeratien amt seety management pregtem. Areas of included precess safety process hazard a??y?sis, eperetieg empleyee tmieieg, meehattieei ietegt?ity, management ef Bh?lge, incident investigatiett 3111i response to eemplienee audits: 111 edditiee, several Vieletiens regarding emergency .tespense t0 hazetdette were fellewi?g the empieyefs te an anaemia. leek which had eeineideete?y emerged on the teeming ef the epeeieg ef- the OSHA-inspectiee. Health it 77245 I . 26 Seriees - 31435000 - mite-teen three emetgeney three respitetery pmteetien; and. cute materials stetege Vioiatie?e: Betti? cher?thee?setiette we PSM, ene respiratery protecting and one bleedbe?te pe?tegens . Number ef 4'33 {establishment}; 2,479 eer? rate wide .1. . 130 I Ut?ted Feed and Cetmtereie1Werkets, Local 380 Cengressienal Parties: Severe Violeter Eregr?am: Ne Senate: She?'ed Brewn (D) Senator Rob Portmah (R) . Representative Steve Austria (R - 7th) Media Interest Anticipated: Yes U.S. GPO: 1934-4554335 I Initials -D Date -) - - - - - - . Last Name Of?ce symbol OFFICAL IFILE COPY Return to: Room DL 1?441, Rev. Juiy 1976 DEC 28 2811 INFORIMTIGN Acti?il 'chitm 37- Ghi? Arum Gi??te Calmpitriy: Case Farms Pracessitig, ?1112, dim Case. Farms Shimmy, Wi??Sb?fg,? {31m} - Health magmatic?: #77245 -- i?e?alty: $143,090 Caiigmssiottai Parties: gig-Month statue ufiimitatiuns: Dacember 363 2011 hisgectim?i: The C?ltimbus, 011i!) Area {Ef??e c?iaducted a campmhensive pi?ngrainmed planned impaction which was initiated {mm the 2010 Site-Speci?c Targeting Program. The investigating revealed multiple de?ciencies within the emplayer?s re?igeratim} pracess and pmcess safety management prog'am? Areas 01? deficieiicy i?cluded - pmcess safety i?f?rmaticin, pracess hazard omitting einpi?yee ti?aitii?g, meaimnigai integri?z, nmnagement cf mange incident itivestigatiwt 311d [6390:1813 t0 mzilplianca audits; additicit, save-ta} vinlatimis i?egafdhig emergemy response tohazai?claus substaiice felt-ages were followi?g the empicyet? 5 {135961186 is) 331 311131191531. lea had mi?cide?taiiy on the {If the oftiie OSHA Emit}: insiiectiag 736.5 I 26 Serials - $143,000 i??eteen three emergency tespe?se, titties respiratary protection, am! we materiais storage Vioiatimis: Font ?tw0 PSM, one i?esgm?atory pi?etegtimi, and cute pathogens Number ut?Einployges: 47S 2,479 wide) .2 Uni?itis): Emu. 311d C?in?iEICi?al Workers, Legal 880 Satire Violattrr Eiiforcement i?ragmmi u4= Swami- Siiermd Brown (D) Senator Rob Portma'n (R) Representative Steve {Austria (R - Media Interest Anticipated: Yes 1.1.3.090: 1984?455?035 initials Date Last Name -) Office symbol -i OFFICAL FILE COPY Retum to: Room DL 1-441, Rev. July 1976_ Connect with DOL at . {all}. - http://socialdolgov! US. Department of Labor For Immediate Release Dec. 29, 2011 Of?ce of Public Affairs Contact: Scott Allen Rhonda Burke Chicago, Ill. Phone: 312?353-6976 312653?6976 Release Number: '1 Email: allenscott?ldolgov _burke.rhonda@dol.gov US Department of Labor?s OSHA proposes $288,000 infmes to Case Farms Chicken for 61 violations at Winesburg, Ohio, processing facility WINESBURG, Ohio The US. Department of Labor?s Occupational Safety and Health Administration has cited Case Farms Processing 1nc., which operates Case Farms Chicken in Winesburg, for 6] safety and health violations. Violations related to process safety management standards allegedly resulted in an ammonia release at the facility on June 30. Proposed ?nes total $288,000. ?Case Farms Chicken has a legal responsibility to follow established process safety management standards to ensure its workers are properly. protected from known workplace safety and health hazards,? said Deb Zubaty, area director in Columbus. ?Failing to ensure protection through appropriate equipment maintenance, training and adherence to OSHA regulations demonstrates a lack of regard for employees? well~being. OSHA is committed to protecting workers, especially when employers fail to do so.? safety and. health inspections were initiated under the agency?s Site?Specific Targeting Program, which focuses enforcement efforts on work sites where the highest rate of injuries and illnesses occur. Of 26 serious health violations, 19 relate to process safety management standards designed to reduce workers? exposure to hazardous chemicals. Areas of deficiency include process safety information, process hazard I analysis, operating procedures, employee training, mechanical integrity, management of change, incident investigation and response to compliance audits. standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals. Additional information is available online at The process safety management citations along with those for failing to implement appropriate emergency operations? are in reference to Case arms? inadequate response to an ammonia leak, which coincidentally occurred on the morning OSHA, opened its routine inspection. No injuries or illnesses have yet been reported as a result of the ammonia leak. Of 30 serious safety violations, seven involve failing to provide'machine guarding and 16 involve electrical safety standards including unsafe electrical practices that could have resulted in fire, electric shock or are flash. The remainder involve failing to provide personal protective equipment to guard workers from falls and electrical hazards, allowing workers to walk on working surfaces without proper protection, and fail-ng to implement and train workers in the use of lockout/tagout procedures to control hazardous energy sources. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. more US DEPARTMENT OF LABOR NEWS RELEASE 4 PAGE 2 Five other?than?serious health and safety citations address an additional lockout/tagout de?ciency, as well as a failure to decument process safety required tests and incident investigations, record respirator fit tests and provide refresher training to designated first aid providers. An other~than-serious violation is one that has a direct relationship to job safety and health, but probably would not. cause death or serious physical harm. The citations can be viewed at - l.pdil? 1 .pdf Case Farms Processing, headquartered in Morganton, NC, employs about 475 workers at its Winesburg facility and approximately 2,450 corporatewide. The company also has facilities in. Strasburg and Massilion, Ohio, as well as Dudley, Goldsboro, Mt. Olive, Shelby and Troutman, NC. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with area director or contest the ?ndings before the independent Occupational Safety and Health Review Commission. To ask questions, obtain compliance assistance, ?le a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call toll?free hotline at 800621- OSHA (6742) or the agency?s Columbus of?ce at 614?469?5582. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. roleis to ensure these conditions for America?s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit U.S. Department of Labor news materials are accessible at The information above is avaiiable in large print, Braille, audio tape or disc from the COAST office upon request by calling 202?693w7828 or TTY 202-693-7755. Page 1 of 1 - I From: Knezovich, Mark J. - OSHA Sent: Thursday, December 08, 2011 5:49 PM To: Cc: Connors, Michael - Walters, Nick - Don Williams, Ann - Zubaty, Deb - Wilson, David - Garvey, Mary - Bradley, Mary - Allen, Scott - Burke, Rhonda - Gallegos, Carlos OSHA Subject: Notification of Significant Enforcement Action - Case Farms Processing, Inc. dba Case Farms Chicken (Health Inspection #77245) . Attachments: Case Farms Health Sig Memo 12.8.11.doc Please find the attached OSHA Significant Enforcement Action Noti?cation for Case Farms Processing, Inc. dba Case Farms Chicken (OSHA Health Inspection #77245). The total penalty for this case is $143,000. A similar Notification related to OSHA Safety Inspection #77252, also for Case Farms Processing, Inc., is expected to be forwarded on Friday December 9th. 2011. The six-month statute of limitations for this case expires on December 30, 2011. The Columbus, Ohio Area Of?ce would like to issue the citations no later than Friday December 16th, 2011 due to the holidays. If you have any questions related to the case, please contact Ann Williams of Region Enforcement Programs. Mark Knezovich, M.S. Enforcement Programs USDOL - OSHA 230 S. Dearborn, Room 3244 Chicago, IL 60604 31 2?886-6288 12/9/2011 OSHA Signi?cant Enforcement Action Notification Region V- Columbus, Ohio Area Office Company: Case Farms Processing, Inc. dba Case Farms Chicken (chicken processing and packaging) Winesburg, Ohio Health Inspection 77245 Penalty: 143,000 Six-Month statue of limitations: December 30, 2011 Inspection: The Columbus, Ohio, Area Of?ce conducted a comprehensive programmed planned inspection which was initiated from the 2010 Site?Speci?c Targeting Program. The investigation revealed multiple de?ciencies within the employer?s covered ammonia refrigeration process and process safety management program. Areas of deficiency included process safety information, process hazard analysis, operating procedures, employee training, mechanical integrity, management of change, incident investigation, and response to compliance audits. In addition, several violations regarding emergency response to hazardous substance releases were documented following the employer?s response to an ammonia leak which had coincidentally occurred on the morning of the opening of the OSHA inspection. Violations: Health inspection 77245 Twenty?six Serious - $143,000 - nineteen PSM, three emergency response, three respiratory protection, and one materials storage our Other-Than?Serious - $0 - two PSM, one respiratory protection, and one bloodbome pathogens Number of Employees: 478 (establishment); 2,479 (corporate wide) Union(s): I United Food and Commercial Workers, Local 880 Severe Violator Enforcement Program: No Congressional Parties: Senator Sherrod Brown (D) Senator Rob Portman (R) Representative Steve Austria (R 7) Media Interest Anticipated? Local interest VIOLATION SUMMARY Case arms Processing, Inc. Health Inspection #77245 Violations Summary Item Standard Description Adjustments Penalty SERIOUS: 1-1 The block ?ow diagram was not updated and accurate. $5,000 $5,000 1?2 1910.1 PSI did not include the maximum intended inventory of ammonia. $5,000 $5,000 1?3 were not accurate. $5,000 $5,000 1-4 did not adequately address facility siting. $5,000 $5,000 did not adequately address human factors. $7,000 $7,000 1-6 Multiple PHA ?ndings and recommendations were not completed. $5,000 $5,000 1-7 Written operating procedures did not address oil draining from equipment without oil pots. $5,000 $5,000 Written operating procedures for safety systems were not accurate. $5,000 $5,000 1-9 Lack of initial training. $7,000 $7,000 l~10 Refresher training was not provided every 3 years. - $7,000 $7,000 1?11 19101190301) Written MI procedures were not established and implemented for various tasks. $5,000 $5,000 Inspections and testing for piping and compressor safety cutout switches were not performed annually. $7,000 $7,000 l?l3 MOC no conducted for building construction around process equipment. $7,000 $7,000 1?14 Incident investigation was not conducted for a 2006 ammonia release. $5,000 $5,000 1?15 1910.1 l9(m)(3) Incident investigation team was not established and investigation did not include at $5,000 $5,000 least one person knowledgeable in the process for various ammonia releases. 1-16 Incident investigations did not include all of the contributing factors. $5,000 $5,000 1?17 Incident investigations did not document multiple resolutions and corrective actions. $5,000 $5,000 1?18 .An appropriate response was not determined and documented on two ?ndings Within the 2009 compliance audit. $5,000 $5,000 1-19 The 2006 compliance audit report was not retained. $5,000 $5,000 1?20 I I Individual in charge of the did not implement appropriate emergency operations and assure that the proper PPE was worn for a response to a 6/3 0/1 1 ammonia release. $7,000 $7,000 1-21 Several employees who were involved in a response to a -- 6/3 0/ 11 ammonia release had not received first responders training at the operations level. $7,000 WW $7,000 a; 3/33) 1/ 1?22 No annual refresher training for emergency responders. $5 ,000 $5,000 1?23 Medical evaluations were not provided to several employees required to wear full face APRs. $5,000 $5,000 1?24 1910134009) Fit testing was not provided to several employees required to wear full face APRs. $5,000 $5,000 1?25 Respirator training was not provided to several employees required to wear full face APRs. $5,000 $5,000 1-26 19101760? Large containers of acids and bases were stored together. $4,000 $4,000 OTHER: 2?1 Documentation for testing of compressor safety cutout switches did not identify the name of the person who performed the test. $0 $0 Multiple incident investigation reports did not include the date $0 $0 the mvestigatio? began. 2-3 No ?t test record for the most $0 $0 recent ?t tests. 2?4 No annual bloodborne $0 $0 pathogen refresher training provided employees designated to provide ?rst aid and CPR. TOTAL SERIOUS VIOLATIONS (26): . $143,000.00 TOTAL OTHER VIOLATIONS (4): $0.00 TOTAL PENALTIES FOR INSPECTION #77245: $143,000.00 inspection Number:iv77245 a RID 0522500 lnsPeCtion summary: .. -- i. . (Include information about the site. type of work being Performed, products being Produced, etc. Summary information: 5' 0n 6130111, opened concurrent comprehensive programmed planned inspections (Health 8. Safety) at Case Foods, Inc. (Case Farms Chicken! in Winesburg, OH. The inspections were initiated due to 3 Case Farms being on the 3 CSHO was brought in later to evaluate recordkeeping and ergonomic Issues. CSHO helpe WI ransal :1 during interviews with Hispanlc speaking employee had over pounds of ammonia in their ammonia refrigeration system; therefore followed the PSM Covered Chemical Facilities NEP to address PSM issues. The employer had a total of 27,541 pounds of ammonia on site. When CSHO?s_arrived at the facility on 6130111, the Paint Township Fire Department and State Fire Marshal inspector were at the site due to an ammonia leak in one of the air units in the 28 degree cooler. The third air unit In the 28 degree cooler had a leak in the tubelcoils. Plant operations were suspended and employees were evacuated and sent home. The employer conducted an incident investigation per the OSHA PSM standard. Due to the ammonia release and how it was handled by the employer, violations were cited for 1910.134, 1910.120,.and 1910.119 (training). Case Foods, Inc., dba Case Farms Chicken is a chicken processing plant which processes live chickens and packages chicken parts to be sold and shipped fresh and frozen. This facility process approximately 60,000 to 78,000 chickens per day. Case Farms has been at this site since 1988?1989. The corporate office is located in Troutman, NC. There was confusion as to whether this employer was unionized. Abel Acen, HR. Director, stated that in 2007, the union, UFCW - United Food Commercial Workers, Local 880, was voted in; however, there is no signed union contract or union dues being paid by employees. The employer has been in contract negotiations with the union for 5 approximately 4 years for the ?rst contract. CSHO contacted the union by phone, but did not get a response. Elizabeth Gallardo, Safety Manager, was hired by anOther employer, and her last day with Case Farms was on 717111. Case Farms hired Joe Vonderlieth as the new safety manager on 9119111. on site for 17 days including the ciosing conference. Health insp. #77245 Safety Insp. #77252 Records Insp. #98699 .. . . . . CSHO Personaii?rotective Equipment worn: Safety Glasses EOther: (List all PPE on the site other than those indicated above)? I - i I I Safety Shoes Hard Hat USDA approved Smock/Coat El Respirator Rubber Boots El Hearing Protection Nature 't .. Complaint Items Explain Findings: [3 Referral Items 1 El Accldent NEP SSTARG10 INSPECTION NARRATIVE Inspection Number: 77245 RID 0522500 LEP [8 Planned Inspection 2 Nature and Scepe - tJnusual Circumstancesr None El Denial of Entry Inspection Delays Strikes Jurisdictional Issues Trade Secrets Other Explain Findins: Opening Conference: Employer given copy-ofOSH Act ?mes: EEmployer given SBREFA Letter EEmployer given OSHA Fact Sheet After presenting credentials on 6130111, CSHO?qcovered the opening conference checklist and discussed the purpose 0 programmed planned inspection with Chuck McDaniel. V.PJGeneral Manager; Elizabeth Gallardo, Safety Manager; Abel Acen, HR. Director; and Luis Rosaly, Union Steward. See Notes. Evaluation of Employer=s7?ar?iy and-Health Program: Employer has a Safety and HealthIAccident Prevention Program? EYes No The program is written? Yes No Copy of program attached? EYes No Comments: Many Safety 8: Health programs are attached in the case files. Safety and :Health Programs Reviewed During the Inspection:- IZIHazar?d Communication: Respirator Program: INSPECTION NARRATIVE Inspection Number: 77245 CSHO: RID 0522500 ?EI'Confined Space: Hearing Conservation Program: Addressed by CSHO Burns T'El?'mergency Action PlanIFire Prevention: Blood Borne Pathogens Program: El Lock-OutlTag-OutlElectrical Safe Work Practices: Ergonomic Program: . Addressed by CSHO Burns Addressed by CSHO Linton {Ember} Define: PSM Program Required ?Documentation'Reviewed: - R??'diaii??bi?g'? . Crane inspection Records Addressed by CSHO Linton Addressed by CSHO Burns Press Inspection Records Forklift Training Documentation Addressed by CSHO Burns Addressed by CSHO Burns Hazard Assessment! PPE Other: De?ne Closing Conference: No Violations Observed Encouraged Informal Conference El Gave Cepy Employer Rights Offered Abatement?Assistance Reviewed Hazards Standards Discussed Consultation Programs Discuss Employer Rights/Obligations EmpioyerlEmployee Questionnaires Closing Conference HeldWithEmployee Representative? Jointly separater circumstances encounteredsuch as, but not limited tol abatement prOblems, expected Contest andlor negative employerattitude? . No - Yes: furtherClosing Conference Notes: 0n 10/25111, CSHMovered the closing conference checklist and discussed the alleged violations with Chuck McDaniel, . . eneral Manager; Ronnie Hightower, Plant Manager; Joe Vonderlieth. Safety Manager; Doru Jacobs, Maintenance Manager; and John Mahoney, PSM CoordlnatorlRefrigeratlon Supervisor. See Notes. NARRATIVE Inspection Numher: 77245 RID 0522500 Recommendation: Yes base is Accident and/or Fatality Catastrophe company issued 2 ms gases mam; Penalty exceeds $7,000.0tiwml I [3 Other Factors (poor corporation, long term abt., safety and health program) . Explain: No (If No Give Reasonisi Below) NA - No penalty FTA, Repeated, or Willful violations issued Company has overdue unpaid OSHA penalties Companion inspection for a file that Is not eligibie a Potential Whistleblower-Case: i Comments: CSHO Signature: Date: US. Department of Labor Occupational Safety and Health Administration Violation Worksheet I Print Date 12/06/2011 Inspection Number I 77245 Opt. Insp. Number 634 Establishment Name EDBA Name Case Farms Chicken :Type Of Vioiation Serious Citation 1 Item/ Group 1/ Number Number Exposed 478 No. Instances 1 REC Speciai I Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Aileged Vioiation Description a. The block flow diagram for the ammonia refrigeration system was not updated and accurate in that the 300 ton chiller screw compressor evaporative condenser E03, and thermosyphon vessel TSV were not identified. 29 CFR Information concerning the technology of the process shall include a block flow diagram or simplified process flow diagram (see Appendix to this section): Recommended Abatement Action Pena?y Severity High Probability Lesser Gravity Moderate Size 0% Gravity based 5000.00 Good Faith 0% Penalty Num Times Repeated History 0% Multiplier 1 Quick Fix 0% Calculated Penalty 5000.00 Proposed Penalty 5000.00 Proposed Penalty Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User?entered Abatement Due Date Date Abated- Abatement Documentation Required? Yes iAbatement Completed Description: Date Verified Mu-ltiStep Abatement Type/ Other Type Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure Exposure Name and Address Duration Frequency Proximity i Instance Telephone Numbers 20. Instance Description: A. Hazard B.-Equipment C. Location D. Injury/Illness E. Measurements b) Equipment: c) Location: :21) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: I'ICItathfii- 1 - item: 1 Group:- Serious Repeat Serious Unclassified citatiah Willful-Serious Repeat Other HAL Type}. Willful-Other Times Repeated ATAR Serious - Other Than Serious ATAR Other Text: The block flow diagram for the ammonia refrigeration system was not updated and accurate in that the 300 ton chiller screw compressor evap condenser EC-3, and thermosyphon vessel TSV were not identified. Recommended Abatement Action: (FOR USE WITH Severity: Probability: Gravity Based Penalty High Greater SizeMedium Lesser Good Faith: 25% 15% 0% Low History 10% 0% 10% Increase Minimal Calculated Penaltll: $5,000.00 Proposed Penalty: $5,000.00 Penalty JuStification: When Calculated and-Proposed Penalty Differ, Justification is required: Related -- {Special "f?'iEmpIOyers Substance. - Event Enforcement Relationship to Codes .: Code Type .. Complaint Egregious Creating Referral Corp. SA Controlling. Fatality Referral to DOJ Correcting ID Exposing . I Variance All Days to Abate: Corrected During Inspection Date Veri?ed: Multi Step: Engineering: Plan PPE Other: Abatement Completed Description: . - 4. I Instance Exposure: 478 Frequency: Daily 2Mos. John Proximity: Total-Duration: 4 Last Name: Ma honey 6 Refrigeration Supervisor/PSM Title' Coordinator Occupation: Street Address 1: Street Address 2: - City: i5? A. Hazardous Operation: bimow diagram for ih? shearer." saga. not updated and accurate in that the 300 ton chiller screw compressor C-8, evap condenser E03, and thermosyphon vessel TSV were not identified. B. Equipment: C. Location: I i Ammonia refrigeration system. 300 ton chiller RWC-3, screw compressor C-8, evap condenser EC-3, and thermosyphon vessel TSV. I D. Injury/Illness: 7 Fire/explosion hazard?deathlb'urns. Exposure'toammonia? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. E. Measurements: . . G. Comments: . .. .l .. 2010-. H. Other Employer Info: Employer had a written PSM program and maintained PSI. John Mahoney, Refrigeration Supervisor/PSM Coordinator, was familiar with the equipment additions 2010. Mr- Mahoney Said that Colonial Webb had a 7 Farms to update the block flow diagram and P&lD?s. I Colonial Webb last updated the P&lD?s in October 2010. i Mr. Mahoney said that the block flow diagram was not updated with the RWC-S, compressor condenser thermosyphon vessel which were installed in approximately July In received an accurate block flow diagram? updated by Mechanical Refrigeration Technology, Inc., and dated July 201 1. Photos: U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number Opt. Insp. Number 77245 634 - Establishment Case Farms Processing, Inc. Name - DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 2/ Number Number Exposed I 478. No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation 29 CFR Information concerning the technology of the process shall Description include maximum intended inventory: a. The process safety information pertaining to the technology of the ammonia refrigeration system did not include the maximum intended inventory of ammonia. Recommended Abatement Action Pena?y Severity High Probability Lesser Gravity Moderate Size 0% Gravity based 5000.00 Good Faith 0% Penalty I . Num Times Repeated History 0% Multiplier I 1 Quick Fix 0% Calculated Penalty 5000.00 Proposed Penalty 5000.00- Proposed Penalty Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User-entered Abatement Date Abated Due Date - Abatement 'Yes' Date Verified Documentation Required? Abatement Compieted Description: MultiStep Abatement . User entered Type/ Other Type Days to abate Completed($tatus) Verify Date Abatement Due Date Employee Exposure Exposure Name and AddreSs Duration Frequency Proximity Instance Telephone Numbers 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Empioyer Knowledge: I 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: 1 Item: 2 Group: . Serious Repeat Serious Unclassified Citation Willful-Serious 11 Repeat 4 Other HAL Type: Willful-Other Times Repeated ATAR - Serious Other Than Serious ATAR Other - 29 CFR AVD Text: The process safety information pertaining to the technology of the ammonia refrigeration system did not include the maximum intended inventory of ammonia. Recommended Abatement Action: (FOR USE WITH 5(a)1) I Severity: Probability: GraVIty Based Penalty: High Greater SizeMedium Lesser Good Faith: 25% 15% 0% Low . History 10% 0% - 10% Increase El Minimal Calculated Penalty: $5,000.00 - . Proposed Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Number of Instances: . . Related. ?vaent. 'Code? - Complaint i Referral Fatality ID Variance [Speci_al_~ . Enforcement ?Type; [j Egregiousm Corp. SA Referral to DOJ Employers Substan Relationship-to - a. . - 1: Creating Controlling El Correcting Exposing All Codes? ce. Days to Abate: Mu Iti Ste-p:- . Engineer-in: Corrected During Inspectionm PPE Islan Abatement Completed Description: Other: 1 instance Exposure: 478 Total Du ration: Years Frequency: - Proximity: . First Name: John Last Name: Mahoney Job Title: Coordinator Occupation: Street Address 1 Street Address 2: City: . Refrigeration i i A. Hazardous Operation; B. Equipmen The mess? satay"taraa?ansa b?iiai?irig {dine {??hh?i??gybi?ih? . ammonia refrigeration system did not include the maximum intended inventory of ammonia. Ammonia refrigeration equipment piping. C. Location: a Ammonia refrigeration system. D. Injury/Illness: E. Measurements: Fire/explosion hazard??death, burns. Exposure to ammonia?? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. F. Employer Knowledge: Employer had a written PSM program and maintained PSI. John Mahoney, Refrigeration Supervisor/PSM Coordinator, had an ammonia inventory in pounds for the NH3 equipment and piping; however, it was not accurate nor a maximum intended inventory. Mr. Mahoney said that Colonial Webb had a contract with Case Farms to update process safety information. The ammonia inventory that Mr. Mahoney provided to CSHO revealed a total of 18,629 pounds of ammonia in the equipment and piping; however, it was not accurate nor the maximum intended inventory. The employerthought they had 18,629 pounds of capacity before an overfill occurs) of ammonia in the system when they actually had 27,541 pounds of capacity before an over?ll occurs) which was revealed when the employer and Colonial Webb revaluated the current inventory of ammonia in the system. Due to the employer not being aware of the actual amount of ammonia in the system and not having an established maximum intended inventory for the ammonia in the system could potentially lead to overfilling the ammonia refrigeration system and to an ammonia release. On 7/29/2011, Colonial Webb calculated the actual inventory of 27,541 pounds total in the ammonia equ?ipmentand piping and calculated an overfilled system (all vessels piping) with a maximum of 44,000 pounds of ammonia. The actual inventory of I I 27,541 pounds of ammonia is being-accepted as the maximum intended inventory for this facility. Mr. Mahoney stated that the maximum intended inventory for ammonia was never documented in the past. The new maXimum I - intended inventory and actual inventory in the system is currently 27,541 pounds of ammonia according to Mr, Mahoney. The amount of ammonia had increased since the installation of the new thermocycling unit in July 2010. Mr. Mahoney said that all signs with the ammonia inventory had been changed on the doors to the engine/compressor room since CSHO pointed out the inventory violation. On August 3, 2011, CSHO received a Process Safety Management Executive Summary that Mr. Mahoney said he Other?Employerlnfo: . developed in July 2011. The executive summary stated that ?the maximum inventory in the system is approximately 27,541 pounds? Photos: I - US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 77245 634 Inspection Number Opt. Insp. Number] Establishment Case Farms Processing, Inc. Name - DBA Name Case Farms Chicken :Type Of Violation Serious Citation 1 Item/Group 3 Number Number Exposed 478 No. Instances 8 . REC Special Employer's All Enforcement? Relationship . to Hazard i Standard Substance Codes Alleged Vioiation Description of October 27, 2010, was not accurate in that the dual safety reiief valves with 3-way 29 CFR Information pertaining to the equipment in. the process shall include piping and instrument diagrams a. The (Sheet No. Drawing No. 502P07308013) for compressors with a revision date of October 28, 2010, was not accurate in that the Viiter screw compressor was identified as (3?6 (duplicated) in lieu of 08. b. The (Sheet No. Drawing No. 502907308013) for compressors with a revision date of October 28, 2010, was not accurate in that the relief line, 1 :i RV (VAP), for the screw compressor was identified with the incorrect size. c. The (Sheet No. Drawing No. 502P07308013) for chiilers with a revision date of October 27, 2010, was not accurate in that the ingoing line, 1?1/4El HPL (LIQ) 180 PSIG (QSDF), for the accumulator A?l was identified with the incorrect size. d. The (Sheet No. Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the oil drain point under the accumuiator A?l identified only one globe valve and did not identify an additional giobe valve and spring return ball vaive. e. The (Sheet No. Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the ammonia high pressure transfer iine, 3/413 PO (LIQ), and associated globe valve for the accumulator A?l were not marked. f. The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date Establishment Name Case Farms Processing, Inc. manifold were identified as being located on top of accumulator A?l when it was actually. located approximately 25 feet away on the 4D HSS (VAP) 28 PSIG (15DF) line. g. The (Sheet No. PID-OS, Drawing No. 5021307308013) for chillers with a revision date of October 27, 2010, was not accurate in that the oil drain point under the 300 ton chiller identified only one globe valve and did not identify a spring return ball valve. h. The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the identification tags on the valves such as the globe valve under the 300 ton chiller RWC-3 were not the same as marked on the Recommended 3 Abatement Action Penaky Severity High Probability Lesser I. g; Gravity Moderate Size? 0% :Gravity based 5 5000.00 Good Faith 0% Pena?y - Num Times Repeated History 0% Multiplier 1 Quick Fix 5% Calculated Penalty 500-0-2'00 Proposed Penalty 5000.00 Justification: . .- Abatement Details Description: Days to Abate 30 Cal Days Abatement Status User-entered Abatement Date Abated Due Date Abatement Yes Date Verified Documentation Required? Abatement Completed Multistep Abatement I Type/Other Type Employee Exposu 5 User entered Abatement Due Date Days to abate Compieted(status) Verify Date re Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Iiln?ess E. Measurements a) b) Equipment: (2) Location: (1) Injury/Iliness (and Justifications for Severity and Probability): e) Measurements: 23. Empioyer Knowledge: 24._ Comments: 25. Other Employer Information: Violation Worksheet: 1 3 _Gr?up:- Serious Repeat Serious Unclassified citation WillfuI?Serious Repeat Other El HAL Willful-Other Times Repeated ATAR - Serious Other Than Serious ATAR - Other Standard: . -. AVD Text: a. The (Sheet No. Drawing No. 502P07308013) for compressors with a revision date of October 28, 2010, was notlaccurate in that the Vilter VSS-901 screw compressor was identified as 0-6 (duplicated) in lieu of 0?8. The (Sheet No. Drawing No. 502P07308013) for cempressors with a revision date of'October 28, 2010, was not accurate in that the relief line, 1? RV (VAR), for the Vilter VSS-901 screw compressor was identified with the incorrect size. The (Sheet No. PID-05, Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the ingoing line, 1- 1/ HPL (LIQ) 180 PSIG for the accumulator was identified with the incorrect size. . The P33le (Sheet No. Drawing No. 502P07308013) for chillers With a revision date of October 27, 2010, was not accurate in that the oil drain point under the accumulator A-1 identified only one globe valve and did not identify an additional globe valve and spring return ball valve. The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the ammonia high pressure transfer line, PO (LIQ), and associated globe valve for the accumulator were not marked. The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the dual safety relief valves with 3?way manifold were identified as being located on top of accumulator A-1 when it was actually located approximately 25 feet away on the 4? H88 (VAP) 28 PSIG line. g. The (Sheet No. Drawing No. 502P07308013) for chillers with revision date of October 27, 2010, was not accurate in that the oil drain point under the 300 ton chiller RWC-3 identified only one globe valve and did not identify a spring return ball valve. The (Sheet No. PID-05, Drawing No. 502F07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the identification tags on the valves such as the globe valve under the 300 ton chiller RWC-3 were not the same as marked on the Recommended Abatement Action: (FOR USE WITH 5(a)1) SeVerity: Probability: Gravity Based'fPenalty: High Greater Size: 40% 30% 10% 0% El Medium Lesser Good Faith: 25% 15% 0% Low - History El 10% IE 0% 10% Increase El Minimal Calculated Penalty: $5,000.00 Proposed Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penaity Differ, Justification is required: - . "Related Special . I. Employers iifi-?Sfuibstance I .j Event . . Enforcement Relationship to Code Type Hazard. Complaint Egregious Creating Referral Corp. SA Controlling Fatality El Referral to DOJ Correcting lD Exposing Variance All Days to 1? i1 Correct-eduburing Inspection Multi Step: Engineerindr? Plan PPEW Other: Abatement Completed Description: Instance Exposure: 478 I Frequency: Daiiy . . new. i .2 Total Duration: Yr., 2 Proximity: Mos. i First Name: . 4 Last Name: John Mahoney Job Title: Occupation: Refrigeration Supervisorii?SM Street Address 1: Street Address 2: City: The (Sheet No. Drawing No. 502P07308013) for compressors with a revision date of October 28, 2010, was not accurate in that the VilterVSS? 901 screw compressor was identified as C-8 (duplicated) in lieu of C8. . The (Sheet No. Drawing No. 502P07308013) for compressors with a revision date of October 28, 2010, was not accurate in that the relief line, 1? RV (VAP), for the Vilter VSS-901 screw compressor - was identified with the incorrect size. The actual size was 2inches. The (Sheet No. Drawing No. I 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the ingoing line, 1-1/4? HPL (HQ) 180 PSIG for the Accumulator was identified with the incorrect size. The actual size was 2 1/2 inches per the (Sheet No. which was Updated on 96/11. . . The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the oil drain point under the Accumulator A-1 identified only one globe valve which was normally closed and did not identify an additional globe valve and spring return ball valve. . The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the ammonia high pressure transfer line, PO (LIQ), and associated globe valve for the Accumulator were not marked. The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the dual safety relief valves with 3?way manifold were identified as being located on top of Accumulator when it was actually located approximately 25 feet away on the 4? H88 (VAP) 28 PSIG line. . The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the oil drain point under the 300 ton chiller identified only one globe valve which was normally closed and did not identify a spring return ball valve. h. The (Sheet No. Drawing No. 502P07308013) for chillers with a revision date of October 27, 2010, was not accurate in that the identification tags on the valves such as the globe valve under the 300 ton chiller RWC-3 were not the same as marked on the The tag on the globe valve under the 300 ton chiller 3 was identified as 3702?. The showed the valve ID as 3107?. Additional valves that were not identified properly on the include the following: globe valve with tag ID as RWC-3 3700? showed valve ID as 3104?; solenoid valve w/ strainer with the tag ID as 3701? showed valve as 300 ton chiller Vilter screw compressor Accumulator 1-1/4? HPL (HQ) 180 line; ammonia high pressure transfer line; 4? H88 (VAP) 28 line; dual safety relief valves with 3-way manifold; globe valves; and spring return ball valves. - Ammonia refrigeration system. Fire/explosion hazard?death, burns. Exposure to ammonia?- .. death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. E. Measurements: 7 7 Distance between top of Accumulator A-1 where dual safety relief valves with 3?way manifold were located: ~24-25? (Billy - Holland agreed with the estimated distance). 'Emplo'yeir'KnovVIe'dge: - - .. - and Billy Holland, Safety Director familiar with the Employer had a written PSM program and maintained PSI. John Mahoney, Refrigeration Supervisor/PSM Coordinator, was familiar with the equipment additions in July 2010. Mr. Mahoney importance of having updated 2010. Mr. Mahoney said that Colonial Webb had a contract with Case - Farms to update the . Colonial Webb last updated the on October 27 28, Mr. Holland agreed that the reviewed during the walkaround on 8/4/11 were wrong and said that the employer would have all of the P&lD?s updated. Mr. Mahoney said that the were not updated. Since the OSHA inspection was initiated and the errors had been found, Case Farms had Colonial Webb come to the site on 8/24 8/26/2011 to update all Mr. Mahoney provided copies of the new P&lD?s; however, the still had wrong information pertaining to the valves and piping under the accumulator A-1. Mr. Mahoney was not sure why the ID tags on the valves for the .. - 300 ton chiller RWC-3 did not match the ID for the valves on the 5, The RWC-3 was installed in July 2010 and the tags had not been changed. The tag on the globe valve under the 300 ton chiller RWC-3 was identi?ed as 3702". The showed the valve ID as 3107". Additional valves that were not identified properly on the include the following: globe valve with tag ID as RWC-3 3700? showed valve ID as 3104?; solenoid valve w/ strainer with the tag lD as RWC-S 3701" showed valve ID as 3105". On 9/30/2011Weceived updated for -. - and which were up ated by Coionial Webb Contractors H. Other Employer Info: on 9/6/2011; however, the still had wrong - information pertaining to the valves and piping under the accumulator A-1. EPhotos: 48'54 Occupational Safety and Health Administration Photo Mounting Worksheet U.S. Department of Labor Inspection No. 77245 1. Photo ID No. 2. Date Time 43 8/4/11 3. Citation No. 4. Item No. 5. instance No. 6. Location {Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate for the accumulator A-1. Confidential 8- Materials Com- 1. Photo No. . 2. Date &Time 49 3/4111 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) .- Ammonia Refrigeration System. 7. Description were not accurate for the accumulator A-t. Confidential I 8- Materials COM- OSHA 89A 9 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo No. 2. Date Time 50 3/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate in that the ingong line, 1?1/ HPL (LIQ) 180 PSIG for the accumulator A?l was identified with the incorrect size; the ammonia high pressure transfer line, 3/1? PO (LIQ), and associated globe valve for the accumulator A?l were not marked. Confidential 3- Materials Cont- 1. Photo ID No. 2. Date Time 51 3/4/11 3. Citation No. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate in that the ingoing line, l?l/ HPL (LIQ) 180 PSIG for the accumulator A?l was identified with the incorrect size; the ammonia high pressure transfer line, 3/1? PO (LIQ), and associated globe valve for the accumulator A?l were not marked. Confidential Materials Cont. OSHA 89A 9 Photo Mounting Worksheet U.S. Department of Labor - Occupational Safety and Health Administration Inspection No. 7.7 245 1. Photo ID No. 2. Date &Time 52 8/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate in that 1 i the oil drain point under the accumulator A?l identified only one i globe valve which was normally closed and did not identify an i additional globe valve and spring return ball valve. Confidential 3. Materials Cont. 1. Photo ID No. 2. Date Time 53 8/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate in that the oil drain point under the accumulator A?l identified only one . . .i globe valve which wasnormally - closed and did not identify an i additional globe valve and spring return ball valve. Confidential 5- Materials Cont- OSHA 89A 9 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration 9) Inspection No. 77245 1. Photo ID No. 2. Date Br Time 54 3/4/11 3. Citation No. 4. Item No. 5. instance No. 8. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate in that the oil drain point under the accumulator A?l identified only one globe valve which was normally closed. and did not identify an additional globe valve and spring return ball valve. Confidential 3- Materials 00m- 1. Photo iD No. 2. Date Time 55 - 8/4/11 3. Citation No. 4. Item No. 5. instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate in that the ammonia high pressure transfer line, PO (LIQ), and associated globe valve for the accumulator A?l were not marked. Confidential 3- Materials Com- OSHA 89A Photo Mounting Worksheet US. Department of Labor I Occupational Safety and Health Administration y) . Inspection No. 77245 1. Photo ID No. 2. Date Time 56 814/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description were not accurate in that the dual safety relief valves with 3? way manifold were identified as being - located on top of accumulator A?l' when it was actually located approximately 25 feet aWay on the 4? HSS (VAP) 28 PSIG line. Confidential 5- Materials Cont- 1. Photo No. 2. Date Time 57 (. . .454) 8/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) . Ammonia Refrigeration System. 7. Description P&lD?s were not accurate in that the dual safety relief valves with 3? way manifold were identified as being . located on top of accumulator A?i when it was actually located approximately 25 feet away on the 4? HSS (VAP) 28 PSIG line. Confidential 3- Materials Cont- OSHA 89A 9 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration 9) Inspection No. 77245 1. Photo ID No. 2. Date Time 58 8/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location {Photo and Photographer) Ammonia Refrigeration System. 7. Description P&lD?s were not accurate in that the oil drain point under the 300 ton chiller identified only one globe valve which was normally closed and did not identify a spring ?73' return ball valve; identification tags on the valves such as the globe valve under the 300 ton chiller were not the same as marked on the Confidential 3- Materials Cent. 1. Photo ID No. 2. Date Time 59 8/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System- 7. Description were not accurate in that the oil drain point under the 300 ton . chiller identified only one globe valve which was normally I closed and did not identify a spring return ball valve; identification tags on the valves such as the globe valve under the 300 ton chiller were not the same as marked on the Confidential 3- Materials Cont. OSHA 89A 9 Photo U.S. Department of Labor Occupational Safety and Health Administration 9) Inspection No. CERTIFIED AND MFG. BY 77245 1. Photo ID No. 2. Date St Time 60 8/4/11 81 i: 3. Citation No. I 4. item No. 5. Instance No. GARNER, NC. 27529 - 6. Location (Photo and Photographer) MIN. DESIGN METAL TEMP. AT-P.S. Ammonia Refrigeration System. MFG. SERIAL NO. - - YEAR MFG. SHELL THK. IN. HEAD THK 7. I 1 MODEL were not accurate in that the 011 dram point under the 300 ton chiller identified only one . - globe valve which was normally closed and did not identify a spring i return ball valve; identification tags on the valves such as the globe valve under the 300 ton chiller were not the same as marked on the Confidential 5- Materials Com- 1. Photo ID No. 2. Date Time 61 8/4/11 3. Citation No. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia I Refrigeration System. 7. Description were not accurate in that the oil drain point under the 300 ton chiller identified only one globe valve which was normally Closed and did not identify a spring . return ball valve; identification tags on the valves such as the globe valve under the 300 ton chiller RWC-3 were not the same as marked on the Confidential 8- Materials Cont OSHA 89A 9 Photo Mounting Worksheet Department of Labor Occupational Safety and Health Administration 9) Inspection No. 77245 1. Photo 2. Date 8: Time 62 8/4/11 3. Citation No. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) a Ammonia "7 Refrigeration System. 7. Description were not accurate in that the oil drain point under the 300 ton chiller identified only one globe valve which was normally closed and did not identify a spring return ball valve; identification tags on the valves such as the globe valve under the 300 ton chiller were not the same as marked on the Confidential 3- Materials Cent. 1. Photo ID No. 2. Date 8: Time 63 8/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description P&lD?s were not accurate in that the oil drain point under the 300 ton chiller identified only one globe valve which was normally closed and did not identify a spring return ball valve; identification tags on the valves such as the globe valve under the 300 ton chiller were not the same as marked on the Confidential 8- Materials Cont- OSHA 89A 9 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo ID No. 2. Date 8: Time 64 3/4/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. I 7. Description were not accurate in that the oil drain point under the 300 ton chiller identified only one globe valve which was normally closed and did not identify a spring return ball valve; identification tags on the valves such as the globe valve under the 300 ton chiller were not the same as marked on the Confidential 8- Materials Com. 1. Photo 10 No. 2. Date &Time 3. Citation No. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) 7. Description Co nfide ntial 8. Materials Cont- OSHA 89A 9 U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Name Case Farms Processing, Inc. DBA Name Case Farms Chicken Type Of Vioiation Serious Citation 1 Item Group 4 Number ENumber Exposed 478 No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation Description 29 CFR The process hazard analysis shall address facility siting:- a. The 2000, 2005', and 2010 did not adequateiy address facility siting for the ammonia refrigeration system such as, but not limited to, the following: location of evaporative condensers high pressure receiver HPR, low side recircutator accumulator A?l, 300 ton chiiler RWC-3 and associated piping and valves located adjacent to the roadway which subjected the equipment and piping to vehicular impact. Recommended Abatement Action Pena?y Severity 'l-li'gh Probability Lesser Moderate Gravity based 5000.00 Pena?y Num Times Repeated Multiplier 1 Calculated Penalty 5000.00 Quick Fix' Proposed Penalty Justification: Abatement Details Days to Abate . Due Date 30 Cal Days History Size I Good Faith Proposed Penalty 0 0 0 5000.00 User-entered Abatement Abatement Status Date Abated Abatement Yes Date Verified Documentation Required? Abatement Completed- LDescription: MultiStep Abatement Type/ Other Type Days to abate User entered Completed(status) Verify Date :5 Abatement Due i Date Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers 20. Instance'Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: .ICitation: 1 ..lt'em: 4 Group: Serious Repeat Serious Unclassified Citation Willful-Serious Repeat - Other HAL Willful-Other Times Repeated ATAR - Serious I [3 Other Than Serious ATAR - Other Standard: AVD Text: The 2000, 2005, and 2010 did not adequately address facility siting for the ammonia refrigeration system such as, but not limited to, the following: location of evaporative condensers high pressure receiver HPR, low side recirculator R-2, accumulator 300 ton chiller and associated piping and valves located adjacent to the roadway 'which subjected the equipment and piping to vehicular impact. Recommended Abatement ACtion: (FOR USE WITH 5(a)1) [3 Minimal Severity: Probability:_ . Gravity Based Penalty: - High Greater Size: 40% 30% 1:1 10% 0% Medium Lesser Good Faith: [1 25% 15% 0% Low History 10% 0% El 10% increase {calculatedpenalty: $5,000.00 ?E?Proposed Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: . Number of Event - 4.9.069 Complaint 1 Referral Fatality Cpeciai a 1 Enforcement I _mType Employers? . Asubstancaiff RelatiOnshipto- . Cades .. 'Hazard - ?l?Eigregious Corp. SA Referral to DOJ ID Variance Creating El Controlling Correcting Exposing All Days to Abate: Corrected Inspection Date Verified: raster): Engineering: Abaternent'Completed Description: Plan PPE Other: instance Exposure: 47 8 Frequency: I Total Duration: Years Proximity: First Name: 'John Last Name:- Mahoney JobTitle: Refrigeration Supervis Coordinator Occupation: Street Address 1: Street Address 2: City: - A. Hazardous Operation: B. Equipment: condensers high pressure receiver HPR, low side reci?rculator R-2, accumulator A-1, 300 ton chiller and associated piping and valves located adjacent to the roadway .. which Subjected the equipmenten?93319.9 vehicular impact-s Evaporative condensers high pressure receiver HPR, low side recirculator R-2, accumulator 300 ton chiller RWC-3 and associated piping and valves. . aha" 2610 ms did notnadequately address facility siting for the ammonia refrigeration system such as. but not limited to, the following: location of evaporative C. Location: Injury/Illness: . Ammonia refrigeration system. Fire/explosion hazardL?death, burns. Exposure-to'arnmoniaw? - death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. . E. Measurements; F. Employer Knowledge: Employer had a written PSM program which addressed Element - 2 Process Hazard Analysis (PHA). John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and received a quarterly booklet. G. Comments: - Mr. Mahoney said that Colonial Webb had a contract with Case Farms to help in performing PHA Revalidations. The 2000 PHA was conducted on 7/11/2000 by Baker Refrigeration Systems and Case Farms personnel. The 2005 PHA Revalidation was conducted on June 8?9, 2005 by Colonial Webb Contractors and Case Farms personnel. The 2010 PHA Revalidation was conducted on September 1-2, 2010 by Colonial Webb Contractors and Case Farms personnel. Mr. Mahoney said that he had no idea why did not 2? adequately address facility siting, e.g. barriers/guarding to prevent impact of ammonia equipment. As a member of the 2010 PHA Revalidation team, Mr. Mahoney said that outside traffic impacting equipment was not considered. Forklift impact was addressed. According to Mr. Mahoney Case Farms, RSC Refrigeration Systems Company, Wood Electric, Tanner Industries, and other contractor vehicles use the roadway adjacent to the ammonia - equipment and piping. The employer had no barriers to protect the equipment, piping, and structural supports from vehicular impact and damage which could result in an ammonia release. Part of the roadway is coming down a hiil towards equipment and piping before it makes a turn. H. Other, Employer Info: On 81117201 contractor trucks that used the roadway. References: IIAR Process Safety Management Guidelines for Ammonia Refrigeration, 1995 Attachment 4A, Generic What-if/Checklist Log Sheet asks about the possibility of vehicular impact. CCPS, Guidelines for Hazard Evaluation Procedures, 2?(1 Ed. (1992), Appendix B. One of the questions in this list (8.16, Pg. 404) contains a similar question related to the installation of vehicle barriers to prevent impact to critical equipment adjacent to high traf?c areas. 3636;?" 10-12; 24-25;" "2""713'1; 65 Photo-Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration inspection No. 77245 1. Photo ID No. 2. Date St Time 10 7/6/11 3. Citation No. 4. Item No. 5. instance No. 8. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. High Pressure Receiver HPRConfidential 8- Materials Cont- 1. Photo ID No. 2. Date 81 Time 11 (. . .403) 7l6/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) . Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. Recirculator R-2, Thermosyphon Vessel TSV, Evaporative I Condenser EC, High Pressure Receiver HPR. Confidential 3- Materials Cont. OSHA 89A 9 PhotoMounting Worksheet U.s. Department of Labor . Occupational Safety and Health Administration 9) Inspection No. 77245 1. Photo ID No. 2. Date &Ttme 12 716/1 1 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) - Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. Recirculator R-2. Confidential 3- Materials Cont- 1. Photo ID No. 2. Date Time 3. Citation No. 4. item No. 5. instance No. 6. Location {Photo and Photographer) 7. Description Confidential 8- Materials Cont- OSHA 89A Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration Inspection No. 77245 . 1. Photo ID No. 2. Date Time 24 7/6/11 I 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. Accumulator A-1 Evaporative Condenser EC. Confidential 3- Materials Cont. it I 1. Photo lD No. 2. Date a Time 3 . . 25 7/6/11 . - I . 3. Citation No. 4. item No. 5. instance No. ?1 . I 6. Location (Photo and Photographer) . a Ammonia. Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a m; roadway used by the employer L..- and contractors and not protected 300 Ton Chiller RWC-S. against vehicle impact. Confidential Materials Cont. OSHA 89A .9 Photo Mounting Worksheet U.s. Department Of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo ID No. 2. Date Time 27 7/6/11 3. Citation No. 4. Item No. 5. instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. Accumulator A-1 Evaporative Condenser EC. Confidential 3- Materials Cont. 1. Photo ID No. 2. Date Time 23 7/6/11 3. Citation No. 4. Item No. 5. instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. Recirculator R-2, Thermosyphon 7' Vessel TSV, Evaporative Condenser EC, High Pressure Receiver HPR. I Confidential 3. Materials 00m- OSHA 89A 3 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration inspection N0. 77245 1. Photo ID No. 2. Date Time 29 7/6/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. High Pressure Receiver HPR, Evaporative Condenser EC, Accumulator A-1, Chiller Confidential 3- Materials Cont. . 1. Photo No. 2. Date Time I), 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) - -- Ammonia Refrigeration System. 7. Description 300 Ton Chiller RWC-3. Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and. contractors and not protected against vehicle impact. Confidential Materials Cont. OSHA 89A 9 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo ID No. 2. Date Time 31 7/6/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location {Photo and Photographer) Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. Recirculator R-2, Thermosyphon Vessel TSV, Evaporative Condenser EC, High Pressure Confidential 3- Materials Cont- a 1. Photo No. 2. Date Time 65 8/11/11 - 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description Facility siting issue with ammonia equipment and associated piping and valves located adjacent to a roadway used by the employer and contractors and not protected against vehicle impact. Accumulator A-1 300 Ton Chiller RWC-B. Confidential 3- Materials CON- OSHA 89A 6 US. Department of Labor Occupational Safety and Health Administration - Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Name Case Farms Processing, Inc. DBA Name Case Farms Chicken Type Of Vioiation Serious Citation 1 Item/Group 5 Number Number Exposed 478 No. Instances 1 REC Special Employer's All . Enforcement? Relationship to Hazard Standard Substance Codes ?Aneged Violation Description 29 CFR The process hazard analysis shall address human factors: a. The 2000, 2005, and 2010 did not adequately address human factors for the ammonia refrigeration system su'ch as, but not limited to, the following: lack of trained operators for emergency operations and emergency shutdown on second and third shifts; lack of trained operators when trained eranoyees are on leave; and operator overload during normal operations, emergency operations, and emergency shutdown. Recommended Abatement Action Penalty - Severity High Probability Greater Gravity High Size 0% Gravity based 7000.00 Good Faith 0% Penalty Num Times Repeated History 0% Multiplier 1 Quick Fix 0% Calculated Penalty 7000.00 Proposed Penalty 7000.00 Proposed Penalty Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User-entered Abatement Due Date - Date Abated Abatement Yes - Date Verified Documentation Required? Abatement Completed Description: MultiStep Abatement Type/Other Type Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers [20. Instance Description: - A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: C) Location: d) Injury/Illness (and Justifications for Severity and e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation:_- 1 . Item: 5 Group: Serious Repeat - Serious Unclassified citation [j Willful-Serious Repeat - Other HAL Type: I: Willful?Other Times Repeated ATAR Serious - Other Than Serious ATAR Other Standard_:_' 29 CFR AVD Text: The 2000, 2005, and 2010 did not adequately address human factors for the ammonia refrigeration system such as, but not limited to, the following: lack of trained operators for emergency operations and emergency shutdown on second and third shifts; lack of trained operators when trained employees are on leave; and operator overload during normal operations, emergency operations, and emergency shutdown. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: Gravity Based Penalty: El High Greater Size: 40% 30% . 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low History 10% 0% 10% Increase Minimal i? i $7,000.00 $7,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: . .4 'Nury?nberbf Instances: _'Related Special :V'llEmploy'ers 2 Substance." . - Event .4 Enforcement . Relationshipto i ?Cedes' Code- "Types Hazard a Egregious I: Creating Referral Corp. SA Controlling Fatality Referral to DOJ Correcting ED Exposing 4 Variance All Days to Abate: - Corrected During Date Verified: Multi Step: . Engineering: Plan PPE Other: ?Easement Conibleted Description: - Instance Eprsure: 478 Frequency: Daily .V Total Duration: Years Proximity: First Name: John Last Name: Mahoney Refrigeration . Coordinator Job Title: Occupation: 1: Street Address 2: City: . .. Hazardous Operation:- such as, but not limited to, the following: lack of trained operators 1 for emergency operations and emergency shutdown on second rh??bcc, 2005. 'ahd '2016 did not adequater address ?4 human factors for the ammonia refrigeration system and third shifts; lack of trained operators when trained employees are on leave; and operator overload during normal operations, emergency operations, and emergency shutdown. B. Equipment: C. Location: Ammonia refrigeration system. D. Injury/Illness: I Fire/explosion hazardn?death, burns. Exposure to ammonia? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corros__ive__b_urns, blister formation. E. MeasUrements: Employer had a written PSM program which addressed Element 2 Process Hazard Analysis (PHA). John Mahoney, Refrigeration i Supervisor/PSM Coordinator, managed the PSM program. Mr. F. Employeernowledge: .. Mahoney who represents the employer belonged to the Refrigeration. Engineering Technician Association (RETA) and received a quarterly booklet. Mr. Mahoney was familiar with - human factors such as trained personnel issues. G. Comments: Mr. Mahoney said that Colonial Webb had a contract with'Case Farms to help in performing PHA Revalidations. The 2000 PHA was obnducted on 7/11/2000 by Baker Refrigeration Systems and Case Farms personnel. The 2005 PHA Revalidation was conducted on June 8-9, 2005 by Colonial Webb Contractors and Case Farms personnel. The 2010 PHA Revalidation was conducted on September 1-2, "2010 by Colonial Webb Contractors and Case Farms personnel. 1 Mr. Mahoney said that personnel staffing was not adequately addressed. Mr. Mahoney requested additional personnel trained . requests to Dorel Jacobs, Maintenance Manager; Dale Gharky, ex-H.R. Manager; Abel Acen, HR. Director; Paul Nelson ex?Plant . Manager; and Ron Hightower, Plant Manager. Mr. Mahoney a four employees are only for normal shutdown at the end of first Currently, Mr. Mahoney isthe only employee who knows and can operate the entire ammonia refrigeration system. in ammonia refrigeration many times since 2007. He made asked for more employees that could be trained or had ammonia refrigeration experience. Within the last year and within the last 15-16 months, Mr. Mahoney found two individuals who had ammonia refrigeration experience. The individuals wanted $18- 20 per hour. Upper management never hired the personnel according Mr. Mahoney. Mr. Mahoney told the CSHO that upper management was looking into hiring additional personnel but ?blew him off? when he asked for more ammonia refrigeration personnel. At the end of August 2011, Mr. Mahoney again asked Mr. Hightower and Mr. Acen for additional personnel. Mr. Mahoney would like at a minimum one ammonia refrigeration employee per shift. Currently they only have one employee (Ceddrick Vaughn) who is in training as of May 2011. The other shift. No ammonia refrigeration employee coverage on 2'1d and 3rd shifts. At the Case Farms? Morgantown and Goldsboro, NC, processing plants which were running a sanitation and two processing shifts, there were two ammonia refrigeration employees each on 1$1 and 2'1d shift and 1 ammonia refrigeration employee on 3rd shift, in addition to the PSM Coordinator/Refrigeration Supervisor. Mr. Mahoney said that he received phone calls 5-6 times per year on 2"d and 3rd shifts due to power outages, leaks, or other ammonia problems such as with the compressors. in the last week of August 201 1, Mr. Mahoney was called out to the plant due to a power outage. Mr. Mahoney had to start up i and reset ammonia equipment. warn the .ast 2-3 month? _called Mr. Mahone a ome ue opower alure. r. i Mahoney steps in the ammonia i had never received any ammonia refrigeration, PS shift bynow. manual in?the engine room. 'This? wash-the fir ime ad been in the engine/compressor room. training per the PSM standard. used to run the ammonia system on third shift; howeve moved to first shift in April/May 2011. There was no employee to monitor and che compressors and receiver tanks on 3rd shift. as aware that Mr. Mahoney was attempting to get mo for years to run the ammonia refrigeration system.W I thought Case Farms would have had 2 qualified employees per i- Other Emptoyer Info: Colonial Webb Contractors emailed the human factors to Case On or about June 30, 2011, Case Farms Chicken had an ammonia release/leak in the 28 degree cooler. Mr. Mahoney was out of the country on vacation and there were issues with employees not being trained on the proper emergency operations/shutdown procedures. Farms on 8/18/2011 because they were missing from the 2010 PHA Revalidation. The human factors appeared suspect due to the deletions and the deleted reference to Johnsonville Sausage on the report; however, it does not change status of the violation. The reference to Johnsonville Sausage could have been a computer error since Colonial Webb conducts for other companies; however, CSHO was "not. abletg'verify. References: Process Safety Managementm?Liidelines for Ammonia Refrigeration, 1995 Attachment, Generic What-if/Checklist Log . Sheet. CCPS, Guidelines for Hazard Evaluation Procedures, 2nd Ed. (1992). l.Rh?tosz US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 InSpection Number Opt. Insp. Number Establishment Name Case Farms Processing, Inc. DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/ Group 6 Number :Number Exposed 478 No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes EAlleged Violation Description Recommended Penalty Severity Probability Gravity Gravity based Penalty Proposed Penalty Justification: Abatement Action Num Times Repeated Multiplier Calculated Penalty 29 CFR The employer shall establish a system to address the team?s findings and recommendations; assure that, the recommendations are resolved in a timeiy manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possibie; develop a written schedule of when these actions are to be completed; communicate the'actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions: a. On the 2010 PHA, the completion dates for recommendation numbers 3 and 41 were not documented; actions to be taken were not completed for recommendation numbers 3, 4, 5, and 7; actions were not completed as soon as possible for recommendation numbers 4 and 7; and a written schedule of when actions were to be compieted (due dates) for recommendation numbers was not developed. I ?Size 0% "50on Go'SamT 0% Hui-story m? 0% 6&0 I ?scoop?0 Proposed-Penalty 5000,00 Abatement Details 30 Cal Days Days to Abate Abatement Status User-entered Abatement Date Abated Due Date Abatement Yes Date Verified Documentation Required? Abatement Completed Description: MultiStep Abatement Type Other Type Days to abate I User entered Completed(statusz Verify Date Abatement Due - Date Employee Exposure Exposure Name and Address I Duration Frequency Proximity Instance Telephone Numbers 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) I I b) Equipment: c) Location: (1) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: 1 - Item: .6 Group: I SeriOus Repeat - Serious El Unclassified chat-id? WillfuI?Serious Repeat - Other El HAL Type: Willful-Other Times Repeated ATAR - Serious I I [1 Other Than Serious I ATAR - Other Standard: 29 .CFR Text: On the 2010 PHA, the completion dates for recommendation numbers 3 and 41_ were not documented; actions to be taken were not completed for recommendation numbers 3, 4, 5, and 7; actions were not completed as soon as possible for recommendation numbers 4 and 7; and a written schedule of when actions were to be completed (due dates) for recommendation numbers was not developed. Recommended Abatement Action: (FOR USE 5(a)1) Severity: Probability: Gravity Based Penalty: High El Greater Size: 40% 30% 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low History El 10% 0% 10% Increase Minimal Pe'n?alt'y': $5,000.00 1" PropoSed-Penalty: . $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: . . . Related. 3 SpeCial Employers; - Substance i. Event - 3 I Enforcement - _5Re_lat_i_o_nship to. . codes i-Code - Type Hazard Complaint Egregious 1] Creating Referral Corp. SA Controlling I Fatality Referral to DOJ Correcting ID El Exposing Variance - All . Days to Abate: a \j Corrected During Inspection . Date Veri?ed: LMHW Step? flan ., PPE 0W Abatement Completed Description: Instance Exposure: 478 E'Frequency: Daily A ~1 .. Year First Name: Last Name: Total Duration: Proximity: John Mahoney A 'Job Title: Refrigeration Supervisor/PSM baggage: Street Address 1: Street Address 2: merry: B. .iEquipment: I O'rsta?a??oa'o PHA, the Eo?inbieii?h Agassi recommendation 3 numbers 3 and 41 were not documented; actions to be taken 4 were not completed for recommendation numbers 3, 4, 5, and 7; Hazard?qsoperah?ni recommendation numbers 4 and 7; and a written schedule of developed. actions were not completed as soon as possible for when actions were to be completed (due dates) for recommendation numbers was not Location: 3 Ammonia refrigeration system. ID. i E. Measurements: Fire/explosion hazard?death, burns. Exposure to ammoniaw death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis. pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, formation. 1 Employer had a written program-Which addressed Element 2 Process Hazard Analysis (PHA). John Mahoney, Refrigeration Employer Knowledgereceived a quarterly booklet. Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and Case Farms was issued a serious citation (lnsp. #314807413) for this same violation at its Morgan'ton, NC_location on 12/8/2010. G.?Comments: Farms to help in performing PHA Revatidations. Mr. Mahoney said that Colonial Webb had a contract with Case.? The 2010 PHA Revalidation was conducted on September 1?2, 2010 by Colonial Webb Contractors and Case Farms personnel. Mr. Mahoneysaidthe following regarding the 2010 PHA Revalidation recommendations: item 3 was completed; item 4 - was not completed; item 5 was not completed due to upper management deciding not to do it with no reason given; item 6 was completed with no action written other than"?DONE?; item 7 was open due to upper management not making a deciSion: items 18 22 had missing due dates but were completed; item 29 was not completed because due date was 10/31/11; and item I 41 was completed in 7/2011 but no completion date filled out. i-Ot'herirrEmployer Info: References: llAR Process Safety Management Guidelines for Ammonia Refrigeration, 1995. CCPS, Guidelines for Hazard Evaluation Procedures, 2?101 Ed. (1992). Photo's US. Department of Labor Occupational Safety and Health Administration Violation Work-sheet Print Date 1 12/06/2011 Inspection Number Opt. Insp. Number Establishment Name Case Farms Processing, Inc. DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 7/ Number Number Exposed 478 No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation Description 29 CFR The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and snail address at least normal operations: a. Written procedures for normal operations in the ammonia refrigeration system did not address oil draining from ammonia equipment without oil pots such as, but not limited to, the foliowing equipment: high side recirculator R?l, low side recirculator accumuiator and 300 ton chiller RWC-3. Recommended Abatement Action Pena?y l? Severity High Lesser Probability Gravity Moderate Size 0% Gravity based Pena?y 5000.00 Good Faith 0% Num Times Repeated History 0% Multiplier 1 - Quick Fix 0% Proposed Penalty Justification: Calculated Penalty 5000.00 Proposed Penalty 5000.00 Abatement Detaiis Days to Abate 30 Cal Days Abatement Status User-entered Abatement Due Date Date Abated Abatement Documentation Required? Yes Date Verified Abatement Completed Description: MultiStep Abatement . Type/ Other Type Days to abate User entered Compieted(status) Verify Date. Abatement Due Date Employee EXposure Exposure Name and Address Duration Frequency . Proximity I Instance i Telephone Numbers ?20. Instance Description: . A. Hazard B. Equipment C. Location Injury/Illness E. Measurements a) Hazards-Operation/ Cond ition-Accident: b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: .25. Other Employer Information: Violation Worksheet: Citation: 1 Item: 7 Group: Serious D'Repeat? - Serious Unclassified Citation Willful?Serious [:lRepeat - Other - HAL Type: Willful-Other Times Repeated ATAR Serious Other Than Serious ATAR Other Standard: . .gchR Home Written procedures for normal operations in the ammonia refrigeration system did not address oil draining from ammonia equipment without oil pots such as, but not limited to, the following equipment: high side recirculator low side recirculator R-Z, accumulator A4, and 300 ton chiller Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Pro'ba'b?ility: Gravity Based Penalty: High Greater SizeMedium Lesser Good Faith: El 25% 15% 0% - Low History 10% 0% 1:1 10% Increase Minimal . - Calculated $5,000.00 Proposed Penalty? $5,000.00 Penalty Justification: When Calcutated and Proposed Penalty Differ, Justification is required: Number of Instances: a if .. Related - Special I '.[Em.ployers Substance .- Event I '1 Enforcement Relationship .to - A - Codes 09.619 .. L. Type - Hazard - Complaint Egregious Creating Referral Corp. SA Controlling Fatality Referral to DOJ Correcting [1 ID Exposing [j Variance - IE All Days to Abate: orrected During Inspection 'Date Verified: "Multi Step: PPE "other: . Abatement Completed Description: Instance Exposure: 478 iFrequency: Daily lotal Duration: Proximit First Name: 3 John Last Name: ., Mahoney Job Title: Refrigeration Supervisor/PSM Occupation: Street Address 1: Street Address 2: A. Hazardous OperationWritten procedures for normal operations in the ammonia refrigeration system did not address oil draining from ammonia equipment without oil pots such as, but not limited to, the following equipment: high side recirculator R-i, low side recirculator R-2, accumulator and 300 ton chiller RWC-3. 1 B. Equipment: A-1, and 300 ton chiller High side recirculator low side recirculator accumulator C. Locatic?nitgd~ Ammonia refrigeration system. D. E. Measurements: . F. Employer KnOWiedgei' Fire/explosion hazard?death, burns. Exposure to ammonia?? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritatio'nlicorrosive burns, blister formation. Employer had a written PSM program and Standard Operating Procedures. The employer had written Oil Draining Procedures for draining from oil pots. John Mahoney, Refrigeration. Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and -- received a quarterly booklet. G. Comments: Mr. Mahoney said that Colonial Webb had a contractwit?hCase '4 Farms to update the procedures. Mr. Mahoney verified that the employer did not have written oil draining procedures for vessels that did not have oil pots. Mr. Mahoney had a total of 6 oil drain points. Two of them had oil pots: 140 ton chiller and 130 ton chiller (out of service). The other four vessels had no oil pots: high side recirculator R-1, low side recirculator R-2, accumulator A-1, and 300 ton chiller RWC-3. . There were differences in procedures for draining oil from vessels 't with and without oil?pots. Mr. Mahoney said that ~5 years ago he requested oil pots for the R-1, R-2, and however, it was not approved by upper management. Mr. Mahoney had additional spring loaded valves installed ~5 years ago to make it safer to prevent ammonia release. The spring loaded valves were added to vessels with and without oil pots. Mr. Mahoney was involved in an incident at approximately noon on 10/2/2006. Mr. Mahoney, who was a Lead Refrigeration Mechanic at the time, was draining oil out of the R-2 tank when a piece of frozen oil burst out under pressure and hit Mr. Mahoney in the hand, causing him to flinch, and to inadvertently open the valve much wider. This caused vapor and liquid to come out in larger quantities. Mr. Mahoney realized that he could not close the valve until he put on his safety mask, but he had absorbed so many vapors on his skin, that when he put on the ma . ing ammonia, and could not use the'mask?? :mwas present that day, and donner?own valve. There was less than 5 poun ammonia A . released in the air. The plant was partially evacuated and was i i approved for re-occupation at1:00 PM. Mr. Mahoney was taken i to the hospital as a precaution. He had mild skin burns from the ammonia. As a result of the incident, the standard valve controls were replaced with dead-man valves, which were spring loaded and close automatically when released. The ammonia release 3 could have been worse if the RSC employee was not present to . close the valve; and if Mr. Mahoney inadvertently opened or 3 i . closed the wrong valve prior to draining the oil or during the I incident. Partially ABATED: On 8/11/2011, CSHO Lowe received copies . of the following procedures: Procedure for Draining Oil out of 300 ,l H. Other Employer Info: Morris Chiller (dated 8/8/2011); Procedure for Draining Oil out of . - High Side Rec. Tank (dated 8/10/2011); Procedure for Draining Oil out of the Low Side Rec. Tank (dated 8/10/2011). No procedure for the accumulator A-1 hasbee?n received_._ i. Reference: 2?2008, Section 14.2.1 which states 1 References: I 2? . ?Detailed operating procedures suitable for each drain point shall i - - be provided?fo?rgiludraining operations". 3 Photos: 8, 12, 53 62 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration 4/ Inspection No. 77245 1. Photo ID No. 2. Date Time 3 (. . .405) 716/1 1 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia 3' Refrigeration System. 7. Description . No written oil draining procedures for draining oil from the recirculator Ft-1. Confidential 8- Materials Com. 1. Photo ID No. 2. Date Time 12 (. . .409) 716/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description No written oil draining. procedures for draining oil from the recirculator R-2. Confidential 8- Materials Cont. OSHA 89A Photo Mounting Worksheet I U.S. Department of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo No. 2. Date Time 53 8/4/11 3. Citation No. 4. Item No. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. I - 7. Description No written oil draining procedures for draining oil from the . accumulator A-1. Confidential 3. Materials Cont- 1. Photo ID No. 2. Date 3: Time 62 8/4/11 3. Citation No. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) I Ammonia Refrigeration System. I 7. Description No written oil draining procedures for draining oil from the 300 ton chiller RWC-S. Con?dential 8- Materials Cont. OSHA 89A 9 U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 77245 Inspection Number Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 8 Number Number Exposed 478 No. Instances 1 REC Special Empioyer's Ali Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation Description 29 CFR The employer shall develop and implement written operating procedures that provide clear for safely'conducting activities involved in each covered process consistent with the process safety information and shali address at least safety systems and their functions: - a. Written operating procedures for safety systems and their functions in the ammonia refrigeration system did not have accurate alarm and cutout information for equipment such as, but not iimited to, the following: low stage reciprOcating booster compressors high stage reciprocating compressors and evaporative condensers Recommended Abatement Action Penalty Severity Probability Gravity Gravity based Pena?y Num Times Repeated Multiplier I med?"Penalty ?oposed Penalty l-iigh Justification: Abatement Details Lesser . MOd?ratg 0% "630a Faith 0% History gawk Fix 0% .. I. Proposed Penalty 5000.00 Days to Abate 30 Cal Days Abatement Status User-entered Abatement Date Abate-d- Due Date Abatement Yes Date Verified Documentation Required? Abatement Completed Description: MultiStep Abatement Type] Other Type Days to abate User entered Completed(status) Verify Date Abatement Due - Date 1 Employee Exposure Exposure - Name and Address I Duration Frequency Proximity . Instance Telephone Numbers 20- Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements I a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer KnoWledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: . . Item: Serious Repeat - Serious Unclassified . bearish Willful-Serious Repeat Other 11 HAL Times Repeated ATAR Serious Type: lj Willful-Other ATAR Other Other Than Serious I'Standard: 29 CFR AVD Text: Written operating procedures for safety systems and their functions in.the - ammonia refrigeration system did not have accurate alarm and cutout information for equipment such as, but not limited to, the following: low stage reciprocating booster compressors high stage reciprocating compressors and evaporative condensers Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: Gravity Based Penalty: High - Greater SizeMedium Lesser Good Faith: 25% 15% 0% El Low History 10% 0% 10% Increase El Minimal .3 Calculated Penalty: $5,000.00 Proposed Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Number of Instances: Related pecial 4 Employers Substance Event Enforcement 1 Relationship to Codes Code ?Type - Egregious Creating Referral Corp. SA Controlling Fatality El Referral to DOJ Correcting ID Exposing 1 5 Variance All Days to Abate: Corrected During Date Veri?ed: Multi Step: Engineering: Plan PPE Otl'ier: Abatement Completed Description: pl I i EInstance Exposure: 478 Frequency: Daily Total Duration: Years Proxlml IFirstAN-ame: John Last Name: Mahoney Refrigeration SupervisorIPSM Coordinator Job-Title: Occupation: Street Address 1: Street Address 2: . . A. A. Hazardous Operation: Written operating functions in the ammonia refrigeration system did not have accurate alarm and cutout information for equipment such as, but not limited to, the following: low stage reciprocating booster compressors high stage reciprocating compressors and evaporative condensers Inaccurate information could lead to confusion and a potential ammonia release if an employee or contractor changed - the alarm and cutout information to reflect the inaccurate written procedure. SB- Equipment: Low stage reciprocating booster compressors high stage reciprocating compressors 01/02, and evaporative condensers C. Location: Ammonia refrigeration system. D. Injury/Illness: Fire/explosion hazard?death, burns. Exposure to ammonia- death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema. and respiratory arrest; edema, and blindness; and skin irritatlQQi burns. formation. E. Measurements: F. Employer Knowledge: - Employer had a written PSM program and Standard Operating Procedures. The employer had written Safety Systems. John - Mahoney, Refrigeration Supervisor/PSM Coordinator. managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association and received a quarterly booklet. Mr. M?honey said that Colonial Webb had a contract with Case Farms to update the procedures. Mr. Mahoney verified that the safety systems in the operating procedures were not accurate. ?Cut?In? was used in place of ?alarm? in many instances and the information appeared to "beureversed in various locations On 8/4/2011, csH'b Lowe received dated sefet steeds rep 088: H. Other Employer Info: . idated 8/4/2011) fro ,?Photos: - US. Department of Labor . Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. InSp. Number 634 Estabiishment Name Case Farms Processing, Inc. DBA Name Case Farms Chicken Serious Citation 1 Item Group 9 Type Of Violation Number Number'Exposed 3 No. Instances 3 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Alleged Vioiation Description 29 CFR Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee?s job tasks: - a. The employer did not train at least one maintenance employee, who was involved in emergency operations in the ammonia refrigeration system during a power failure, on the specific related procedures. 13. The employer did not train at least one maintenance employee, who performed preventative maintenance on the 300 ton chiller RWC-3, on the operating procedures for that specific chiller. c. The employer did not adequately train at least two maintenance employees, Who were involved in an ammonia release on or about June 30, 2011, in the specific emergency shutdown procedures. Recommended Abatement Action Penaky Severity High Probability Greater Gravity High Size 0% Gravity based 7000.00 Good Faith 0% Penalty 5 Num Times liepeated History 03/0 Elivlultiplier 1 Quick Fix 0% EQIcuiated Penalty 7000.00 Proposed Penalty 7000.00 Proposed Penalty Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User-entered Abatement Date Abated Due Date Abatement Yes Date Verified Documentation Required? Abatement Completed Description: MultiStep Abatement Type/ Other Type Days to abate User entered Compieted(status) Verify Date . Abatement Due - Date Employee Exposure Exposure Name and Address Duration I Frequency Proximity Instance Telephone Numbers A. Hazard B. Equipment Location D. Injury/Illness E. Measurements ?20. Instance Description: a) b) Equipment: (2) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Cltatlon: 1 Item:- 9 Group: Serious Repeat - Serious Unclassified Citation Willful?Serious Repeat - Other El HAL Type: Willful-Other . Times Repeated ATAR Serious Other Than Serious ATAR - Other Standard: 29 CFR AVD Text: a. The employer did not train at least one maintenance employee, who was involved in emergency operations in the ammonia refrigeration system during a power failure, on the specific related procedures. b. The employer did not train at least one maintenance employee, who performed preventative maintenance on the 300 ton chiller RWC-3, on the operating procedures for that specific chiller. c. The employer did not adequately train at least two maintenance employees, who were involved in an ammonia release on or about June 30, 2011, in the specific emergency shutdown procedures. Recommended Abatement Action: USE WITH 5(a)1) Severity: Based Penalty: High Greater Size: 40% 30% 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low History 10% 0% 10% Increase Minimal . Calculated Penalty: $7,000.00 I Proposed Penalty: $7,000.00 Penalty Justification: When Calculated and Proposed Penalty lefer, Justi?cation is required: Related i Special AEmplOyers - - - Substance I Event A Enforcement Relations-Ship to i Codes i Code - ?Type - - Hazard Complaint 3 [j Egregious Creating i Referral 2 [j Corp. SA Controlling Fatality {j Referral to DOJ Correcting ID Exposing Variance All Days to Abate: [j Corrected During Inspection Date Verified: Multiu?tuep: Engineering: Plan PPE Other: Abatement Completed Description: .um. Instance Exposure: 3 Frequency: Daily ~5 Mos. Total Duration: proximity: I First Name: Doru Last Name: Jacobs Job Title: Maintenance Manager Occupation: Street Address 2: "v i - a. The employer did not train at least one maintenance employee, who was involved in emergency operations in the ammonia refrigeration system during a power failure, on the specific related procedures. A. Hazardous Operation: b. The employer did not train at least one maintenance 4 - employee, who performed preventative maintenance on the 300 ton chiller RWC-3. on the operating procedures for that specific chiller. ..: [The ,empbyer did a not adequately train at least ?maintenance employees, who were involved in the ammonia release on or about June 30, 2011, in the specific emergency . shutdown procedures. 300 ton chiller ,E?qLiipment; A .. C.2Location:? 7 In the ammoniamrefrigeration system. D. Injury/IllneSS: a Firefekplosion hazard?death, burns. Exposure to ammonia? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive bums, blister formation. E. Measurements: F. Employer Knowledge: Employer had a written PSM program and Operator Mechanic Training Program which addressed initial training and refresher training every 3 years. John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the - Refrigeration Engineering Technician Association (RETA) and received a quarterly booklet. G. Comments: Currently, Mr. Mahoney is the only employee who knows and'ca'nm7 operate the entire ammonia refrigeration system. '4 Mr. Mahoney said that he received phone calls 5?6 times per year on and 3rd shifts due to power outages, leaks, or other ammonia problems such as with the compressors. in the last week of August 201 1, Mr. Mahoney was called out to the plant due to a power outage. Mr. Mahoney had to start up and reset ammonia equipment. On or about June 30, 2011, Case Farms Chicken had an ammonia release/leak in the 28 degree cooler. Mr. Mahoney was out of the country on vacation and there were issues with employees not being trained on the pr0per emergency Operations/shutdown procedures. Due to the lack of properly trained personnel, the ammonia release could have been made worse by employees who reacted improperly. .. ?has had any training on 5 norma emergency 3 ut own procedures, operating procedures, PSM, or ammonia refrigeration. Normal 'ob duties did not require operating the ammonia system?as not involved in ammonia refrigeration or PSM. approxrmately June or July 2011, at AM, there was a power failure at the facility, and there were no em Io ees who were trained on emergency operations achalled Mr. Mahoney at home for advice. Mr. Mahoney ham steps in the ammonia Emergency peratlons or Power Outa in essor/engine room. This was the ?rst time thah ad been in the compressor/engine room. The - ammonia system could have had a high level in the high pressure receiver which could have released to the atmosphere. ere were no employees to monitor levels on compressors and receiver tanks on 3rd shiftmhad received OJT and formal trainin on operating proce ures 4 throughout the years; however had not received any training I on th iller RWC-3 since it started in production in July 2010Whad not received any training on the start-up, norma opera Ions/shutdown, emergency operations/shutdown procedures, operating limits, and Inst. 0: On or about 6/30/2011, Dorel Jacobs, Maintenance Manager supp va ve were to use and the suction valve opened. Mr. Jacobs went on to the roof to verify the valve position. Mr. Jacobs changed his position during two separate interviews and said that all 4 suction valves were open for the 15?t floor 28 degree cooler and all 8 hot gas and . 8 liquid supply valves for the 1st 2nd ?oors were closed. Mr. 3 Jacobs was confused and opened the 4 suction valves for the 2nd floor. Mr. Jacobs had not received any training on how to perform an emergency shutdown of the cooler air units involved in the 6/30/2011 ammonia leak. did not follow emergency ownproce ures or coo er air units per instructions in SOP (Upstairs Downstairs Cooler Air Units) as reviewed by CSHO. There was confusion as to whether the suction valve was closed or left open. said that-only closed the hot gas (discharge) valve an supply valve and left the suction valve open. Mr. Mahoney said originally tha closed t_he_?_uction valve and. couldn?t SUC ION V3 V8 an I training on emergency shutdown procedures for the air units. remember whether it was supposed to be open or closed. Mr. Mahoney said that the suction An email (dated 9/16/2011 fro 0 gas va ve were closed when .had not had any formal or OJ the roof. _said that had read the Upstairs Downstairs Cooler Air Units SOP once inm2005 or 2006. H. Other Employer Info: According to John Mahoney, Refrigeration Supervisor/PSM Coordinator, approximately a little over 17 pounds of ammonia was released during the incident on 6/30/11. The third air unit in the 28 degree cooler had a leak in the tubes. According to the incident investigation, reference no. 63011, the highest ammonia readingobserved was 50?ppm. Photos: . U.S. Department of Labor - Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number . 634 Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 10 Number Number Exposed 2 No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes- Description Alleged Violation. 29 CFR Refresher training. Refresher training shall be provided at ieast every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The employer, in consultation with. the employees involved in operating the process, shall determine the appropriate frequency of refresher training: a. The employerdid not provide refresher training every three years on the standard operating procedures for at least two employees involved in the ammonia refrigeration system. Recommended Abatement Action Pena?y Severity High i Probability Greater Gravity High Size - 0% Gravity based 7000.00 Good Faith 0% Pena?y .Num Times Repeated . History 0% Multiplier 1 Quick Fix 0% Caiculated Penaity 7000.00 Proposed Penalty 7000.00 Proposed Penalty Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User-entered Abatement Due Date Date Abated Abatement Yes Docu mentation Required? bate Verified Abatement Completed Description: MultiStep Abatement I Type/ Other Type I Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure- Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers 20. Instance Description: a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements Violation Worksheet: Citation: 1 .: - Item: 0 Group: Serious Repeat Serious Unclassified Citatibn Willful-Serious Repeat Other I:l HAL Type? WillfuI-Othler I Times Repeated Serious Other Than Serious ATAR Other standardr'; .29 . -. Text:- The employer did not provide refresher training every three years on the standard operating procedures for at least two employees involved in the ammonia refrigeration system. - Recommended Abatement Action: (FOR USE WITH 5am Probability: Gravity Based Penalty High Greater. Size: 40% 30% [j 10% 0% Medium El Lesser Good FaithHistory. [1 10% 0% 10% Increase Minimal 3 Penalty: $7,000.00 Propeseci Penalty: $7,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Related a a Special .. Employers - ;Subst'ance - Event Enforcement. Relationship'to . "Codes; Cede - - Type - a "Hazard melaintmw muEgregious Creating I3 Referral El Corp. SA Controlling Fatality El Referral to DOJ Correcting I: Exposing Variance All Days to Abate: Corrected During Inspection Date Verified: ?ll-llulti? Engineering?:- .Plan . PPE I . I . Abatement Completed Description: Instance Exposure: 2 - Frequency: Daily Total Dyration: ProXirnity: 4 First Name: John Last Name: Mahoney J?b Title: Coordinator Occupation: Street Address 1: Street Address 2: City: r. . - involved in the System. The gagaay?iaim advises years on the standard operating procedures for at least two employees B. Eguipmentd. - . C. Location: D. Injury/Illness: In ammonia-refrigeration system. Fire/explosion hazard?death, burns. Exposure to death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis= pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation,_rcorrosive burns, blister formation. measurements: F. Employer Knowledge: Employer had a written PSM program and Operator Mechanic Training Program which addressed initial training and refresher training every 3 years. John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and . received a quarterly booklet. An Ohio EPA letter dated 10/21/2005 in reference to an 10/15/2005 RMP program audit'for Case Farms found the following deficiency: 3745-104-27 requires the owner or operator to provide refresher on operating procedures, operating - limits, safety and health considerations, and safety systems and their functions at leastmevery three years". G. Comments: John Mahoney, Refrigeration Supervisor/PSM Coordinator, stated that he had received initial training in PSM, operating/maintenance procedures, ammonia system, fundamentals, and OJT in 2005; however, Mr. Mahoney has never received refresher training on standard operating procedures. The training records verified this information. Since 2005, Mr. Mahoney has had only the following training: changing capacity motor and performing calibration on capacity and volume motor from the Vilter service technician; and 3/30 - 4/1/2009?compliance audit training from Colonial Webb Contractors. Mr. Mahoney took an online course in 2008 or 2009. Mr. Mahoney has learned 1910.119 PSM standard on his own from reading the standard and learning from other contractors/refrigeration technicians. had refresher training on the on 4/26/2008 which was 2 months overdue when OSHA began its ins action on 6/30/2011. Since the OSHA inspection began had refresher training on the on 7/15/2011 (A Additional training that-eceived between 2008 and 2011 included some procedures and was as follows: 2/25/2010?hot work permit refresher; 1/9/2010?small ammonia release refresher; refresher for ammonia systems; 10/17/2009?accidents and near misses review; 3/30 4/1/2009?compliance audit training from Colonial Webb Contractors; 1/10/2009?basic fundamentals of refrigeration . -. refresher; and 7/21/2008?overview of the refrigeration system refresher. On or about June 30, 2011, Case Farms Chicken had an ammonia release/leak in the 28 degree cooler. Mr. Mahoney was out of the country on vacation and there were issues with employees not being trained on the proper emergency operations/shutdown procedures. Due to the lack of properly trained personnel, the ammonia release could have been made worse by employees who reacted improperly. According to John Mahoney, Refrigeration Supervisor/PSM Coordinator, approximately a little over 17 pounds of ammonia a . . - was released during the incident on 6/30/11. The third air unit in H. Other Employer Info: the 28 degree cooler had a leak in the tubes. According to the incident investigation, reference no. 63011, the highest ammonia reading observed_was 50 ppm. A. ?1 U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 77245' 634 Inspection Number Opt. Insp. Number . Establishment Case Farms Processing, Inc. - Name Name Case Farms Chicken Type Of Violation Citation 1~ Number Exposed Serious Item/Group 11/ Number 478 No. Instances 4 REC Employer's All Special Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation Description - written procedures to maintain the on?going integrity of process equipment: 29 CFR Written procedures. The employer shall establish and implement a. The employer did not establish and implement written procedures for installing and replacing valves and gaskets including the specifications for the proper torqulng of flange bolts. b. The employer did not estabiish written procedures for testing valves annually. c. The empioyer did not estabiish and impiement written procedures for inSpecting and testing of piping and associated components such as flanges and supports. d. The employer did not establish written procedures for the testing of compressor safety cutout switches. . - - Recommended Abatement Action Penalty "severity High Probability Lesser Moderate Size 0% Gravity based Good Faith 0% Penalty ?Num Times Repeated History 0% Muitiplier 1 Quick Fix 0 Calculated Penalty 5000.00 Proposed Penalty Proposed Penalty Justification: Abatement Details 5000.00 30 Cal Days Abatement Status Due Date User?entered Abatement Date Abated Abatement Documentation Required? Yes Date Verified Description: Abatement Completed MultiStep Abatement Type/ Other Type Days to abate 1 User entered Abatement Due Date Completed(status) Verify Date Employee Exposure Exposure Instance Name and Address Telephone Numbers Duration 'Freauency Proximity ?20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) Hazards?Operation Cond ition-Accident: b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: '23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: 1 item: 11 Group: . . Serious Repeat - Serious Unclassified Citation Willful-?Serious Repeat Other :1 HAL - Willful-Other Times Repeated ATAR - Serious El Other Than Serious ATAR - Other Standard: :29 CFR - AVD Text: I a. The employer did not establish and implement written procedures for installing and replacing valves and gaskets including the specifications for the proper torquing of flange bolts. b. The employer did not establish written procedures for testing valves annually. 0. The employer did not establish and implement written procedures for inspecting and testing of piping and associated components such as flanges and supports. d. The employer did not establish written procedures for the testing cf compressor safety cutout switches. Recommended Abatement Action: (FOR USE WITH Slam . sass? Probability: Gravity Based Penalty: High Greater Size: 40% 30% 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low History El 10% 0% 10% Increase Minimal - calculated Penalty: $5,000.00 Proposed Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justlfication is required: Event 'Code i.:f 1 Number of Instances: .. . .. - Enforcement 'Type Employers Relationship to Hazard El Complaint Referral El Fatality ID Variance Egregious Corp. SA Referral to DOJ Creating Controlling Correcting Exposing All Substance Codes i Days to Muulti Step: Engineering: Plan Abatement C'oi'npleted Description?- El Corrected During inspection? Date V?ti?ed= PPE I owe}; 5 Instance ExposUre: 478 Total Duration: First Namet Years Frequency: Daily Proximit John Last Name: Mahoney 5- ., - Job Title: Occupation: Street Address 1: Street Address 2: City: Refrigeration SupewisorIRSM - Coordinator . . . A. Hazardous Operation: a. The employer did not establish and implement written procedures for installing and replacing valves and gaskets including the speci?cations for the proper torquing of flange bolts. b. The employer did not establish written procedures for testing valves annually. 0. The employer did not establish written procedures for inspecting and testing of piping and associated components such as flanges and supports. d. The employer did not establish written procedures for the testing otcompressor safety cutout switches. EqUipr?entt suppons. C. Locationi Ammonia refrigeration system. D. Injury/Illness: Fire/explosion hazard?death, burns. Exposure to ammonia? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. - Compressor safety cutout switches, piping, valves,flanges, and E. Measurements: F. Employer Knowledge: Employer had a Written PSM program and Mechanical Integrity-WW Program which addressed the frequency of the piping and valve inspections. John Mahoney, Refrigeration S'upervisor/PSM Coordinator, managed the PSM program. The employer?s 2019 PHA Revalidation addressed annual inspections of compressor safety cutout switches. Mr. Mahoney said that Colonial Webb had a contract with Case 7 Farms to update the procedures. Mr. Mahoney verified that the employer did not have the written Ml procedures for the above violations. Mr. Mahoney had a copy of Bulletin 110, Sections 6.4.3 to 6.7.3. The employer's annual testing of compressor safety cutout ., switches was not current as of 6/30/11. The employer?s inspections and tests of piping and associated components were performed every 5 years in lieu of annually. The employer had manufacturer?s bulletin information for the Parker inlet pressure regulators which had flange bolt torque requirements. In addition, the manufacturer?s bulletin information for Hansen butt weld sh ut-off valves had torque requirements for I bonnet cap screws. G. Comments; Approximately 2 years ago, Mr. Mahoney said that he installed a new gasket between a strainer and a Hansen H86 or HS8A solenoid valve located on the roof. Mr, Mahoney said that he did not torque the ?ange bolts. Mr. Mahoney evenly tightened the bolts using an alternating pattern. Mr. Mahoney never assured that the contractors (Refrigeration Systems Company and Mechanical Refrigeration Technology, Inc.) installing and replacing valves torqued the ?ange bolts. Mr. Mahoney stated that the contractors never used a torque wrench to torque valve flange bolts at the site. Mechanical Refrigeration Technology an . Refrigeration Systems Company never torqued valve flange . bolts. Mr. Mahoney said that the contractors did torque compressor heads in the past. In July/August 2010, more than 10 valves were installed by Mechanical Refrigeration Technology. After CSHO questioned the torque re uirements Mr. Mahoney contacted Hansen Technologiesmw Tech Support at Hansen Technologies emal ange bolt torque requirements and an IIAR interpretation to Mr. Mahoney on 8/4/11, Info}, CSHO contacted?and requested torque tables - with fo'r?thefollowingvalves: HsaA H86 and HCK4 provided a copy of an interpretation of - to stated that IIAR will be changing the language in Section 10.3.1.2 in the future to remove as indicated in the valve manufacturer?s installation documents" and replace with the phrase ?tighten bolts in an alternating pattern ensuring that the flanges and piping are properly aligned, and that the . resultingjoint is tight and leak free". CSHO received a copy of the Pipe Integrity Inspection SOP and Valve Re lacement SOP which were both prepared iColonial Webb Contractors on 8/16/2011. CSHO received a co of the SOP Annual Valve Testing prepared by?Coionial Webb Contractors on 8/30/201 1. CSHO received a co of the SOP Compressor Safety Cutouts prepared b?Colonial Webb Contractors on 9/26/201 1. valves which were received on 8/ said that the torque specs were not online. 3 a that . Hansen Technologies has had the torque tables for a few years- Referenceszl - 10.3.1 .2 ?Flange bolts shall be torqued as indicated in the valve manufacturer's installation documents". Reference: Bulletin No. 110, Section 6.7 which addresses piping. Reference: llAR Bulletin No; 110, Section 6.6 which addresses valves and sensing devices. Reference: IIAR Bulletin No. 110, Section 6.3.3 requires that compressor safety cutout switches be tested yearly. Photos: US. Department of Labor . Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number Establishment Name 634 Case Farms Processing, Inc. - DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 12 Number Number Exposed 478 No. Instances 2 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation Description Recommended Abatement Action 29 CFR The frequency of inspections and tests of process equipment shail be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience: - a. On or about June 30, 2011, in the ammonia refrigeration system, the testing of compressor safety cutout switches was not performed yearly as consistent with recognized and generally accepted good engineering practices (RAGAGEP). - b. On or about June 30, 2011, in the ammonia refrigeration system, the inspections and testing of insulated and uninsulated piping and associated components such asflanges and supports were not performed annualiy as consistent-with RAGAGEP and the frequency established by the employer's Mechanical Integrity Program. Penaity severity High m??y Greater 3500 High Size 0% Gravity-based 7000.00 Good Faith 0% Penalty Num Tirnes Repeated I History 0% :zmi?i'uItipIier 1 Quiet; Fix 0% Calculated Penalty 7000.00 Proposed Penalty 7000.00 Proposed Penalty Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User-entered Abatement Due Date - Date Abated Abatement Documentation Required? Yes Date Verified Abatement Completed Description: MultiStep Abatement Type/ Other Type Days to abate User entered Completed(status) Verify Date - Abatement Due Date Employee Exposure. 5 Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) Haza rds-Operation Condition?Accident: b) Equipment: c) Location: d) Injury/Illness (and 'Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: I Violation Worksheet: citatton. 1 .. 12 creep: Seri0us Repeat Serious Unclassified Chaim-51 [1 Willful~Serious Repeat - Other HAL Type: Willful~0ther Times Repeated ATAR Serious Other Than Serious ATAR Other Standard: 29 CFR AVD Text: a. On or about June 30, 2011, in the ammonia refrigeration system, the testing of compressor safety cutout switches was not performed yearly as consistent with recognized and generally accepted good engineering practices (RAGAGEP). b. On or about June 30, 2011, in the ammonia refrigeration system, the inspections and testing of insulated and uninsulated piping and associated components such as flanges and supports were not performed annually as consistent with RAGAGEP and the frequency established by the employer?s Mechanical Integrity Program. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: Gravrty Based Penalty: High Greater Size: 40% 30% 10% 0% Medium Lesser Good FaithHistory 10% 0% 10%.Increase Minimal - Calculated-Penalty: $7,000.00 - Proposed Penalty: $7,000.00 Penalty Justification: When Calcutated and Proposed Penalty Differ, Justification is required: Number or instances: Related .. 4 Event "Enforcement . @90de .. ilType Employers Substance Relationship to . Codes ?HazardHD-?H?; Creating Controlling Correcting Exposing All Complaint Egregious Referral Corp. SA Fatality El Referral to DOJ i ID Variance ., . .. Corrected During Inspection Date Verified: PPE Days to Abate: MlUliJltiSte-p: Engineering: Plan ?vb?then ?Kbatemnent Cornpleted Description: instance Exposure: 478 Frequency: 5Mos. :74Ym.5 John Total Duration: Proximity: First Name: Last Name: Mahoney Refrigeration Coordinator Job Title: Occnpation: "street Address 1: Street Address 2: A. --Haiardous_ Operation; Ii - a. On or about 6/30/11 in the ammonia refrigeration system. the testing of compressor safety cutout switches was not performed yearly as consistent with recognized and generally accepted good engineering practices (RAGAGEP). b. On or about 6/30/11 in the ammonia refrigeration system, the inspections and testing of insulated and uninsulated piping and associated components such as flanges and supports were not performed annually as consistent with RAGAGEP and the frequency established by the integrity Program. B. Equipment; 8 compressors no longer in operation); piping and associated components such as flangesmandnsupports. C. Location: Ammonia refrigeration system. .. Injury/Illness: Fire/explosion hazard?death, burns. Exposure to ammonia? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive formation. E. Measurements: F. Employer'lKnowledge: Employer-"had a writtenPSM program and a Mechanical integrity Program. John Mahoney, Refrigeration Supervisor/PSM 5 Coordinator, managed the PSM program. The employer?s . Mechanical Integrity Program references IIAR Bulletin #110 for clarification and has a frequency of annual piping inspections established. The employer?s 2010 PHA Revalidation addressed annual inspections of compressor safety cutout switches. Mr. Mahoney said that Colonial Webb had a contract with Case Farms to perform mechanical integrity inspections every 5 years. Mr. Mahoney had a copy of IIAR Bulletin 110, Sections 6.4.3 to I Testing of compressor safety cutout switches were performed on the following dates: 1/6/2009 1/30/2010 by John Mahoney. Mr. Mahoney said that the compressor safety cutout switches were not tested and up to date because he knew Colonial Webb -- was performing an Ml inspection in July 2011. i; Inspections/testing of piping and associated components were performed on the following date: July 2006 by Colonial Webb. Mr. Mahoney said that the piping and associated component - inspections were being completed by Colonial Webb every 5 years. In July 2011 after CSHO started the OSHA inspection, Colonial Webb found piping AU-5 that was too pitted to permit ultrasonic teSting. The recommendation was to replace the piping. The inspection also found major pitting on piping and minor pitting on piping which were still in the acceptable range. In addition, several evaporators in the process rooms were showing signs of corrosion on the piping. The recommendation was to prime and paint the piping to prevent the corrosion from getting worse. H.- Other Employer info; CSHO verified that testing of compressor safety cutout switches and inspections of piping/associated component were completed in Jul-y 2011 by Colonial Webb Contractors. Reference: llAR Bulletin No. 110, Section 6.3.3 requires that . compressor safety cutout switches be tested yearly. References:_- I Reference: IIAR Bulletin No. 110, Section 6.7.1. 6.7.2 requiring annual piping (insulated uninsulated) inspections to be performed. Photos: - US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number Opt. Insp. Number Establishment Case Farms Processing, Inc. 5 Name DBA Name Case Farms Chicken ?Type Of Violation Serious Citation 1 Item/Group 13 Number Number Exposed 478 No. Instances I REC Special Employer's All I Enforcement? Relationship 2 to Hazard Standard Substance Codes iAueged Violation Description 29 CFR The employer shall establish andimpiement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process: a. A management. of change covering the construction of the building around the 300 ton chiiler and associated equipment was not written and implemented to ensure that the changes to the facility did not affect the covered process. - Recommended Abatement Action Penalty Severity High Probability Greater Gravity High Size 0% Gravity based 7000.00 Good Faith 0% Penalty Num Times Repeated History 0% Multiplier 1 Quick Fix 0% Calculated Penalty 7000.00 I Proposed Penalty 7000.00 Proposed Penalty Justification: Abatement Details Days to Abate 30 Ca! Days Abatement Status Due Date User-entered Abatement Date Abated I Abatement - Yes Date Verified Documentation Required? iAbatement Completed Description: MultiStep Abatement Type/ Other Type Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: I Violation Worksheet: Citation: 1 Item: 13 Group: .. - Serious Repeat - Serious Unclassified Citation Willful-Serious Repeat Other HAL Type: Willful~0ther Times Repeated El ATAR - Serious [3 Other Than Serious ATAR - Other Standard: 29 AVD Text: A management of change covering? the construction of the building around the 300 ton chiller RWC-3 and associated equipment was not written and implemented to ensure that the changes to the facility did not affect the covered process. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: Grawty Based Penalty: High Greater Size: 40% 30% 10% 0% Medium El Lesser Good Faith: 25% 15% 0% Low History 10% 0% 10% Increase Minimal Calculated Penalty: $7,000.00 Proposed Penalty: $7,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Name of Inse?eegg; . }__?Rjelate_d_ pecial i - Employers . . Substance 5 Event Relationship'to COdes Code Type i El Complaint Egregious I:l Creating Referral Corp. SA I Controlling Fatality Referral to DOJ Correcting ID Exposing Variance All Days to Abate: Correctedeii-ring 'lnepection 1 Date Verified: Multi Step: Engineering: Plan PPE Otner: Abatement Completed Description: instance Exposure: 478 I Frequency:- Daily ne'lv?otlaILDuration. . Year i . John .n - ?Last?Name: Mahoney Refrigeration S'uper'wsor/PSM - Job Tit'e? Occupation: 1 1 - '5 .. i'A'maa?ag??mw5mg; was we ?saltwater the i HazardousOperation:I building around the 300 ton chiller RWC-3 and associated equipment was not written and implemented to ensure that the Changes to the faculty did ?Ct affect the. B. Equipment: 300 ton chiller RWC-B and associated piping and valves. Ammonia refrigeration system. C.,.L6cation: - 4 Injury/Illness:_ Fire/explosion hazard?death, burns. Exposure to ammonia?? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive E. Measurements: F. EmpIOyer .Knowledger Employer had a written PSM program and Management of Change (MOC) procedures which addressed John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association a (RETA) and received a quarterly booklet. - .G. Commenter-t I John Mahoney, Refrigeration Supervisor/PSM Coordinator, stated that no MOC was performed for the new building construction. Mr. Mahoney wrote the M00 for the 300.ton chiller RWC-3 when it was installed in June 2010. Mr. Mahoney was not involved in the building which was constructed around the 300 ton chiller RWC-3 and associated piping/valves in approximately November 2010 by Scheetz Building Corp. Mr. Mahoney said the ex-plant manager, Hambrick Edmonson was involved in the building construction. - Doru Jacobs, Maintenance Manager, sai- State Building Inspector, came in to inspect th arm system and emergency exit steps in ~April 2011. oticed them new'bLIilding-and asked when?itwwas conAs?trhuctAeF-??w found that the new building was not up to code and ordered it torn down. The building was torn down in ~April/May 2011. According to Mr. Jacobs, Elizabeth Gallardo, Safety Manager, coordinated the building project. There was no building permit for the construction of the building. H. Other Employer Info: Mr. Jacobs provided a letter from Richard Fisher with R. Fisher Architects, LLC. The letter (dated 9/14/2011) from R. Fisher . Architects, LLC, stated that the items which caused the ?rst ?red water ammonia? building RWC-3 to be torn down were as follows: 1. The building was constructed on a 6? plus or minus concrete slab with no perimeter foundation down 42? below grade. This would allow the slab to rise and fall with winter frost. This is a standard requirement of the Ohio Building Code. The wood stud wall was constructed without a rot proof (pressure treated) sill directly on the concrete. This is a standard requirement of the Ohio Building Code. The roofjoists were 2x12 wood at 24? 0.0. This is greatly undersized to support a snow load caused by snow buildup against the high building wall. The loading with snow drifting could reach 500 lbs. per sq. ft. The wood roof was Only rated at about 100 lbs. per sq. ft. Besides a the snow loading, we discovered there is an HVAC unit setting on the roof. It weighs over 500 lbs. total load. While redoing the plan, we also discovered that there is a 63?x63? motorized louver mounted in the end wall and a 54?x54? fan on the face near the sprinkler building end. This is required to ventilate the building if an ammonia leak is detected within the building. - The wood building had no lights or sprinkler system installed. .. . References: R. Fisher Architects, 9/14/2011. PhOtos: 25 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration 9) Inspection No. 77245 1. Photo ID No. 2. Date &Time 25 7/6/11 I. 3. Citation No. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) Ammonia Refrigeration System. 7. Description Area showing where the building around the 300 ton chiller RWC-3 used to be located. The original building was torn down because it did not meet code, and the employer did not perform an M00 for the building construction. Confidential 3- Materials COM- 1. Photo No. 2. Date Time 3. Citation No. 4. Item No. 5. instance No. 6. Location (Photo and Photographer) 7. Description Confidential 8- Materials Cont. OSHA 89A 6 US. Department of Labor I Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 i Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken :Type Of Vioiation Serious Citation 1 Item/Group 14/ Number Number Exposed 478 No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes - Alleged Violation 29 CFR The employer snail investigate each incident which resulted in, or Description couid reasonably have resuited in a catastrophic release of highly hazardous chemical in the I workpiece: The employer did not conduct an incident investigation for the ammonia release that occurred on or about October 2, 2006, when an employee was draining oil from the low side recirculator in the ammonia refrigeration system. . Recommended Abatement Aetion Pena?y Severity High Probability Lesser Gravity Moderate Size Gravity based 5000.00 Good Faith 0% Penalty Num Times Repeated History 0% Multiplier 1 Quick Fix - 0% Calculated Penalty 5000.00 Proposed Penalty 5000.00 Proposed Penalty Justification: Abatement Details Days to Abate 30'Cai Days Abatement Status I User-entered Abatement Date Abated Due Date iAbatement Yes Date Verified Documentation Required? Abatement Completed Description: MultiStep Abatement Abatement Due 5 Type/ Other Type Days to abate I User entered -Completed(status) Verify Date Date I Employee Exposure Exposure Name and Address Duration Frequency _PrOximity Instance Telephone Numbers - ?20. Instance Description: A. Hazard B. Equipment C. Location E. Measurements a) b) Equipment: c) Location; d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: . 25. Other Employer Information: Violation Worksheet: Citation:- 1 .. . 14 Group? i Serious Repeat ~y Serious Unclassified Willful?Serious Repeat - Other I: HAL Willful-Other Times Repeated [j ATAR Serious II I Other Than Serious [j ATAR - Other Standard: 29 CFR AVD Text: The employer did not conduct an incident investigation for the ammonia release that occurred on or about October 2, 2006, when an employee was draining oil from the low side recirculator R-2 in the ammonia refrigeration system. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: - GravatyBased Penalty: g] High Greater Size: 40% 30% [j 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low History El 10% 0% 10% Increase Minimal - Calculated Penalty: $5,000.00 PropoSed Penalty:- $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Number of Instances: - Event 0099. . El'a'i ht Referral Fatality ID Variance ?In-Related spear?? Enforcement Type Egregious Corp. SA Referral to DOJ . Creating Employers. Relationship to Hazard". . _$ubstance_. Codes Controlling El Correcting El Exposing El Multi Step: Days to Abate: . Engineering: El Corrected During Inspection Date Veri?ed: Plan PPE Abatement Completed Descriptioninstance Exposure: 478 Frequency: Daily Total Duration: .. ~5 . Years Proximity: First Name: Last Name: Job TitleJohn Mahoney R?f??e?ai'tibh Coordinator Occu ation: i . . - - The employer did not conduct an incident investigation for the A. Hazardous Operation: ammonia release that occurred on or about October 2, 2006, when an employee was draining oil from the low side recirculator R-2 inthe ammonia refrigeration system. B. Equipment: Ammonia refrigeration system. death; severe irritation of respiratory tract, glottal edema, arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. Fire/explosion hazard?death, burns. Exposure to ammonia-- bronchial spasm, bronchitis, pulmonary edema, and respiratory E. Measurements: Employer had a written PSM program and incident Investigation Em lo er Knowle'd e, resulted in (near miss), a catastrophic release of ammonia. John I 4 . Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer Procedures which addressed performing a formal incident investigation which resulted in, or which could have reasonably belonged to the Refrigeration Engineering Technician Association 3 (RETA) and received a quarterly booklet. John Mahoney, Refrigeration Supervisor/PSM Coordinator, said that he had no idea why no incident investigation was performed. I Dale Gharky, HR. Director, was in charge of the PSM program at that time. The incident at approximately noon on 10/2/2006. Mr. Mahoney, who was a Lead Refrigeration Mechanic at the time, was draining 5 oil out of the R-2 tank when a piece of frozen burst out under pressure and hit Mr. Mahoney in the hand, causing him to flinch, and to inadvertently open the valve much wider. This caused vapor and liquid to come out in larger quantities. Mr. Mahoney realized that he could not close the valve until he put on his safety mealmnt he had absorbed so that when he put onth?e mas 5 still breathing ammonia, and could not use the mask. rom RSC was present that day,_and donned his own mask to shut the valve. There was less than 5 pounds of ammonia released in the air. The plant was i partially evacuated and was approved for re?occupation at 1:00 PM. Mr. Mahoney was taken to the hospital as a precaution. He had mild skin burns from the ammonia. As a result of the incident, the standard valve controls were replaced with dead-man valves, which were spring loaded and close automatically when released. The ammonia release could have been worse if the RSC employee was not present to close the valve; and if Mr. Mahoney inadvertently opened or closed the wrong valve prior to draining the oil or during the incident. The employer should have looked at the following contributing factors: no written oil draining procedures for draining oil from vessels with no oil pots; the lack of employee training; and lack of or improper PPE worn on hands arms while performing the oil draining job. - H. Other Employer Info: LRrefegrences: US. Department of Labor Occupational Safety and Health Administration Violation Worksheet PrintDate 12/06/2011 Inspection NUmber Opt. Insp. Number Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Serious Citation - Item/Group 15/ - Number Number Exposed 478 No. Instances 3 REC Special I Employer's Ali Enforcement? Relationship to Hazard Standard Substance Codes ,Alieged Violation Description 29 CFR An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident: a, For the incident (reference #63011) which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, the incident investigation team did not include at least one person knowledgeable in the process. is. For the incident (reference #102608) which occurred on or about October 26, 2008, and invoived an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, an incident investigation team was not established. c. For the incident (reference #122806) which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a weided union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the floor drain, an incident investigation team was not established. Recommended Abatement Action Pena?y Severity High Probability - Lesser Gravity Moderate Size 0% Gravity based Penalty 5000.00 Good Faith 0 Num Times Repeated History Multiplier Caiculated Penalty 5000.00 - Proposed Penalty 5 Justification: Proposed Penalty 0 0% 5000.00' Abatement Details Days to Abate 30 Cal Days Due Date User-entered Abatement Abatement Status Date Abated Abatement Required? Documentation . Yes Date Verified Abatement Completed 2 Description: MultiStep Abatement Type Other Type Days to abate User entered Abatement Due Date Employee Exposure Com pieted(status) Verify Date Exposure Instance Name and Address Telephone Numbers Duration 20. Instance Description: Frequency Proximity A. Hazard B. Equipment C. Location D. Injury/Iliness E. Measurements a) Hazards?Operation/Cond ition-Accident: b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: Item: 15 Group: Serious - Repeat - SeriOus El Unclassified citation Willful?Serious Repeat - Other El HAL .. .. El Willful?Other Times Repeated ATAR Serious I Other Than Serious ATAR - Other Standard: -- 29 AVD Te'xt: a. For the incident (reference #63011) which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, the incident investigation team did not include at least one person knowledgeable in the process. b. For the incident (reference #102608) which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stern of a hot gas valve on the Reco chiller, an incident investigation team was not established. 0. For the incident (reference #122806) which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the floor drain, an incident investigation team was not established. Recommended Abatement Action: (FOR USE WITH 5(a)1) ?Severity: i Probability: - Gravity High Greater SizeMedium Lesser Good FaithHistory 10% 0% 10% Increase DMinimaI Calculated Penalty: $5,000.00 . 'Proposed?Penalty: Penalty Justification: When Calculated and Proposed Penalty Differ, Justi?cation is required: "W'Nti'r'hber of unsahcese""?"? Rte?lated- Event Code [j Complaint Cl Referral El Fatality Variance Enforcement .. .. El Egregious Corp. SA special Employers Relationship to Hazard Creating Controlling El Referral to DOJ . Correcting Exposing All Substance Codes Days. to ?65m: Corrected During Inspection Date Veri?ed: Multi Engineerin: Plan PPE Other: Abatement Completed Description: Instance Exposure: . 478 Frequency: Daily Total Duration: 3 M03. ~4Ym, 9 Proximity: First Name: Jomi.-.. .. i'l =2 Last Name: Mahoney Job 'Title': Coordinator -- Refrigeration Occupation: . .s - - - - Hazardous Opera-gtiionz. I a. For the incident (reference #63011) which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, the incident investigation team did not include at least one person knowledgeable in the process. b. For the incident (reference #102608) which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, an incident investigation team was not established. 0. For the incident (reference #122806) which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the ?oor drain, an incident investigation team was not established. 8. Eq uipment: Tubes of air unit 3; stem of a hot gas valve on the Reco chiller? and welded union on equipment. C. Location: Ammonia refrigeratiOn system. D. Injury/Illness; A Fire/explosion h'a'iard?death', burns. Exposure to ammonia?h death; severe irritation oirespiratorv tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin - j: irritatiOn, corrosive burns, blister formation. - - Employer had a written PSM program and Incident Investigation Procedures which addressed forming an investigation team with a person knowledgeable in the process and including a contractor if there was involvement. John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and .. received'a quarterly boOklet.? Gr-Cmmentsi - . John Mahoney, Refrigeration Supervisor/PSM Coordinator, said that he doubted if there was an incident investigation team for the 6/30/2011 incident investigation. Mr. Mahoney said that he was not part of the incident investigation team due to being on vacation when the incident occurred. Mr. Mahoney provided an incident investigation form prefilled with the reference number, date of incident, and facility information to Dorel Jacobs, Safety Manager, or-Elizabeth Gallardo, Safety Manager. He collected .. the statements and completed portions of the form based on information received from Ms. Gallardo. .. On 10/25/11, Ron Hightower, Plant Manager, said that Elizabeth Gallardo, Safety Manager; Doru Jacobs, Maintenance Manager; and he were part of the investigation team for the 6/30/11 incident. Abel Acen, HR. Director, said that there was no incident investigation team for the incident which occurred on 6/30/2011. Elizabeth Gallardo, Safety Manager, initiated the incident investigation on 6/30/2011. There were several meetings in - which Ms. Gallardo would brief/update the upper management on . the incident findings. Mr. Mahoney said that there was no investigation team for 10/26/2008 incident investigation. He was not familiar with the requirement for having an investigation team. I Mr. Mahoney said that the 12/28/2006 incident investigation most likely never hada team investigation. Mr. Mahoney was not involved in this investigation. He onlytold Dale Gharky, HR. Director, who was in charge of the PSM program at that time, i. where the leak was and wrote up a statement. Mr. Gharky told i Mr. Mahoney to sign the investigation form at the end. The manufacturer, Cherry Hili of the bad weld was never contacted as part of the investigation. According to John Mahoney, Refrigeration Supervisor/PSM Coordinator, approximately a little over 17 pounds of ammonia was released during the incident on 6/30/11. The third air unit in H. Other Employer Info: the 28 degree cooler had a leak in the tubes. According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 ppm. . References: Photosi? I MIA.- U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet I Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Name Case Farms Processing, Inc. Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 16 Number Number Exposed 478 No. Instances 4 REC Special Employer's All Enforcement? Relationship to Hazard- Standard Su bstancefclodes Alleged Violation Description 29 CFR A report shall be prepared at the conclusion of the investigation which includes at a minimum the factors that contributed to the incident: a. The incident investigation report (reference #63011), for the incident which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate inspections/testing of equipment, nonexistent replacement schedule for aging equipment, nonexistent ammonia detector system in the cooler, and inadequate training for ammonia refrigeration operators and emergency responders. I - b. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate operating procedures for maintaining water pressure, inadequate training for employees monitoring water pressure, and nonexistent low level alarm for lack of water pressure. c. The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, did not include all the factors which may have contributed to the incident including, but not limited to, the following: nonexistent annuai valve inspections and nonexistent annual valve testing procedures. d. The incident investigation (reference #122806), for the incident which occurred on or about December 28, 2006, and involved an ammbnia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the ?oor drain, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate quality assurance inspections and tests, inadequate quality assurance procedures, inadequate Case Farms Processing, Inc. Establishment Name I training for employees disposing of oi! impregnated with ammonia, and nonexistent operating procedures for disposing of blow down liquids. Recommended Abatement Action Penalty a) 13) Equipment: A. Hazard B. Equipment C. Location D. Injury/Illness E. Severity High Probability Lesser Gravity Moderate Size I 0% Gravity based 5000.00 Good Faith 0% Penalty Num Times Repeated History Multiplier 1 Quick Fix 0% Calculated Penalty 5000.00 Proposed Penalty 5000.00 Proposed Penalty I Justification: Abatement Details Abate 30 Cal Days Abatement Status User?entered Abatement Date Abated Due Date EAbatement I Yes Date Verified I 2 Documentation . Required? Abatement Completed Description: - MultiStep Abatement Type/ Other Type Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure Exposure I Name and Address Duration Frequency Proximity Instance g' TelephoneNumbers ?20. Instance DeSCription: Measurements c) Location: cl) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: I Violation Worksheet: Citation: 1 - 13 Group: . Serious .- Repeat - Serious Unclassified Willful-Serious Repeat Other HAL - Type? El Willful?Other Times Repeated [j ATAR Serious Other Than Serious ATAR ~.Other Standard: 529 CFR 1910.1 . .AVD TeXt: a. The incident investigation report (reference #83011), for the inCident which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate inspections/testing of equipment, nonexistent replacement schedule, for aging equipment, nonexistent ammonia detector system in the cooler, and inadequate training for-ammonia refrigeration operators and emergency responders. b. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate operating procedures for maintaining water pressure, inadequate training for employees monitoring water pressure, and nonexistent low level alarm for lack of water pressure.- - . c. The incident investigation (reference #102608), for the incident which occurred on or about October 28, 2008, and involved an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, did not include all the factors which may have contributed to the incident including, but not limited to, the following: nonexistent annual valve inspections and nonexistent annual valve testing procedures. d. The incident investigation (reference #122808), for the incident which occurred on or about December 28, 2008, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the floor drain, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate quality assurance inspections and tests, inadequate quality assurance procedures, inadequate training for employees disposing of oil impregnated with ammonia, and nonexistent operating procedures for disposing of blow down liquids. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability. Gravity Based Penalty: High [1 Greater Size: 40% 30% 10% 0% Medium- Lesser Good FaithHistory [110% 0% El 10% Increase 1: Minimal Penalty:- $5,000.00 ProposedPeha-Ity: $5,000;00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Number of Instances:- 7 Related . Special Employers I 'SubstanCe' . 3 Event" I Enforcement - Relationship to . Codes Code - Type - -- Hazard -- Complaint Egregious Creating Referral Corp. SA Controlling Fatality Referral to DOJ Correcting ID Exposing Variance All Corrected During Inspection Date Verified: Dayg'i1'totbaa [Mu'tuihstePI Plan PPE Other: Abatement Completed DescriptiOn: Instance Exposure: 478 I Frequency: I Daily I - . 3Mos.m Total Duration; -. -4Yrs, I First-Name: John Last Name: Mahoney Refrigeration SupervisorIPSM Title: Coordinator Occupation: Street Address 1 Street Address 2 . investigation repbrt A. Hazardous Operation: the incident which occurred on or about June 30, 2011, - and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate inspections/testing of equipment, nonexistent replacement schedule for aging equipment, nonexistent ammonia detector system in the cooler, and inadequate training for ammonia refrigeration operators and emergency responders. b. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate operating procedures for maintaining water pressure, inadequate training for employees monitoring water pressure, and nonexistent low level alarm for lack of water pressure. 0. The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, did not include all the factors which may have contributed to the incident including, but not limited to, the following: nonexistent annual valve inspections and nonexistent annual valve testing procedures. d. The incident investigation (reference #122806), for the incident which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the floor drain, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate quality assurance inspections and tests, inadequate quality assurance procedures, inadequate training for employees disposing .of oil impregnated with ammonia, and nonexistent operating procedures for disposing of blow down liquids. a quiuip'm?n '5 "15,3: Tubes of air unit 3; Morris chiller; hot gas valve on the Reco chiller; and VoTator equipment, Ammonia refrigeration system. Location: Fire/explosion hazard?death, burns. Exposure to ammonia?. -- death; severe irritation of. respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. E- .. .. Employer had a written PSM program and Incident Investigation Procedures which addressed identifying the root cause and - -- contributing factors on the incident investigation. John Mahoney, . - program. Mr. Mahoney who represents the employer belonged to -.3 the Refrigeration Engineering Technician Association (RETA) and Refrigeration Supervisor/PSM Coordinator, managed the PSM received a quarterly booklet. John Mahoney, Refrigeration Supervisor/PSM Coordinator, said that he was not part of the incident investigation team for the incident on 6/30/2011 due to being on vacation when the incident occurred. The incident investigation report (reference #630110) identified the only cause contributing to the release as an equipment defect/malfunction, Abel Acen, HR. Director, said that there Was no incident investigation team for the incident which occurred on 6/30/2011. Elizabeth Gallardo, Safety Manager, initiated the incident investigation on 6/30/2011. There were several meetings in which Ms. Gallardo onld brief/update the upper management on the incident findings. Mr. Acen said that he was not involved in identifying contributing factors and resolutions/corrective actions related to the incident. Mr. Mahoney said the contributing factors section of the Incident - . - . - .. .. Investigation did not include the ?lack of operating procedures(reference #91509) identified the only cause contributing to the releaSe as human factors. the incident on 9/15/2011. The incident investigation report Mr. Mahoney said that the Henry valve was in use for at least 17 years, and the valve was not being inspected annually for incident on 10/26/2008. The annual valve inspections were not started until a couple of years ago. The SOP Annual Valve Testing procedure was not developed until 8/30/2011. Mr. Mahoney agreed that the incident investigation report did not include lack of valve inspections and lack of valve 5 inspection/testing procedures. The incident investigation (reference #102608) identified the only cause contributing to the I - - release as an equipment defect/malfunction. Mr. Mahoney said that he was not on the investigation team for I the 12/28/2006 incident. The VoTator equipment was in use for only a few days prior to the ammonia leak. The manufacturer, I Cherry Hill of the bad weld was never contacted as partof the investigation. The incident investigation report (reference #122806) identified the only cause contributing to the release as human factors. H. Other Employerlnfo: According to John Mahoney, Refrigeration Supervisor/PSM Coordinator, approximately a little over 17 pounds of ammonia was released during the incident on 6/30/11. The third air unit in the 28 degree cooler had a leak in the tubes. - .- According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 ppm. - References:__ Photos: US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Name Case Farms Processing, Inc. Case Farms Chicken DBA Name Type Of Violation Serious Citation 1 Item Group 17 Number - Number Exposed 478 No. Instances 4 REC Special Employer's Ali Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation Description Recommended Abatement Action The empioyer shali establish a system to address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented: a. The incident investigation report (reference #63011), for the incident which occurred on or about June 30, 2011, and involved an ammonia reiease in the coils of air unit 3 in the 28 degree cooler, did not document the resolutions and corrective actions. b. The incident investigation report (reference #91509), for the incident which ocCurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not document the resolutions and corrective actions. c. The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and involved an ammonia vapor reiease aroundthe stem of a hot gas valve on the Reco chiiler, did not document the resolutions and corrective actions. cl. The incident investigation (reference #122806), for the incident which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the floor drain, did not document the resolutions and corrective actions. Penalty Severity I High Probability Lesser Gravity Moderate Size 0% Gravity based 5000.00 Good Faith 0% Penalty N-um Times Repeated History 0% iMultiplier 1_ Quick Fix 0% Ca'cu'ated Pena'tV- 5900-00 "09?92" Pam?? 500990.. Proposed Penalty I Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User?entered Abatement Due Date Date Abated . Abatement Documentation Required? Yes Date Verified Abatement Completed Description: MultiStep Abatement I Type] Other Type Days to abate User entered i Abatement Due Date Compieted(status) Verify Date Employee Exposure I Exposure Instance 120. Instance Description: I Name and Address Teiephone Numbers Duration Frequency Proximity a) b) Eduipment: c) Location: A. Hazard 8. Equipment C. Location D. Injury/Illness E. Measurements d) Injury/Illness (and Justif-ications for Severity and Probability): e) Measurements: 23..Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: 1 Item: 17 Group: Serious Repeat Serious Unciassified Citation Willful?Serious Repeat Other [j HAL Wiilful-Other Times Repeated ATAR - Serious - - 3:1 OtherThan Serious [j ATAR - Other Standard: '29 AVD Text: a. The incident investigation report (reference #6301 1), for the incident which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree c00 er, did not document the resolutions and corrective actions. b. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not document the resolutions and corrective actions. c. The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, did not document the resolutions and corrective actions. d. The incident investigation (reference #122806), for the incident which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a quantity of oil impregnated with ammonia which was emptied into the floor drain, did not document the resolutions and corrective actions. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severityri' '3'Probability: Gravity Based-Penalty: High Greater Size: 40% 30% 10% 0% Ij Medium IE Lesser Good Faith: 25% [j 15% 0% I: Low History Cl 10% 0% 10% Increase Minimal Calcui'atedPenalty: $5,000.00 Iml?roposed Penalty: $5,000.00 Penalty Justi?cation: When Calculated and Proposed Penalty Differ. Justification is required: -. 'Nliimber of Instances: ?Relatedw pecial? Employers gSu'bStAanm - Event? Enforcement; - Relationship to Codes - "Code? i. .0 Type Hazard - Complaint El Egregious Creating Referral Corp. SA Controlling .5 Fatality Referral to DOJ Correcting ID I Exposing Variance All 1 l-A Days to Abate: Corrected DUring Inspection i Date Verified: 'Multi Step: Engineering: Plan PPE other: Abatement Completed Description: Instance Exposure: 478 gFrequency: Daily 3 M05. i Total Duration: - 4 Yrs, - i Proximity: 9 M09. full} First Name: John Last Name: Mahoney Job Title: Coordinator "'R'?f'rig eratlo Occupation: MSWt-r-eet Address 1: Hazardous-Operation: .T . 'ihc'id?hi i'?v??iig?tion' spate nee its} the incident which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, did not document the resolutions and corrective actions. The incident investigation report (reference #93509). for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not document the resolutions and corrective ac?ons. The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stem of a hot gas valve on the Reco chiller, did not document the resolutions and corrective actions. d. The incident investigation (reference #122806), for the incident which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the VoTator equipment and a - quantity of oil impregnated with ammonia which was emptied into the floor drain, did not document the resolutions and corrective actions. '3 - Coils of air unit 3; Morris chiller; hot gas valve on the Reco chiller; Eqmpmentand VoTator eqUIpment. Ammonia refrigeration system. Fire/explosion hazard?death, burns. Exposure to ammonia?~? D. - i death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. E'JMeasure'ments: I. 3 Employer had a written PSM program and incident investigation Procedures which addressed recommended corrective and . - . preventative actions and time frames for implementation on the Em IO- ?r K'ndwled e_ incident investigation. John Mahoney, Refrigeration . - Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and received a quarterly booklet. John Mahoney, Refrigeration Supervisor/PSM Coordinator, said that he was not aware that he had to document and track resolutions and corrective actions for incident investigations. Mr. Mahoney verified that no resolutions and corrective actions were documented on the incident investigations. I I The incident investigation reports (reference #63011, 91509, 102608, 122806) did not have documented resolutions and corrective actions. i lrjiden??ed. The incident investigation reports did have recommendations Abel Acen, HR. Director, said that there was no incident investigation team for the incident which occurred on 6/30/2011. Elizabeth Gallardo, Safety Manager, initiated the incident investigation on 6/30/2011. There were several meetings in which Ms. Gallardo would brief/update the upper management on the incident findings. Mr. Acen said that he was not involved in identifying contributing factors and resolutions/corrective actions related to the incident. - According to John Mahoney, Refrigeration Supervisor/PSM . . Coordinator, approximately a little over 17 pounds of ammonia . was released daring the incident on 6/30/11. The third air unit in H. the 28 degree cooler had a leak in the tubes. According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 ppm. References: Photos: US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Elnspection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 18/ Number Number Exposed 478 No. Instances I . REC Special Employer's Ail Enforcement? - Relationship to Hazard Standard Substance Codes '3 Alleged Violation 29 The employer shali determine and document an Description appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected: . a. The employer did not determine and decument an appropriate response to two of the findings, PSM 12.41 and RM _15.8, on the compliance audit dated on or about March 30, 2009 through April 1, 2009. - Recommended Abatement Action Penalty I Severity?'m?h i Probability .. any Moderate Size 0% Gratuity-based.? Good-"IFaith Penalty Time's?Elm?Huisitory 0% Taliitipuer 1? . _?q?m2k Fix 0% Calculated pagan?ma" ?Propolsed mam??5000.00 ma;enalw - Justification: Abatement Details Abatement Status Days to Abate i User?entered Abatement Date Abated Due Date. 5? Abatement Documentation Required? Yes Date Verified Description: Abatement Completed MultiStep Abatement Type Other Type Days to abate User entered Abatement Due .Date Completed(status) Verify Date Employee Exposure Exposure Instance Name and Address Telephone Numbers Duration Frequency Proximity i20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: (2) Location: d) Injury/Iliness (and'Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: 1 Item: 13 Group: Serious I Repeat - Serious I [j Unclassified Citation Willful-Serious Repeat Other El HAL Type: WillfuI-Other Times Repeated ATAR Serious Other Than Serious ATAR Other Standard: 29 CFR The employer did not determine and document an appropriate response to two of the findings, PSM 12.41 and RM 15.8, on the compliance audit dated on or about March 30, 2009 through April 1, 2009. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: I PrObability: Gravity Based Penalty: High El Greater Size: 40% 30% 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low - History 10% 0% 10% increase Minimal . - - Calculated Penalty:- $5,000.00 I I Proposed Penalty: $5,000.00 Penalty Justification: When Calcuiated and Proposed Penalty Differ, Justification is required: of Instances: - - Related pe'cral Employers ;_Sub8ta_nce. -. Event Enforcement Relationship to (Codes .. . Code Type . Hazarg Complaint 2 Egregious Creating Referral Corp. SA Controlling Fatality Referral to DOJ Correcting ID Exposing Variance All Days to Abate: Corrected During Inspection 4 Date Veri?ed: Multi Step: Engineering: HMPlan PPE Other; Abatement Completed Description: - instance Exposure: 478 Frequency: . .A Daily U. Years First Name: John Proximity: Total Duration: Last Name: Mahoney J?b.Tme: 55,3353}? Occupation: Street Address 1; Street Address 2; City: A. Haiardous Operation: - The employer did not determine and document an appropriate response to two of the findings, PSM 12.41 and RM 15.8, on the compliance audit dated on or about March 30, 2009 throughApril 1, 2009.? B. Equipment: c. LoCatiOn: Ammonia refrigeration system. D. Injury/Illness: E. Measurements: 2 Fire/explosion hazard?death, burns. Exposure to ammonia?- a death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosiveburns, blister formation. . I F. Employer Knowledge: Employer had a written PSM program and Compliance Audit Procedures which addressed determining and documenting an appropriate response to each of the findings of the compliance audit. John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and received a quarterly booklet. The employer had Colonial Webb Contractors conduct a Process Safety Management (PSM) and Risk Management (RM) Compliance Audit during 3/30/2009 - 4/1/2009. Two of the findings, PSM 12.41 and RM 15.8, had a due date of 10/20/2011 which was years from the date the audit was performed and was excessive for what the recommendations entailed. Item 12.41 recommended adding accountability procedures for visitors and contractors to the written ERP. item 15.8 recommended including training for all employees in relevant procedures in the ERP. The items were assigned to the - safety department. CSHO reviewed the employer?s Emergency Action Plan Ohio Division and Emergency Response Plan (ERP) and did not find the accountability procedures for visitors and contractors. Since the procedures had not been written, the training had not been performed. As related to other training on the EAP and ERP, it was ongoing. g-T John Mahoney, Refrigeration Supervisor/PSM Coordinator, stated that the due date of 10/20/2011 for the findings, PSM -- 12.41 and RM 15.8, were provided by the safety manager, which he believed was Elizabeth Gallardo. Mr. Mahoney was not sure if the items had been completed because-it was the safety department?s responsibility. Other Employer Info: References: I Ph9t9.s:ia_ .3 .- . US. Department of Labor Occupational Safety and Health Administration Violation Worksh eet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group I 19 Number Number Exposed . 478 No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard- Stan?dard Substance Codes Aileged Violation 29 CFR Employers shall retain the two (2) most recent compliance audit Abatement Action Description reports: a. The empioyer did'not retain one of the most recent compliance audit reports dated on or about July 17 through July 18, 2006, and October 9, 2006. Recommended Pena?y '3 Severity Probability Gravity Gravity based Penalty Nlum Times Repeated Multiplier Calculated Penalty Proposed Penalty 'High Lesser Moderate 5000.00 Justification: Abatement Details Days to Abate User-entered Abatem Due Date .30 Cal Days ent Good Faith History Quick Fix Proposed Penaity 0% I 0 . 0 0% 5000.00 Abatement Status Date Abated Abatement Documentation Required? Yes Date Verified Abatement Completed Description: MultiStep Abatement Days to abate Type] Other Type User entered I Completed(status) Verify Date Abatement Due Date Employee Exposure 5 Exposure Name and Address - Duration Frequency Proximity Instance Telephone Numbers - 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: (1) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: I 25. Other Employer Information: Violation Worksheet: 1 Item: 19 Citation: Serious Repeat - Serious I:l Unclassified Citation l:l Willful?Serious I:l Repeat - Other - HAL Type:- Willful?Other Times Repeated ATAR Serious Other Than Serious ATAR Other Standard :29 CPR 'The employer did not retain one of the most recent compliance audit reports dated on or about July 17 through July 18, 2006, and October 9, 2006. Recommended Abatement Action: (FOR USE WITH Siam Severity: probability: Grawty Based Penalty: High ID Greater SizeMedium Lesser Good FaithHistory 10% 0% 10% Increase Minimal $5,000.00 - - . Propose.d._Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Number of Instances; - - i -. .S'pe'Cial. . Substance . T?Eilent; i to. "'COde Type ?Hazard Complaint I3 Egregious Creating Referral Corp. SA Controlling Fatality El Referral to DOJ Correcting ID Exposing Variance IE All . I Days to Abate: Corrected During Inspection Date Veri?ed: Multi Step: Engineering: Plan PPE Other: Abatement Completed Description: ginstance Exposure: 478 :Frequency: Daily i Yea rs Total Duration: 4 Proximity: First Name: John LastName: Mahoney Refrigeration Supervisor/PSM JOD Tme: Coordinator Occupation: Street Address 1: Street Address 2: City: A. Hazardous Operation: 'e'mpraygria not basalts most 'r?c'ehf cq?raprrahea audit reports dated on or about July 17 through July 18, 2006, 9, 2006. C. Location: D. Injury/Illness: Ammonia refrigeration system. Fire/explosion hazard?death, bums. Exposure to ammonia? death; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory . arrest; edema, and blindness; and skin irritation, corrosive burnslublis?ter.formation. E. Measurements: F. Employer~Knowledge: Employer had a written PSM program and Compliance Audit Procedures which addressed that the two most recent compliance audit reports shall be retained. John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and received a quarterly booklet. G. Cemments: Other - The employer had Colonial Webb Contractors conduct a Process Safety Management Compliance Audit during July 17 through July 18, 2006, and October 9, 2006. John Mahoney, Refrigeration Supervisor/PSM Coordinator, stated that he had no idea why the compliance audit report and response to the findings were not retained. Mr. Mahoney had Colonial Webb send another copy of the compliance audit report which was received on approximately 8/12/2011 and prOvided to CSHO on 8/16/2011. The copy sent did not include responses to each of the findings. References: U.-S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 InSpection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name . DBA Name Case Farms Chicken :Type Of Violation Serious Citation 1 Item/Group 20/ - - Number Number Exposed 4 No. Instances I REC Special Employer's Ail Enforcement? Relationship to Hazard Standard Substance Codes -. Alleged Vioiation Description Recommended Abatement Action 29 CFR Based on the hazardous substances and/or conditions present, the individual in charge of the ICS shall implement appropriate emergency operations, and assure that the personal protective equipment worn is appropriate for the hazards to be encountered. However, personai protective equipment shali meet, at a-minimum, the criteria contained in 29 CFR 1910.156(e) when worn while performing fire fighting operations beyond the incipient stage for any incident: a. On or about June 30, 2011, the individuai in charge of the Incident Command System (ICS) during the ammonia leak in the 28 degree cooler did not implement appropriate emergency operations and assure that the appropriate personal protective equipment was worn including, but not limited to, the following: aliowing non-trained employees to reSpond to an ammonia release; permitting empioyees with no medical evaluation, fit testing, and training to wear full facepiece respirators; ensuring the ammonia monitor received a bump test or calibration;-and ensuring the use of rubber/chemicai gloves, boots and apron. Penalty Severity I High Probability Greater 0am High Size 0% Gravity-based 7000.00 Good Faith 0% Penalty Num 'i'imes Repeated History 0% -?ul?plier 0% mag. Penalty 7000.00 .. . Justification: Abatement Details Days to Abate 30 Ca! Days Abatement Status User-entered Abatement Date Abated Due Date Abatement Yes Date Verified Documentation Required? Description: Abatement Completed MultiStep Abatement Type/ Other Type Days to abate User entered Abatement Due Date Completed (status) Verify Date' Employee Exposure Exposure Instance Name and Address Telephone Numbers Duration Frequency Proximity 20. Instance Description: A. Hazard .3. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: 1 . Item: . 20 Group: Serious Repeat Serious [j Unclassified Citation Willful~Serious Repeat ~_Other [j HAL Type: Willful-Other Times Repeated ATAR - Serious Other Than Serious ATAR - Other Text: On or about June 30, 2011, the individual in charge of the incident Command System (ICS) during the ammonia leak in the 28 degree cooler did not implement appropriate emergency operations and assure that the appropriate personal protective equipment was worn including, but not limited to, the following: allowing non-trained employees to respond to an ammonia release; permitting employees with no medical evaluation, fit testing, and training to wear full facepiece respirators; ensuring the ammonia monitor received a bump test or calibration; and ensuring the use of rubber/chemical gloves, boots and apron. Recommended Abatement Action: (FOR USE 5(a)1) Severity: Probability: Gravity Based Penalty: High Greater SizeMedium Lesser Good Faith: 25% 15% K1 0% El Low History 10% 0% 10% Increase [1 Minimal - - calculated Penalty: $7,000.00 ProposedPenalty: $7,000.00 Penalty Justification: When Calcuiated and Proposed Penalty Differ, Justification is required: Related 4 Special Employers - Substance. . . Event Enforcement 1 Relationshipto 1 i ?Codes. . .. Complaint Egregious Creating Referral Corp. SA Controlling Fatality Referral to DOJ Correcting ID Exposing Variance All Days to Abate: I Corrected During inspection a Date Verified: Multi Step: Engineering: Pia" PPE Abatement Completed Description? On or about June 30, 2011, the individual in charge of the i- Incident Command System (ICS) during the ammonia leak in the I 28 degree cooler did not implement appropriate emergency operations and assure that the appropriate personal protective HaZar'dousijoperation: - equipment was worn including, but not limited to, the following: allowing non-trained employees to respond to an ammonia release; employees with no medical evaluation, fit testing; and training to wear full facepiece respirators; ensuring f: "s the ammonia monitor received a bump test or calibration; and .. ensuring the use of rubber/chemrcal gloves, boots and apron. Rubber/chemical gloves, boots, and apron were not worn by I emergency responders during the 6/30/11 ammonia leak/incident. B. Equipment" - I. C. Location: I I In the 28 degree cooler. Exposure to ammonia?edeath; severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and blindness; and skin irritation, corrosive burns, blister formation. - E. Measurements: . Employer had a program ?Case Farms Written Respiratory Program? which addressed providing medical evaluations, fit 2 testing, and training. Employer had a written program ?Emergency Response Plan which addressed training and wearing a chemical apron and chemical gloves when 1 Gallardo, Safety Manager, managed the respirator program and responding to an ammonia leak less than 100 ppm. Elizabeth ERP. Ms. Gallardo and Billy Holland, Safety DirectOr (Corp), were aware of the requirements for emergency response to I ammonia leaks. The MSDS for ammonia addressed the use of rubber gloves and boots. Reference: CPL 02-02?073, Appendix A as related to the 6/30/2011 ammonia release: 1. The emergency responders came from outside the immediate release area to locate the source of the leak and hose down the area. 2. The release required the evacuation of employees in the plant due to an ammonia reading of 50 ppm. The employer?s evacuation plan for Level 2 states ?when levels reach 20 ppm, all employees will be evacuated to the designated head count area, except for the response team?. 3. The release had the potential to pose conditions that were IDLH due to confusion on the responders? part as to how to contain the leak and which valves to open/close. In addition, at least 3 non-trained employees responded to the release. - The release caused high levels of exposure to ammonia. 8-hour TWA for ammonia is 50 ppm. According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 ppm; however, the reading was urce. The highest ammonia level observed as 50-51 ppm. 7. There was out whether the employees in the work area could handle the severity of the hazard with the PPE and equipment that had been provided, and the exposure limit could have been easily been exceeded. At least 3 employees, who were not trained on emergency response and had not been trained, medically evaluated, orfit tested on respirators, wore full face respirators to respond to the leak. Employees did not wear rubber/chemical gloves, boots and an apron per procedures MSDS. The MSA Altair Pro NH3 monitor used to evaluate the ammonia release had never been bump tested or calibrated per the manufacturer?s manual. At one point the employees were in the cooler looking for the leak without the NH3 monitor. 8. The situation pertaining to the ammonia release was unclear due to John Mahoney, Refrigeration Supervisor/PSM Coordinator, being on vacation. Mr. Mahoney was most familiar with the ammonia system and how to handle/sto the release. more Ex 7c and 7d - Staten'tent PPE worn: North full facepiece respirator, steel toed boot knit gloves, and USDA smock (100% polyester). was told to get I the MSA Altair Pro NH3 monitor and . At one oint egree coo er a 1 few times with the NH3 monitor and sulfur sticks to find the smeli.. At one point they were in the cooler looking for the leak . .. . without the NH3 monitor. The highest ammonia level observed by Mr. Vaughn was 50?51 ppm. The MSA Altair Pro NH3 monitor was not bump tested or calibrated prior to being used to find the ammonia release. On 8/11/11, John Mahoney, Refrigeration Supervisor/PSM Coordinator, said that he checked the MSA Altair Pro NH3 monitor ~3?4 months ago with a bottle of 100 however, 4 he did not follow the manufacturer?s manual. Elizabeth Gallardo, Safety Manager, directed employees to get respirators before going back into the 28 degree cooler on 6/30/11. Ex 7c and 7d Employee Statement Elizabeth Gallardo, Safety Manager, was acting as incident commander. Ms. Gallardo directed employees to get masks and ammonia monitor to ?nd and isolate/stop leak. . Abel Acen, HR. Director, stated that Elizabeth Gallardo took over as the incident commander for the 6/30/11 ammonia leak/incident. The original written plan ?Ammonia Leak First Responders, Incident Commanders Employee Evacuation? had Elizabeth Gallardo identi?ed as an incident commander. I A A According to John Mahoney, Refrigeration Supervisor/PSM Coordinator, approximately a little over 17 pounds of ammonia was released during the incident on 6/30/11. The third air unit in i the 28 degree cooler had a leak in the tubes. Other-Employer Info: According to the incident investigation, reference no. 63011, the 'guhighest ammonia reading I, ammonia leak and hose down the walls th?duce the ammonia Photos U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 77245 634 Inspection Number Opt. Insp. Number Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 21 Number Number Exposed 3 No. Instances 1 REC Speciai Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation Description Recommended Abatement Action 29 CFR First responders at the operations level are individuals who respond to releases or potential releases of hazardous substances as part of the initial response to the site for the purpose of protecting nearby persOns, property, or the environment from the effects of the release. They are trained to respond in a defensive fashion without actually trying to stop the release. Their function is to contain the release from a safe distance, keep it from spreading, and prevent exposures. First responders at the operational level shall have received at least eight hours of training or have had sufficient experience to objectively demonstrate competency in the following areas in addition to those listed for the awareness ievel and the employer shall so certify: a. On or about June 30, 2011, in the 28 degree cooler, at least three employees who responded in an attempt to locate where the ammonia leak was originating had not received at least eight hours of first responders training at the operations level. Pena?y Severity High may? create GraVity High Size 0% Grantham 3000.00 Good Faith 0% Pena?y Num :l'uiumes Repeated? History .. Fix .. 0% Calculated Penalty 70.00.00 Proposed Penalty 7000.00 :Proposed Penalty Justification: Abatement Details Days to Abate 30 Cal Days Abatement Status User-entered Abatement Date Abated Due Date Abatement Yes Date Verified Documentation Required? Abatement Completed Description: 'MultiStep Abatement Type/ Other Type Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure Exposure Name and Address . Duration Frequency Proximity Instance Telephone Numbers 5; 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: (1) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: 1 Item: 21 Group: Serious Repeat Serious Unclassified Citation Willful-Serious Repeat Other HAL Type? Willfu ~Othezr Times Repeated ATAR - Serious i- 1:1 Other Than? Serious El ATAR - Other AVD Text: On or about June 30, 2011, in the 28 degree cooler, at least three employees who responded in an attempt to locate where the ammonia leak was originating had not received at least eight hours of first responders training at the operations level. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: - .. Gravity IE High Greater Size: 40% 30% 10% 0% Medium Lesser Good Faith: El 25% 15% 0% D'Low History El 10% 0% I- 10% Increase Minimal Calculated Penalty: $7,000.00 Proposed Penalty: $7,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: 4 Related a Special 7 'v Employers . 7 [Sabstance 1 "Evenltn'_ 3. 'ZRelationship to - - - Codes Code Type . 2 Hazard Complaint [1 Egregious Creating Referral Corp. SA [1 Controlling Fatality Referral to DOJ Correcting ID 8 Exposing Variance All 1 -. 1 1 I 5 Days to Abate: Corrected During Inspection Date Verified: Multi? Step; hi5? ppe Other: Abatement Completed Description: 1; .. .. - IA. Hazardous Operation. C. Location; D. Injury/Illness: ENE-?Measurements: - On or about June 30, 2011, in the 28 degree cooler, at least three employees who responded in an attempt to locate where the - i ammonia leak was originating had not received at least eight hours of ?rst responders training at theuoperatiggsj? in the a Exposure to ammonia?death; severe irritation of respiratory i tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and skin irritation, corrosive burns, blister formation. 5 Employer Knowledge: Employer had a written program ?Emergency ReSponse Plan which addressed training and annual refresher training. Elizabeth Gallardo, Safety Manager, managed the ERP. Ms. Gallardo and Billy Holland, Safety Director (Corp), were aware of the requirements for emergency responder training. Ms. Gallardo had just become certified to conduct Reference: CPL 02-02?073, Appendix A as related to the 6/30/2011 ammonia release: The emergency responders came from outside the immediate release area to locate the source of the leak and hose down the area. 2. The release required the evacuation of employees in the plant due to an ammonia reading of 50 ppm. The employer?s evacuation plan for Level 2 states ?when levels reach 20 ppm, all employees will be evacuated to the designated head count area, except for the response team?. 3. The release had the potential to pose conditions that were IDLH due to confusion on the responders? part as to how to contain the leak and which valves to open/close. In addition, at least 3 non-trained employees responded to the release. 4. 5. 6. The release caused high levels of exposure to ammonia. 8-hour TWA for ammonia is 50 ppm. According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 ppm; however, the G. Comments: a reading was not at the source. The highest ammonia level observed was 50-51 ppm. 7. There was uncertainty about whether the employees in the work area could handle the severity of the hazard with the PPE and equipment that had been provided, and the exposure limit could have been easily been exceeded. At least 3 employees, who were not trained on emergency response and had not been trained, medically evaluated, or fit tested on respirators, wore full face respirators to respond to the leak. Employees did not wear . rubber/chemical gloves, boots and an apron per i procedures MSDS. The MSA Altair Pro NH3 monitor used to evaluate the ammonia release had never been bump tested or calibrated per the manufacturer?s manual. At one point the employees were in the cooler looking for the leak without the NH3 monitor. 8. The situation pertaining to the ammonia release was unclear due to John Mahoney, Refrigeration Supervisor/PSM Coordinator, being on vacation. Mr. Mahoney was most familiar with the ammonia system and how to handle/stop the release. The three employees addressed in this violation did not have any I experience as ?rst responders. Ex 7c and 7d employee statement The MSA Altair Pro NH3 monitor was not bump tested or calibrated prior to being used to find the ammonia release. Elizabeth Gallardo, Safety Manager, a Irecte emp Oyees 0 get respirators before going back into the 28 degree cooler on 6/30/11 to look for the ammonia leak. Ex 7c and 7d - employee statement Abel Acen, HR. Director, stated that Elizabeth Gallardo took over as the incident commander for the 6/30/11 ammonia leak/incident. - The original written plan ?Ammonia Leak First Responders .. Incident Commanders Employee Evacuation? had Elizabeth Gallardo identified as an incident commander. I 7 According to John Mahoney. Refrigeration H. Other Employer info: Coordinator, approximately a little over 17 pounds of ammonia - was released during the incident on 6/30/11. The third air unit in the 28 degree cooler had a leak in the tubes. According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 ppm. - - Photos: NIA- U.S. Department of Labor Occupational Safety'and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name - DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item] Group 22 5 Number Number Exposed 8 No. Instances 1 REC Special Employer?s All Enforcement? Relationship to Hazard Standard Substance Codes . Alleged Violation Description least yearly: 29 CFR Those employees who are trained in accordance with paragraph of this section shall receive annual refresher training of sufficient content and duration to maintain their competencies, or shall demonstrate competency in those areas at a. As of September 14, 2011, employees engaged in emergency reSponse as first responder operations ievel, hazardous materials technicians, and incident commanders had not received annual refresher training. Recommended Abatement Action Penalty Severity Gravity Penalty Multiplier Proposed Penalty Justification: Probability :5 Gravity based Num Times Repeated Calculated Penalty I Moderate 5000.00 1 Abatement Details Days'to Abate User-entered Abatement Lesser Size Good Faith?m .- istory. Quick Fix 5000.00 30 Cal Days Abatement Status Date Abated Proposed Penalty 5000.00 Due Date Abatement Documentation Required? Yes Date Verified. I Abatement Completed 1 Description: 'MultiStep Abatement Type/ Other Type I Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements 20. Instance Description: a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information; Violation Worksheet: Citation: 1 .. . Item: 22 .E Serious Repeat - Serious El Unclassified Citation Willful-Serious Repeat - Other HAL TYPE: Willful?Other - - Times Repeated ATAR - Serious 'Iui Other Than Serious I ATAR Other Standard: AVD Text:- As of September 14, 2011, employees engaged in emergency response as first responder operations level, hazardous materials technicians, and incident commanders had not received annual refresher training. Recommended Abatement Action: (FOR USE WITH Seventy: - . -: . Gravity Based Penalty; High Greater SizeMedium Lesser Good Faith: 25% 15% 0% [3 Low History 10% 0% 10% Increase [3 Minimal Calculated Penalty: $5,000.00 Preposed Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: I Number Related Special Event Enforcement Codgwm Type [3 Complaint [j Egregious Referral Corp. SA Fatality Referral to DOJ i [1 ID Variance Employers Relationship to Hazard a Creating Controlling Correcting [j Exposing I All Codes Days to Abate: 3 Date Verified: Substance I I .. 7 Multi Step: Engineering: Plan PPE Other; Abatement Completed-Description: l6. 65 r6:- i :15Instance Exposure: 8 Frequency: Daily 1 Yr., 2.5 Mos. Total Duration: Proximity: - First Name: John Last Name: Refrigeration Coordinator Occupation: 4 -- - - - Janine: Street Address 1: Street Address 2: City: Mahoney .. a. . Instance Exposure: 8 Total Duration: 1 Yr., 2.5 Mos. Proximity: First Name: Last Name: Job Title: Doru Jacobs Maintenance Manager Occupation: Street Address 1: Street Address 2: City: Instance. Exposure: I 8 Frequency: Daily I r. Tm" I Total Duration: 2.5 ProximityFirst Name: Andy E-Mail: Last Name: Leggett Telephone: '1 'Job Title: Sanitation Manager Mobile Number: Occupation: Street Address 1: Fax Number: ress City: State: 0H Zip Code: .. A. Hazardous-Operation: As of September 14, 2011, employees engaged in emergency response as first responder operations level, hazardous materials . technicians, and incident commanders had not received annual refresher training. B. Equipment: At the workplace most recently, the 28 degree cooler. C. Location: D. injury/Illness: Exposure to ammonia?dearr?g?ver?e i'rrit'?fib'? 6f tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest; edema, and E. Measurements: Employer Knowledge: blindness; and signinuirrjtation, corrosive burns, blister formation. rsEmergenbyh?egsaagg Plan which addressed training and annual refresher training. Elizabeth Gallardo, Safety Manager, managed the ERP. Ms. Gallardo and Billy Holland, Safety Director (Corp), were aware of the requirements for emergency responder training. Ms. Gallardo had just become certified to conduct HAZWOPER training in- house. The employer was issued a citation by OSHA (lnsp. #306544214) for this same standard and at the same site location on 3/24/2004. Emp'oyee JohnMahone - Hazardous Materials Technician/employee statement . _qlizabeth Gallardo, Safety Manager, was acting as me: ent commander. Ms. Gallardo directed employees a to get masks and ammonia monitor to find and isolate/stop leak. John Mahoney, Refrigeration 6_ Comments: Jacobs Maintenance Mana er' Wastewater Manager, all stated that they had not receive any HAZWOPER refresher training since June 2010. 6/26/2010 was the date for the last HAZWOPER training according to each employee?s certi?cate. The certificate for? Hand Andy Legge, aniaion anager was dated 6/26/2010 for their latest training. The original written plan ?Ammonia Leak First Responders, Incident Commanders Employee Evacuation" had Elizabeth Gallardo identi?ed as an incident commander. Abel Acen, HR. Director, stated that Elizabeth Gallardo took over as the incident commander for the 6/30/11 ammonia leak?ncident. 4 On 9/14/11, Abel Acen, HR. Director, said that the new safety manager, Joseph Vonderlieth starts 9/19/2011. One of his first duties would be to update HAZWOPER and bloodbo'rne pathogen training. i H. other Employ-er Info: - According to John Mahoney,'liefrigeration Superyisor/PSM Coordinator, approximately a little over 17 pounds of ammonia was released during the incident on 6/30/11. The third air unit in - the 28 degree cooler had a leak in the tubes. According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 during the 3' ammonia leak on 6I30/201?l. Photos: U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 - Inspection Number Opt. Insp. Number Establishment Name . Case Farms Processing, Inc. Case Farms Chicken DBA Name Type Of Violation Serious Citation 1 Item/Group 23 Number 3 Number Exposed 2 No. Instances 1 REC Special Employer's All Enforcement? Reiationship to Hazard Standard Substance Codes Alleged Vioiation Description 29 CFR The employer shall provide a medical evaluation to determine the empioyee's to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee?s medical evaluations when the employee is no longer required to use a respirator: a. On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been provided medical evaluations to determine each employeeEls to use a respirator before the employee was fittested and required to use a respirator in the workplace. - Recommended Abatement Action Pena?y Severity High Probability Lesser EGravity Moderate Size 0% based "5000.00 Good Faith. iPenalty Num Times Repeated History 0% mime.- ?1 Quick Fix. I 0% Calculated?Penalty 5000.00 proposed Penalty" 5000.00 Proposed Penaity Justification: Abatement Details Days to Abate 30 Cal Days . Abatement Status User-entered Abatement Due Date Date Abated Abatement Yes Documentation Required? Date Verified Abatement Completed Description: MultiStep Abatement Type/ Other Type Days to abate User entered Completed(statUS) Verify Date Abatement Due Date Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers i 20. Instance Description: a) b) Equipment: c) Location: Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer KnoWledge: 24. Comments: 25. Other Employer Information: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements Violation Worksheet: Citation: 1 Item; 23 Group: Serious Repeat - Serious Unclassified Citatio? El Willful-Serious Repeat - Other HAL Type: - .. Willful-Other Times Repeated ATAR - Serious - I Other Than Serious - ATAR - Other .?Standard:' 29 Avo Text: On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been provided medical evaluations to determine each employee?s ability to use a respirator before the employee was fit tested and required to use a respirator in the workplace. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: GraVIty Based Penalty: High l] Greater Size: [3 40% 30% 10% 0% Medium IE Lesser Good Faith: 25% 15% 0% Low History El 10% 0% El 10% Increase Minimal Calculated Penalty: $5,000.00 Pr0posed Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: .a of Instances: A Related Special Employers Substance Event Enforcement Relationship to Codes Type Complaint 2 Egregious Creating Referral Corp. SA Controlling El Fatality Ci Referral to DOJ Correcting ID I i Exposing Variance All Days to Abate: .[j'Corrected During Inspection Date Veri?ed: Engineering: Plan PPE Other: Abatement Completed Description: A. Hazardous Operation: B. Eguipm'e'nt: 0.. Location: D. Injury/illness: i E. Measurements: On or about June 30, 2011, in the. 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North futl facepiece negative pressure respirators had not been provided medical evaluations to determine each employee?s ability to use a respirator before the employee was fit tested and __required_t_g use a respirator in the workplace: North full facepiece negative pressure respirators'model 76008A. North N7500-4 NIOSH cartridges. In the 28 degree cooler. -. Potential heart attack or?hother medical condition. F. Employer KnOwledge; G. Comments: Employer had a program ?Case Farms Written Respiratory Program? which addressed providing medical evaluations before allowing use of respirators. Elizabeth Gallardo, Safety Manager, managed the respirator program. Ms. Gallardo and Billy Holland, 'y Safety Director (Corp), were aware of the requirements for medical evaluations. Ex 7c and 7d employee statement Elizabeth. Gallardo, Safety Manager, directed employees to get respirators before going back into the 28 degree cooler on 6/30/11. Ex 7c and 7d employee statement Ex 7c and 7d - employee statement continued . 5 According to John Mahoney, Refrigeration Supervisor/PSM Coordinator, approximately a little over 17 pounds of ammonia '1 was released during the incident on 6/30/11. The third air unit in Other (Employer. Info: 4' i_the 28 degree cooler had a leak in the tubes. Photos: US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 77245 634 Inspection Number Opt. Insp. Number Establishment Name Case Farms Processing, Inc. DBA Name Case Farms Chicken Citation Type Of Violation Serious 1 Item/Group 24/ Number Number Exposed 2 No. Instances I REC . Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Aileged Violation Description a. On or about June 30,2011, in the 28 degree cooler, at ieast two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been fit tested prior to initial use. 29 CFR The employer shall ensure that an employee using a tight?fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter: Recommended Abatement Action Pena?y Severity Probability Gravity Gravity based Pena?y Multiplier Calcuiated Penalty Nu'm Times Repeated Proposed Penalty Justification: Abatement Details Days to Abate User-entered Abatement Due Date Date Abated High Lesser Moderate Size 0% 5000.00 Good Faith 0% History 0% 1 Quick Fix I 0% - 5000.00 Proposed Penalty 5000.00 30 Cal Days Abatement Status I Abatement Yes Date Verified Documentation Required? Abatement Completed Description: MultiStep Abatement Type] Other Type Days to abate User entered Completed(status) Verify Date Abatement Due Date Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers . 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: (1) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: . 25. Other Employer Information: Violation Worksheet: Citation: 1 Item: 24 Group: - a Serious Repeat Serious Unclassified Citlatibni': Willful-Serious Repeat Other HAL Type: I. Willful-Other Times Repeated ATAR - Serious I I Other Than Serious ATAR Other AVD Text: On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been fit tested prior to initial use. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: GraVIty Based Penalty: High 13 Greater Size: 40% lj 30% 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low . History El 10% 0% 10% Increase Minimal "scale-elated .Peda'ltyif $5,000.00 Proposed-Penalty: $5,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: . Number of Instances: Related? 4 p' -- special ?1 :f DSu'bsta'nce Event a Enforcement ?vRelationshipto Codes __Code- Type Ha'zardumm - Complaint Egregious Creating Referral Corp. SA El Controlling I: Fatality - a Referral to DOJ Correcting ID Exposing DVariance i2] AHW I Days to Abate: Correcte'othiring Inspection - Date Verified: Multi Step: Engineering: Plan PPE Other: Abatement Completed Description: I A. Hazardous Operation: on a about June 30,2611, in th? (Scorer, at least as of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been fit - tested prior to initial use. B. Equipment: North full facepiece negative pressure respirators, model 7660-815? C. Location: In the 28 degree cooler. o. injury/Inness: Overexposur-eto ammonia?severe irritation of respiratory tract, glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest. E. Measurements: Fy. Employer Knowledge: Director Cor G. Comments: i H. Other Employer Info: - Employer had a program ?Case Farms Written Respiratory Program? which addressed providing fit testing before use of a respirator. Elizabeth Gallardo, Safety Manager,_managed the respirator program. Ms. Gallardo and Billy Holland, Safety . were aware of the re uirements for ?t testin . Elizabeth Gallardo, Safety Manager, directed employees to get respirators before going back into the 28 degree cooler on 6/30/11. 5 According to John Mahoney, Refrigeration Supervisor/PSM - Coordinator, approximately a little over 17 pounds of ammonia was released during the incident on 6/30/11. The third air unit in I - the 28 degree cooler had a leak in the tubes. Photos "i - NIA U.S. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 25/ Number Number Exposed 2 No. Instances 1 REC Special I Empioyer's All Enforcement? Relationship to Hazard 3 Standard Substance Codes Alleged Violation 29 CFR The employer shall provide the training priOr to requiring the Description employee to use a respirator in the workplace: a. On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been provided respirator training prior to being required to use 'a respirator. Recommended Abatement Action Penalty severity. .. High ., . .. .. basal . Em .. . 0% Penalty "Num Timesnl?Repeated I History". I 0% .caultipiier .. 1 Quid? 0% Blasted penal; "1mm, 5000.00 . Proposed Justification: Abatement Details -Days to Abate 30?0ai Days ibatement Status gmgaamt Date Abated Due Date Abatement Documentation Required? Yes Date Verified Abatement Completed Description: MultiStep Abatement User entered Com pleted(status) Type/ Other Type Days to abate Verify Date Abatement Due Date Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) Haza rds?Operation Condition-Accident: b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: :ICitatiOn: 1 . item: 25 Group: Serious El Repeat Serious Unclassified Citation_;_' Willful-Serious Repeat - Other HAL Type? 7 Willfulether Times Repeated [j ATAR - Serious Other Than Serious ATAR - Other Standard: 29 CFR - AVD Text: On or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been provided respirator training prior to being required to use a respirator. Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: Probability: Grav'ity BaSed-Pen'a'lty: High Greater Size: 40% 30% [j 10% 0% Medium Lesser Good Faith: El 25% 15% 0% Low History 10% 0% 10% increase Minimal Calculated Penalty: $5,000.00 Proposed Penalty: $5,000.00 Penalty Justification: When Caicuiated and Proposed Penalty Differ, Justification is required: 1;..55 Number of Instances: Related Special Employers - . Substance Event Enforcement Relationship to Codes Code Typew Hazard Complaint Egregious Creating Referral . [j Corp. SA Controlling Fatality 3 Referral to DOJ Correcting ID 3 Exposing I Variance All' Days to Abate: Corrected During Inspection Date Veri?ed: Multi Step: Engineering} Plan PPE Other: Abatement Completed Description: A. Hazardous Operation: 0n the cooler, at least two 4 respirator. C. Location: of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been provided respirator training prior to being required to use a North full facepiece negative pressure respirators, model ln the?38 deg reecooler. D. InjurylillneSS: Overexposure to ammonia?severe irritation of respiratory tract,"? glottal edema, bronchial spasm, bronchitis, pulmonary edema, and respiratory arrest. E. Measurements: - F. Employer Knowledge: G. Comments:- Employer?had a program ?Case Farms Written Respiratory Program" which addressed providing respirator training before employees use respirators. Elizabeth Gallardo, Safety Manager, managed the respirator program. Ms. Gallardo and Billy Holland, Safety Director (Corp), were aware of the requirements for resiratortrainin. EX 7c and 7d - employee statement 28 degree cooler on 6/30/11. EX 7c and 7d - employee statement According to John Mahoney, Refrigeration Supervisor/.PSM . Coordinator, approximately a little over 17 pounds of ammonia I was released during the incident on 6/30/11. The third air unit in the 28 degree cooler had a leak in the tubes. Photos: - - US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Name Case Farms Processing, Inc. DBA Name Case Farms Chicken Type Of Violation Serious Citation 1 Item/Group 26/ Number Number Exposed 61 No. Instances 2 REC Special Employer's Ail I Enforcement? Relationship to Hazard Standard I 1910..176(b) Substance Codes Alleged Violation Description Recommended Abatement Action- Pena?y Severity 29 CFR Storage of material shall not create a hazard: a. On or about July 5, 2011, in the Sanova room, acids and bases were stored together such as, but not limited to, the following: 275 gallon container of 20% Sanova Activator Concentrate (pH 0.5) stored adjacent to a 275 gallon container of 25% Sanova Antimicrobial Food Additive Base (pH 12.5). b. On or about July 6, 2011, in the chemical storage building (chicken hoUse), acids and bases were stored together such as, but not limited to, the following: three 300 gallon containers of Inspexx 100 (pH 1) stored between five 275 gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5) and sixteen 55 gallon drums of Aquamark Sodium Hypochlorite (pl-i 11-13); a 300 gallon container of Inspexx 100 (pH 1) stored near five 275 gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5), a 55 gallon drum of Aquamark Sodium Hypochlorite (pH 11-13), and two 55 gallon drums of Trans-it (pH 13); a 55 gallon drum of Science Lab 85% Phosphoric Acid (pi-l acidic) stored adjacent to a 275 gailon c'ontainer of AFCO 6008 Millennium Yeiiow (pH 11.8); and nine 275 gallon containers of 20% Sanova Activator Concentrate (pH 0.5) stored near three 55 gallon drums of Trans-it (pH 13) and a' 275 gailon container of AFCO 6008 Millennium Yellow (pH 11.8). Medium Probability Lesser Gravity Moderate . Size 0% Gravity based 4000.00 Good Faith 0% Penalty Num Times Repeated History I 0% Multiplier 1 Quick Fix 0% Calculated Penaity 4000.00 Proposed Penalty 4000.00 Proposed Penalty- Justification: Abatement Details i Days to Abate 30 Cal Days I Abatement Status 5 User-entered Abatement Date Abated Due Date Abatement Yes Date Verified Documentation Required? Abatement Completed Description: MultiStep Abatement Type/ ?i'ype' Days to abate User entered Completed(status) Verify Date - Abatement Due Date Employee Exposure Exposure Name and Address Duration - Frequency Proximity Instance Telephone Numbers Instance Description: A. Hazard 13. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: (1) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation; 1 Item: 25 Group": Serious Repeat - Serious Unclassified Citation Willfu ~Serious . Repeat - Other HAL Tribe: - Willful-Other Times Repeated ATAR Serious Other Than Serious ATAR - Other - CFR I .AVD Text: a. On or about July 5, 2011, in the Sanova room, acids and bases were stored together such as, but not limited to, the following: 275 gallon container of 20% Sanova Activator Concentrate (pH 0.5) stored adjacentto a 275 gallon container of 25% Sanova Antimicrobial Food Additive Base (pH 12.5). b. On or about July 8, 2011, in the chemical storage building (chicken house), acids and bases were stored together such as, but not limited to, the following: three 300 gallon containers of Inspexx 100 (pH 1) stored between five 275- gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5) and sixteen 55 gallon drums of Aquamark Sodium Hypochlorite (pH 11?13); a 300 gallon container of Inspexx 100 (pH 1) stored near five 275 gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5), a 55 gallon drum of Aquamark Sodium Hypochlorite (pH 11-13), and two 55 gallon drums of Trans-it (pH 13); a 55 gallon drum of Science Lab 85% Acid (pH acidic) stored adjacent to a 275 gallon container of AFCO 8008 Millennium Yellow (pH 11.8); and nine 275 gallon containers of 20% Sanova Activator Concentrate (pH 0.5) stored near three 55 gallon drumsof Trans?it (pH 13) and a 275 gallon container of AFCO 6008 Millennium Yellow (pH 11.8). Recommended Abatement Action: (FOR USE WITH 5(a)1) Severity: 'IProbability': Gravity Based Penalty: El High (1 Greater Size: 40% 30% 10% IIXI 0% Medium Lesser Good Faith: 25% 15% 0% El Low History 10% 0% El 10% Increase Cl Minimal . ?.z-5Calcmated Proposed-Penalty: $4,000.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Related I 1 Special 0 Employers 2 Substance . Event Enforcement . Relationship to Codes Code - Type 0 Hazard Complaint Egregious Creating Referral Corp. SA Controlling . Fatality Referral to DOJ Correcting lD l_J Exposing [j Variance All sit-ions 3-. . 'Num be of Instances: (Abatement:Detailsf-a i I . . . Days to Abate: Corrected During Inspection Date Verified: Multi Step: Engineering: Plan PPE Other: Abatement Completed Description: Instance Exposure: Total Duration: 'l Name! I John Last Name: Mahoney . J?b T'tle' 3 Coordinator .i . as .. . . InstanceExposure; I 61 Frequency: Daily . ~5 . . Proximity: First Name: 5.11:1: Job Title: Maintenance Manager Occupation: Street Address 1: Sireet Add resg-E? - '7 Instance Exposure: Total Duration: 3 ~5 First Name: IYears Proximity: Andy E-Mail: ,Last Name: Leggett Telephone: j-Jobfritle: Sanitation Manager Mobile Number: - Occupation: Fax Number: Street Address 1: Street Address 2: OH Zip CodeHazardous-Operation: bases were stored together such as, but not limited to, the following: 275 gallon container of 20% Sanova Activator Concentrate (pH 0.5) stored adjacent to a 275 gallon container of 25% Sanova Antimicrobial Food Additive Base (pH 12.5). Duration: ~5 Years Frequency: Daily Exposed Employees: 61 Photos: 1-5 b. On or about July 6, 2011, in the chemical storage building (chicken house), acids and bases were stored together 3 such as, but not limited to, the following: three 300 gallon containers of lnspexx 100 (pH 1) stored between five 275 "bn? Hort-about July 5, 201:"1 A gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5) and sixteen 55 gallon drums of, Aquamark Sodium Hypochlorite (pH 11-13); a 300 gallon container of lnspexx 100 (pH 1) stored near five 275 gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5), a 55 gallon drum of Aquamark Sodium Hypochlorite (pH 11-13), and two 55 gallon drums of Trans-it (pH 13); a 55 gallon drum of Science Lab 85% Phosphoric Acid (pH acidic) stored adjacent to a 275 . gallon AFCO 6008 Millennium Yellow (pH 11.8); and nine 275 gallon containers of 20% Sanova Activator Concentrate (pH 0.5) stored near three 55 gallon drums of Trans-it (pH 13) and a 275 gallon container of AFCO 6008 Millennium Yellow (pH 11.8). Duration: ~1 Year Frequency: Every 2 da Exposed Employees: 1- Photos: 43?47 B. Equipment: C. Location: Sanova ?resta'a?ahs?raicai storage building (chicken hou D. Severe irritatioanwdeh?nii?ElBurris to tract. E. Measurements: The chemical storage building (chicken house) wase30?nk'2l5?; . F. Employer Knowledge: Employer had a written program ?Hazard Communication Plan Ohio Division? which addressed in general terms hazardous properties of chemicals, safety handling procedures, and procedures for spill prevention. Elizabeth Gallardo, Safety Manager, managed the Hazard Communication Plan. Billy Holland, Safety Director (Corp), was aware of the storage 8. requirements of acids and bases. John Mahoney, Refrigeration Supervisor/PSM Coordinator, said that he was familiar with the hazards of storing acids and bases together. The for the acids and bases warned of the reactivity, incompatible properties, and violent reactions of acids and alkalis. i . ACIDS: G. Comments: Science Lab Phosphoric Acid (pH acidic) contained 85% phosphoric acid. 20% Sanova Activator Concentrate (pH 0.5) contained: Not available. Inspexx 100 Sanitizer (pH 1) contained: acetic acid, peracetic acid, hydrogen peroxide, caprylic acid. BASES: Aquamark Sodium Hypochlorite (pH_11-13) contained sodium 25% Sanova Antimicrobial Food Additive Base (pH 12.5) contained sodium chlorite. Trans-it (pH 13) contained sodium hydroxide potassium - hydroxide. AFCO 6008 Millennium Yellow (pH 11.8) contained potassium hYpochlorite sodium hydroxide.? . I hydroxide sodium hypochlorite. Ex 7c and 7d - employee statement John Mahoney, Refrigeration Supervisor/PSM Coordinator; said I that he entered the Sanova room 2-3 times per day to check levels of day tanks, totes, and transfer chemicals. Mr. Mahoney said that the acids and bases should have spill containment under them. I Doru Jacobs, Maintenance Manager, said that he entered the Sanova room at least 2 times per day to perform visual ns and every 2?4 weeks to help J. Mahoney or- ove 275 gallon totes of acids and. bases. H. Other Employer Info: . i Shows; 1-5: 4347 Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration 9) Inspection No. 77245 1. Photo ID No. 2. Date Time 1 7/5/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Sanova Chemical Room. 7. Description No separation/spill containment for acids and bases: 275 gallon totes of Sanova Activator Concentrate (pH 0.5) Sanova Antimicrobial Food Additive Bees 25% (pH 12.5). Con?dential 3- Materials Cont- 1. Photo ID No. 2. Date Time 2 7/5/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Sanova Chemical Fioom. 7. Description No separation/spill containment for acids and bases: 275 gallon totes . of Sanova Activator Concentrate 2 2' (pH 0.5) Sanova Antimicrobial '7 Food Additive Base. 25% (pH 12.5). Confidential 3- Materials Cont- OSHA 89A 9 Photo Mounting Worksheet u,s_ Department of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo ID No. 2. Date Time 3 7/5/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Sanova Chemical Room. 7. Description SANOUA ans tart-t - No separation/spill containment for acids and bases: 275 gallon totes of Sanova Activator Concentrate (pH 0.5) Sanova Antimicrobial Food Additive Base 25% (pH 12.5). Confidential 3 Materials Cont. 1. Photo ID No. 2. Date Time 4 7/5/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Sanova Chemical Room. 7. Description No separation/spill containment for acids and bases: 275 gallon totes of Sanova Activator Concentrate I (pH 0.5) Sanova Antimicrobial "My" Food Additive Base 25% (pH .- 12.5). Confidential 8- Materials Cont. OSHA 89A Photo Mounting Worksheet US. Department of Labor Occupational Safety and Health Administration Inspection No. 77245 i 1. Photo No. 2. Date a Time 5 7/5/11 3. Citation N0. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) Sanova Chemical Room. 7. Description No separation/spill containment for acids and bases in storage: 275 gallon totes of Sanova Activator Concentrate (pH 0.5) Sanova Antimicrobial Food Additive Base 25% (pH 12.5). Confidential 3- Materials Cont. 1. Photo ID No. 2. Date Time 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) 7. Description Confidential 8- Materials Cont. OSHA 89A 6 Photo Mounting Worksheet US. Department of Labor Occupational Safety and Health Administration inspection No. 77245 1. Photo ID No. 2. Date 8: Time 43 7/6/11 3. Citation No. 4. item No. 5. InstanCe No. 6. Location (Photo and Photographer) Chemical Storage/Chicken House. 7. Description No separation/spill containment for totes and 55 gallon drums of acids basis stored together. Confidential 8. Materials Cont. 1. Photo ID No. 2. Date Time 44 716/1 1 3. Citation No. 4. item No. 5. Instance No. 6. Location (Photo and Photographer) Chemical Storage/Chicken House. 7. Description No separation/spill containment for totes and 55 gallon drums of acids basis stored together. Con?dential 5- Materials Cont. OSHA 89A Photo Mounting Worksheet U.S. Department of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo ID No. 2. Date Time 45 7/6/11 1 3. Citation No. 4. Item No. 5. Instance Nc. 8. Location (Photo and Photographer) Chemical Storage/Chicken House. 7. Description No separation/spill containment for totes and 55 gallon drums of acids basis stored together. Confidential 8- Materials Cont. I 1. Photo ID No. 2. Date 81 Time 46 7/6/11 3. Citation No. 4. item No. 5. instance No. I 6. Location (Photo and Photographer) Chemical Storage/Chicken House. 7. Description . No separation/spill containment for totes and 55 gallon drums of acids . basis stored together. - Confidential 8- Materials Cont. OSHA 89:1 9 Photo Mounting Worksheet U_s_ Department of Labor Occupational Safety and Health Administration Inspection No. 77245 1. Photo ID No. 2. Date Time 47 (. . .444) 7/6/11 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) Chemical Storage/Chicken House. 7. Description i No separation/spill containment for . totes and 55 gallon drums of acids . basis stored together. Confidential 8- Materials Com. 1. Photo ID No. 2. Date 8: Time 3. Citation No. 4. Item No. 5. Instance No. 6. Location (Photo and Photographer) 7. Description Confidential 5- Materials Cont- OSHA 89A 9 US. Department of Labor Occupational Safety and Health Administration I Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Other?than? Citation 2 Item/ Group 1 Serious Number - Number Exposed 478 No. Instances I REC Special Employer's All Enforcement? Relationship to Hazard Standard Substance Codes Alleged Violation f; Description Abatement Action Recommended 29 CFR The employer shall document each inspection and test that has been performed on process equipment. The documentation shail identify the date of the inspection or test, the name of the person who performed the inspection ortest, the serial number or other identifier of the equipment on which the inSpection or test was performed, a description of the inspection or test performed, and the results of the inspection or test: a. On or about July 2011 in the ammonia refrigeration system, the documentation for the testing of compressor safety cutout switches did not identify the name of the person who performed the test. Penalty Severity ?Minimal Probability Lesser Size . Gravity based 0.00 Good Faith 0% Penalty Nm?. . istoam. .. 0% Multiplier 1 Quick Fix 0% Calculated Penalty 0.00 Proposed-Penalty 0.00. I Proposed Penalty Justification: Abatement Details Days to Abate 30 Cat Days Abatement Status User-entered Abatement Date Abated Due Date Abatement No Date Verified Documentation Required? i Description: :Abate'ment Completed MultiStepAbatement FType/ Other Type Days to abate User entered Completed(status) Verify Date Abatement Due i Date Employee Exposure Exposure Name and Address Duration Frequency Proximity 3 Instance Telephone Numbers . ?20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Iiiness E. Measurements a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: CltatiOn:_ 2 Item: 1 . I Serious Repeat - Serious Unclassified Citation Wiilfui-Serious Repeat Other - HAL Type; Willfui-Other I Times Repeated ATAR - Serious 3 Other Than Serious ATAR Other Standard: 29 CFR AVD Text: On or about July 2011 in the ammonia refrigeration system, the documentation for the testing of compressor safety cutout switches did not identify the name of the person who performed the test. - Recommended Abatement Action: (FOR USE WITH 5(a)1) - Severity. - Probability: - . - - Gravity Based Penalty: High D'Greater Size: 40% 30% El 10% 0% Medium El Lesser I Good Faith: 25% 15% 0% I Low History 10% 0% 10% Increase Minimal . CalCulated Penalty: 3 $0.00 Proposed Penalty: $0.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: Numher of Instances: Related I Special E'rnployers -, SUbstance Event- Enforcement RelatiOnship to . - Codes Code Type - Hazard. [j Camila?int Egregious Creating Referral Corp. Controlling Fatality Referral to DOJ [j Correcting ID [j Exposing Variance All - ., a. . .. .r Days toAb?ate: Corrected During Inspection Date Veri?ed: Multi Step: Engineering: Plan PPE Other: Abatement Completed Description: Instance EXpos'ure: 478 ?Frequency: Daily Mos. First Name: John Total~ Duration:_ . Proximi -: Last Name: Mahoney i Refrigeration SupervisorIPSM . 40b Title? _?oordinator Occupation: i Address 1 2 City A. Hazardous Operation: on Horabout July 2011 mama ?r'?mg?'r?auan systems documentation forthe testing of compressor safety cutout switches did not identify the name of theperson who performed the test. 8 compressors (C-7 no longer in operation). C. Location: Ammonia refrigeration system. D). I OTS?Program type violation for not documenting the name of the person who performed tb_e__ test or E. Measurements: Employer Knowledge: Employer had a written PSM program-ands Mechanical integrity I Program. John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. The employer?s Mechanical integrity Program references llAR Bulletin #110 for clarification. The employer's 2010 PHA Revalidation addressed annual inspections of compressor safety cutout switches. G. Comments; 7? Mr. Mahoney said that Colonial Webb had a contract with Case 1 Farms to perform mechanical integrity inspections every 5 years. - Testing of compressor safety cutout switches were performed on the following dates: 1/6/2009 1/30/2010 by John Mahoney. The past tests identified Mr. Mahoney as performing the test. The Report on the Mechanical integrity which included compressor safety cutout testing conducted in July 2011 stated the following: ?The audit was performed by Colonial Webb Contractors with participation of key Case Farms personnel". 4 Mr. Mahoney said tha? Colonial Webb performed the MI inspection in July 2011. Mr. Mahoney H. Other'Emp'loy'er Infoz? - conducte ssor safety cutout switch test which was . veri?ed References: .- Reference: IIAR Bulletin No. 110, Section 6.3.3 requires that - compressor safety cutout switches be tested yearly. Phows: .. - US. Department of Labor I Occupational Safety and Health Administration- Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 634 Opt. Insp. Number Establish ment Na me Case Farms Processing, Inc. Standard DBA Name I Case Farms Chicken Type Of Violation Other?than? Citation 2 Item] Group 2 - Serious Number Number Exposed 478 No. Instances 4 - REC Special Employer's Ail Enforcement? Relationship to Hazard Substance Codes Description Recommended I jAbatement Action Alleged Viblation 29 CFR Date investigation began: I a. The incident investigation report (reference #63011) for the incident which occurred on orabout June 30, 2011, did not include the date the investigation" began. b. The incident investigation report (reference #91509) for the incident which occurred on or about September 15, 2009, did not include the date the investigation began. c. The incident investigation report (reference #102608) for the incident which occurred on or about October 26, 2008, did not include the date the investigation began. d. The incident investigation report (reference #122806) for the incident which occurred on or about December 28, 2006, did not include the date the investigation began. Penalty gSeverity Minimal .. Gravity?m Size 0% Gravity based 0.00 0000 0% Penaity Num Times Repeated History 0 Multiplier Quick'Fix Calculated Penalty Proposed Penalty 0.00 Proposed Penaity Justification: Abatement Details 30 Cal Days Abatement Status Days to Abate 5 User?entered Abatement Due Date Date 'Abated Abatement Documentation Required? No Date Verified Description: Abatement Completed MultiStep Abatement Type/Other Type Days to abate User entered Abatement Due Date Completed(status) Verify Date Employee Exposure Exposure . and Address Duration Frequency . Proximity - Instance Telephone Numbers 20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) Hazards?Operation Cond itionFAccident: Equipment: (2) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: I 24. Comments: 25. Other Employer Information: Violation Worksheet: Citation: . 2 . Item: 2 Group: I Serious Repeat - Serious Unclassified Citation [j WillfuI-Serious El Repeat Other HAL Type:- WillfuI-Other Times Repeated El ATAR - Serious 3 Other Than Serious ATAR - Other Standard-:9? *1 AVD Text: a. The incident investigation report (reference #63011) for the incident which occurred on or about June 30, 2011, did not include the date the investigation began. b. The incident investigation report (reference #91509) for the incident which - occurred on or about September 15, 2009, did not include the date the investigation began. c. 'The incident investigation report (reference #102608) for the incident which occurred on or about October 26, 2008, did not include the date the investigation began. d. The incident investigation report (reference #122806) for the incident which occurred on or about December 28, 2006, did not include the date the investigation began. Recommended Abatement Action: (FOR USE WITH 5(am Severity: Probability: - Gravity Based Penalty: High {1 Greater Size: 40% 30% El 10% 0% Medium Lesser Good FaithHistory 10% 0% 10% Increase Minimal - i-s"caleulated Penalty: $0.00 Penalty Justi?cation: When Calculated and Proposed Penalty Differ, Justi?cation is required: a 3 5' be of_ nsta nc es: Related Special I I ?Employers? 966515665" Event Enforcement Relationship to Codes . Code Type Hazard Complaint Egregious El Creating Referral Corp. SA Controlling Fatality Referral to DOJ Correcting ID . Cl Exposing El Variance All a 4. Days to Abate: Corrected During Inspection Date Veri?ed: Multi Step5". 'eagi?'??rmg; Plan PPE Other: Abatement Completed Description: Instance Exposure: 478 Frequency: Daily . 3 Mos. Total Duration: - 4 Yrs, Proximity: 9 M05. First Name: John Last Name: Mahoney Refrigeration" Superyis?o?riPSM ?Job Title: qurgm?a-EQI, i Occupation: Street Address 1: Street Address 2: City: a. The incident investigation report (reference #6301 1) for the incident which occurred on or about June 30, 2011, did not include the date the investigation began. A, HazardousOpe'rat?io'n: B. E__quipment: . The incident investigation report (reference #122806) for The incident investigation report (reference #91509) for the incident which occurred on or about September 15, 2009, did not include the date the investigation began. The incident investigation report (reference #102608) for the incident which occurred on or about October 26, 2008, did not include the date the investigation began. the incident which occurred on or about December 28, 2006, did not include the date the investigation began. Ammonia refrigeration system. D. Injury/Illness: OTS?Prdg'r?m type violati?oh?ot?bT?R?ii?g the date the incident investigations began. Minivr?as?r?'r??nts: F. Employer had a written PSM program and Incident Investigation?m- Procedures which addressed documenting the date(s) of the incident investigation. John Mahoney, Refrigeration Supervisor/PSM Coordinator, managed the PSM program. Mr. Mahoney who represents the employer belonged to the Refrigeration Engineering Technician Association (RETA) and received a quarterly booklet. John Mahoney, Refrigeration Supervisor/PSM Coordinator, said - that he was not sure when the incident investigation began for the incident on 6/30/2011due to being on vacation when the incident occurred and due to not being part of the incident investigation team. I Abel Acen, HR. Director, said that Elizabeth Gallardo, Safety I .I Manager, initiated the incident investigation on 6/30/2011; . however, it was not documented. -. Mr. Mahoney said that the incident investigation for the incident on 9/15/2009 began on 9/15/2009; however, it was not documented. Mr. Mahoney Said that the incident investigation for the incident I on 10/26/2008 began on 10/26/2008; however, it was not . documented. Mr. Mahoney was not involved in the investigation for the 12/28/2006 incident with the exception of providing a statement and being told to sign the investigation form by Dale Gharky, HR. Director, who was in charge of the PSM program at that time. The date that the incident investigation began was not documented. H. Other. - According to John Mahoney, Refrigeration Supervisor/PSM Coordinator, approximately a little over 17 pounds of ammonia was released during the incident on 6/30/11. The third air unit in the 28 degree cooler had a leak in the tubes. -. According to the incident investigation, reference no. 63011, the highest ammonia reading observed was 50 ppm. References; Phbtos: US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name DBA Name Case Farms Chicken Type Of Violation Other-than? Citation 2 IItem/Group 3 Serious Number Number Exposed 7 No. Instances 1 . REC Special Employer?s Ali Enforcement? Relationship to Hazard Standard I Substance Codes Alleged Violation 29 CFR The empioyer shall establish a record of the qualitative and Description - quantitative fit tests administered to an employee including: a. At the workplace, the employer 'did not establish a fittest record of the most recent fit tests administered to each employee authorized to wear negative pressure respirators. Recommended Abatement Action Pena?y I Severity Minimal Probability Lesser Gravity Size 0% Gravity based 0.00 Good Faith 0% Pena?y History 0% Multiplier 1 Quick Fix 0% calculated Penalty 0.00 Proposed Penalty - 0.00 Proposed Penalty Justification: Num Times Repeated Abatement Details Days to Abate 30 Cal Days Abatement Status User-entered Abatement Date Abated Due Date Abatement Date Verified Documentation Required? Description: Abatement Completed MultiStep Abatement User entered Type/Other Type Days to abate Compieted(statu5) Verify Date Abatement Due Date . Employee Exposure Exposure Name'and Address Duration Frequency Proximity 1 Instance Telephone Numbers 20-. Instance Description: Hazard .8. Equipment C. Location D. Injury/Illness E. Measurements a) b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Know-ledge: 24. Comments: 25. Other Employer Information: Violation Worksheet: 'fCrtatIon: - altem: Serious . Repeat - Serious Unclassified if Willful?Serious Repeat Other HAL Type? - Willful-Other Times Repeated ATAR - Serious Other Than Serious ATAR - Other Standard: 29 CFR .AVD Text: At the workplace, the employer did not establish a fittest record of the most recent fit tests administered to each employee authorized to wear negative pressure respirators. Recommended Abatement Action: . (FOR USE WITH 5(a)1) Severity: Probability: - - Gravity Based-Penalty: El High El Greater . Size: 40% 30% 10% 0% El Medium Lesser Good Faith: 25% 15% 0% Low History 10% 0% 10% Increase Minimal Calculated Penalty: $0.00 Proposed Penalty: $0.00 Penalty Justification: When Calcuiated and Proposed Penalty Differ, Justification is required: Number of Instances: - I'M-Related" - Employers "TSubs'tance Event Enforcement - Relationship to -. - codes Code Type Hazard - Complaint Egregious Creating Referral corp. SA Controlling I: Fatality Referral to DOJ Correcting ID I Exposing Variance IE All Days to Abate: Corrected During Inspection Date Verified: Mu'ti Step: - Engineering: Plan PPE Other; Abatement Completed Description: Instance Exposure: 7 Freduencyi Daily. TotalDu'ration: 1 Year I Proximity: .First Name: Jolin if} Last Name: Mahoney Refrigeration Coordinator Occupation: -- Fax Street Address1; ?sagaAme}: 'f Job nae Mobile Number: Instance Exposure: 7 Frequency: Daiiy Total Duration: . 1 Year i Proximity: First Name: . Doru Last Name: Jacobs Job Title: Maintenance Manager Occupation: Street Address 1: - Street Address 2: . Citxi :2;13:23::r ..- Instance Exposure: 7 Total Duration: 1 Year First Name: Andy Frequency: Daily Proximity: Elii??iiz" Last Name: Leggett Telephone: - Job Title: Occupation: Street Address 1: Sanitation Manager Mobile Number: gauges: I Street Address 2: rCity:; State: OH Instance Exposure: 7 Total Duration: i1Year Frequency: Proximity: 1 -- A. Hazardous Operation: At the workplace-the employer-d id not of the most recent ?t tests administered to each employee authorized to wear negative pressure respirators. B. Equipment: C. Location: North 76008A futl facepiece respirator. At the. Workplace. I D. injury/Illness: 'OTS?Records violation. E. Measurements: I 5 F. Employer Knowledge: Employer had a program ?Case Farms Written Respiratory Program? which addressed fit testing and had a blank respirator fittest record. Elizabeth Gallardo, Safety Manager, managed the respirator program. Ms. Gallardo and Billy Holland, Safety Director (Corp), were aware of the requirements for documenting/recording fit testing. CS'H'O-repeatedly requested copies of ?t test records performed after September 2009 for the ex osed em Io ees from Abel Acen HR. Director Iza a ar 0, anager. CSHO oniy received certi?cates of training, dated 9/14/2010 9/15/2010, and respirator training records, dated 5/10/2011 5/11/2011. It appeared that fit testing was conducted during the training; however, it was not documented properly with the required elements of the OSHA standard. The exposed employees are required to wear full facepiece negative pressure respirators as part of being members of the team. Photos: US. Department of Labor Occupational Safety and Health Administration Violation Worksheet Print Date 12/06/2011 Inspection Number 77245 Opt. Insp. Number 634 Establishment Case Farms Processing, Inc. Name DBA- Name. Case Farms Chicken Type Of Vioiation Other?than? Citation _2 - Item Group 4 Serious Number Number Exposed 8 No. Instances 1 REC Special Employer's All Enforcement? Relationship to Hazard I EStandard Substance Codes iAlleged Vioiation 29 CFR shall be provided at the time of initial assignment Description to tasks where occupational exposure may take place and at least annually thereafter: a. As of September 14, 2011, employees designated and authorized to provide first aid and CPR had not received annual bloodborne pathogen refresher training. Recommended Abatement Action Pena?y Severity Minimal Probability Gravity Lesser Gravity based Penalty 0.00 Size Num Times Repeated History Multiplier 1 Calculated Penalty "boo Proposed Penalty Justification: Abatement Details Days to Abate User?entered Abatement Due Date Abatement 30 Cal Days Good Faith Quick Fix Proposed Penalty Abatement Status Date Abated No Date Verified I. Documentation Required? 1 Description: gAbatement Completed MuitiStep Abatement Days to abate User entered Completed(status) Type/ Other Type Verify Date Abatement Due . .. Employee Exposure Exposure Name and Address Duration Frequency Proximity Instance Telephone Numbers ?20. Instance Description: A. Hazard B. Equipment C. Location D. Injury/Illness E. Measurements a) Hazards?Operation/Cond ition-Accident: b) Equipment: c) Location: d) Injury/Illness (and Justifications for Severity and Probability): e) Measurements: 23. Employer Knowledge: 24. Comments: 25. Other Empioyer Information; Violation Worksheet: Citation: - 2 - Item: Group: Serious Repeat Serious Unclassified Citation - Willful-S-erious Repeat Other HAL Type: Willful-Other Times Repeated ATAR - Serious Other Than Serious ATAR - Other Standard: .29 CFR I AVD Text: -- - As of September 14, 2011, employees designated and authorized to provide first aid and CPR had not received annual bloodborne pathogen refresher training. Recommended Abatement Action: (FOR USE WITH Severity: Probability: Gravuty Based Penalty: High Greater Size: 40% 30% 10% 0% Medium Lesser Good Faith: 25% 15% 0% Low History El 10% - IE 0% 10% Increase Minimal Calculated Penalty: $0.00 Proposed Penalty: $0.00 Penalty Justification: When Calculated and Proposed Penalty Differ, Justification is required: 1? NUmber of__lnsta_nces: HR?elated Event ii? Complaint Referral Fatality Cl ID - Variance spatial ENfOfcemQrIt '5 i a Egregious Corp. SA Employers Hazard, . Relationship to Substance Codes creating Controlling Referral to DOJ Correcting Exposing All Days ragga; ?EKH?cted During Inspection Date Verified: T'Multi Step: Engineering: Plan Abatement Completed Description: Other: Instance Exposure: 8 Total Duration: Mos. First Name: John Frequency: Proximity: - a. Daily .. . . . . . . . . . . . . . . . . .. Last Name: Mahoney . Refrigeration r. Street Address 1: Street Address 2: City: ?Job Title :lnstance EXposure: 8 Frequency: Daily .4 i Mosh Proximlty. - Total Duration: 3 First Name: Doru Last Name: Jacobs Job Title: Maintenance Manage}- Occupation: Street Address 1: Street Address 2: Instance Exposure: 8 Frequency: Daily Total? Duration: .a First Na . Last Name: 'Job11ue: me ~3 jAndy 2 Leggett Proximity: Telephone: Sanitation Manager Occupation: Street Address 1: Mobile Number: Fax Number: Street Address 2: City: State: 0H Zip Code: 33:2:i?jjggif; A. Hazardous Operation: i .7 Eguuipment: pathogen refresher training. A5 a September '14, 2011', engage;aeggnat?d to provide ?rst aid and CPR had not received annual bloodborne Location: At the workplace. "PM-?Iniqryniiness: E. Measurements: F. Employer Knowledge: Employer had a written program "B oOdoo_rne Pathogens"?mwhich reg?uirement 3 months past due- addressed annual refresher training. Elizabeth Gallardo, Safety Manager, managed the Bloodbome Pathogens program. Ms. Gallardo and Biliy Holland, Safety Director (Corp), were aware of Comments; the reiuirements for conductini annual refresiir John Mahoney, Refrigeration Su ervisor/PSM Coordinator Doru a no receive any bloodborne pathogen refresher training since June 2010. 6/16/2010 was the date for the last bloodborne pathogen training according to each employee?s certificate with the exception of Stephanie Ajanel. fo? was ated as re hired to administer first aid/CPR and it clean up blood as part of job duties and was the rima I responder on ?rst shift. In ay and June 201?had to administer aid with two separate finger amputations. On 9/14/11, Abel Acen, HR. Director, said that the new safety I, manager, Joseph Vonderlieth starts 9/19/2011. One of his first duties would be to update HAZWOPER and bioodborne pathogen training. H. Info: "'iihotoei" PAGE 2 COMPANY NAME: INSPECTION NUMBER: 779%? COMPLAINT NUMBER: DATE ACTION TAKEN INITIALS A/d Q1 3?5 934? MW 4! 4/14 - A, gk?kr MAKAJLIT a4$mn~a, W, WW cs% Nac/ 0 0 3mm? Worzssii 325%) no Wm Kan/J s? ?5,1 .754 .x mic ?ed/?1 (5mm: I ?aC?Al/ Alb/J (a 07/ A?fm7<. mI/k/ [Ago/Wang?, 515474442? ?CN/llu . /-3000 Joe, 74;? .3, We pm \o LN Mr2bh? r735) l? (I. I ?1'51;ka 0 I Li rm (J: PAGE .12 COMPANY NAME: ?5.4.4 AI. 1 a- .7 COMPLAINT NUMBER: INSPECTION NUMBER: Ox DATE ACTION TAKEN - INI. 4/5; ?5 .733 ?l ?3 - 11' I Ind 14/11) 1 8/21 [rt ma?a/(Lu/8'1. LL {Ivy/Z"; 1-6 (bf- II 304743) W30 4 VOVW 930%?9343 1? .00? V4 Diff/y .. A A I 1? Milli/1?7! PM twin? Aw \i-?tv jib/1L4 ,40? clocwmiwhm (eoav??d (A thd). cami?dbgqun 2 6"de ?m gram/mark ?r L044 444:4. [74/ c: dbl? n? WQMEA 0/1 ?tlfh~7/. (7.71; "/l7 ?Q/Nl/ff [Aw/J5le I/Tc?v. flag/"J [pal /IJVu-tz/ elk/27A A07 if" ?Vi-Jr?? I 3/ [bx In cup)? m1 (Urn/01V EC 6W xi) (?I??gms MAG whim My); M. PAGE 2 COMPANY NAME: [?135 ?ll/43 a?dl?? INSPECTION NUMBER: 7?112 45 COMPLAINT NUMBER: DATE ACTION TAKEN ll gal/java) fQ/Zig??f MO /o lif/q [iv 5 513/ 74/ V/yrrx? em?, Cafe: '7Z?c/c Cal/an f, Kc}; 9/27/14 [Rec fw?ff/ ?it r5 ?l . /7~'1'0vuro/ ?w/lc may.? 9. 4/2/50? xz/7/xx amp/4 oz?, :4 M). 2 f2 7L9 meam, 7 . . 9274/ mm: Mama/WC (?904:3 12/27 ,4 Lg'gg?y i?grofmcl}: {2&7 Le? jail/f? McInng 8/ CAjc tif/I/Vat/ul/ I24 mf?j ?g?f?h I). 717/,2. 4/70? Mmwa 971/; a mmeao 0 4/42/21. WWMW I/fli/Il 11/, (/13!sz Mull), N06 WT A WW aim: A1136 diet/Hf}, A .DPowst on pay; Egjra?lob PAGE COMPANY NAME: INSPECTION NUMBER: (A f: Fagmj :4 77:2 Vi;- COMPLAINT NUMBERI DATE KETION TAKEN 5/27//r 4 am? - 5: 7/4/17 1/5" ML "LL-alt; 641\l"t7: {Lax/L} 1.51 1/7, ~lf (LC;51r?A will - *7/7/J?i 517L0le [Fay-7 13.54:. fry/[c {kW/711366.797th 3/ 7/17 I A 71/0 (2, n7: 74; m1 2 we?we?m 1 f/ie? a} 1?5 quj/z/Vg a tea LL [AlI), A7711 79 [1/7 0 'j eff/H e: 51/ 1/ . ff/Rfl/A/ I .1114 w/ CI 76,0167? . 2112/e/[Myt Ml! ix 1- (Li \joAL. Luz/mp 50] ?hyrurwr I u/Lox ran]; oh? Join/Mt 19/9" fol/1 7/4 ?fa-X ?v/Xagle/ 019 Sec Vtiui f" ?5 'L'i'hm h/ .. 4% 1/ a an; j/?W 06529500 .77 9 ?45 CASE FARMS INC. 385 PILCH RD TROUTMAN, NC ?1.65 Two Thousand Thirteeh Arid 33/100 TO THE ORDER OF OICUPATIQNAL SAFETY HEALTH ADMINISTRATTCN 5 -2oc NORTH ROOM 523 COLUMBUS, on 432:5 ?Check.Date Check Number I 06/19/15 238285 ., WELLS FARGO VoEd ??er 90 days PAY THIS AMOUNT . Ex4 77245 Descripticn U-D. I U.S. Department of Labor Occupational Safety and Health Administration 200 N. High Street Room 620 Columbus, OH 43215- Phone: 614?469?5582 Fax: 614?469?6791 June 04, 2015 Case Farms Processing, Inc, dba Case Farms Chicken PO. Box 185 Winesburg, OH 44690 Inspection Number 77245 Due Date 03/09/2015 Delinquent Date 04/09/2015 Dear Employer: A notification of payment due for penalties assessed under the Occupational Safety and Health Act was sent to your firm on 12/27/2011. Payment was due on the date shown above and our records show that full payment has not been received. Unless payment is already in the mail, the unpaid balance shall be deemed delinquent. Pursuant to the Debt Collection Act of 1982 (Public Law 97?3 65) and regulations of the Department of Labor (29 CPR Part 20), effective March 8, 1985, the OCcupational Safety and Health Administration is required to assess interest, as well as delinquent and administrative charges for overdue penalties. Interest on the unpaid balance which accrues at an annual rate of 1 percent a year from the date the payment became due has been assessed. In addition, the administratiVe cost of $10.00 which has been incurred for this collection letter in order to recover the amount due has also been assessed. If the total amount due, including penalty, interest and administrative costs is not paid within one month of the date this letter is received, the matter will be referred to the National Of?ce of the Occupational Safety and Health Administration in Washington, DC. for further action. The National Office will assess additional interest and administrative charges. If the penalty is delinquent for more than three (3) months, a delinquent charge of six (6) percent a year accruing from the date that the debt became delinquent, will also be assessed. Further, you should be aware that, pursuant to the provisions of the Debt Collection Act, it is the policy of the Department of Labor and the Occupational Safety and Health Administration to disclose information concerning delinquent claims to commercial credit reporting agencies, to utilize the services of private debt collectors and to report information on unpaid debts to the Internal Revenue Service. To preclude exercise of the authorities discussed above and to avoid incurring additional charges, please remit the total amount due as indicated below: A review of our records indicates that you have paid: $0.00 The current unpaid balance of the total penalty assessed is: $2000.00 The current total of interest accrued is: $3 .33 The current total delinquent is: $0.00 The current charge for administrative cost is: I $10.00 TOTAL AMOUNT NOW DUE $2013.33 Page 1 of 2 Make your check or money order payable to Please indicate the Inspection Number on the remittance. You can also make your payment electronically on On the left side of the pay. gov I homepage, you will see an option to Search Public Forms. Type and click Go. From the results, click on OSHA Penalty Payment Form. The direct link is as follows: . You will be required to enter your inspection number when making the payment. Payments can be made by credit card or Automated Clearing House (ACH) using your banking information. Payments of $25,000 or more require a Transaction ID, and also must be paid using ACH. If you require a Transaction ID, please contact the OSHA Debt Collection Team at (202) 693 2170. If you have recently submitted a payment covering the total amount of the penalty due, please disregard this notice. If you are unable to submit full payment at this time, or if you have any questions, please contact me immediately. Sincerely, Debora . ubaty Area Direct Page 2 of 2 Fin! Mm. r/Zr/U? Case Farms #77245 Need abatement for the following citations (updated as of 2/11/15): Hwy Cit. 1-2 (FSA 1?1b): Need clarification as to the maximum intended inventory for ammonia in if". the system which will not be exceeded. The abatement information has the maximum capacity of the eq ipment and piping and states 'fji'his a qunt will ver be kept on site on our system?. ?ail [ll/2M]; I a 17 Cit. 1-9: Inst No operator tra'ning fo 4-4H [if L. 4% 1 I Cit. 1-18 (FSA 1-14e): Did not see the 2009 Compliance Audit Findings that showed completion ofthetwo?ndings. hp . Cit. 1-21: No HAZWOPER training f0 team, the employer needs to state this. ?at is not a member of the [a V/e?o? . it ?7 Cit. 1?22: No recent HAZWOPER refresher training fo? Andy Leggett, Mo ,4 .5 y. it WV- Cit. 1-23; 1-24, 1-25: No medical evaluation, fit test record, respirator training fo- '71) ?is not a member of the team will not be wearing a respirator, the employer . needsto state this. ?A/f I Va, - a Cit. 2-3: Since 2010, no respirator ?t test record fo_Doru Jacobs,? "iW?m 5M M: Cit. 2-4: Since 2010, no annual BBP refresher training f0 Doru Jacobs f7 - My. i /3 Quit; Vin Cam-? 5mg 2:22 a? ?7 7 wig Zubaty, Deb - OSHA From: Brennan, Joseph Sent: Monday, April 20, 2015 2:04 PM To: Zubaty, Deb - OSHA Subject: Abatement Certification for Inspection No. 77245 Attachments: Deborah Zubaty (Abatement Certification for Inspection No. Ms. Zubaty, Attached is Case Farm?s Abatement Certification for the remaining items in inspection No. 77245. Please let me know if you have any questions or concerns. Thank you, -Joe Joseph J. Brennan Attorney at Law jbrennan@laborlawyers.com O: (440) 740-2132 9150 South Hills Boulevard Suite 300 Cleveland, OH 44147 All New Content: "One Day, Many Solutions: Employment Law Coast-to-Coast" March, April May 2015 Seminars coming to a city near you! Visit Ssemina rs Sifl l} fl Ll. l. if: t. Representing employers nationally in labor and employment matters Atlanta Baltimore Boston Charlotte Chicago Cleveland Columbia Columbus Dattas Denver Fort Lauderdale 3 Gulfport I Houston i Irvine Kansas City Las Vegas Los Angeles Louisville Memphis New Jersey I New Orleans in 1' Ortando Philadelphia Phaenix Portland San Antonio 1 San Diego San Francisco Tampa Washington, DC This message originates from the law firm of Fisher Phillips LLP and may contain legally privileged and con?dential information intended solely for the use of the addressee. if you are not the intended recipient and have received this message in error. please notify us at and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. From: Sharrer, Angela Sent: Monday, April 20, 2015 1:51 PM To: Brennan, Joseph Subject: Deborah Zubaty (Abatement Certification for Inspection No. 77245) Angela Sharrer Legal Secretary asharrer@laborlawyers.com O: (440) 740-2123 9150 South Hills Boulevard Suite 300 Cleveland, OH 44147 i All New Content: "One Day, Many Sb.o?i0?SI Employment Law Coast?to-Coast? March, April May 2015 Seminars coming to a city near you! Visit Representing employers nationaliy in labor and employment matters Atianta Baitimore Boston 1 Charlotte Chicago Cleveland 1 Columbia Columbus Dallas Denver 1 Fort Lauderdale Gulfport Houston Irvine Kansas City 1 Las Vegas 1 Los Angeies 1 Memphis New Jersey i New Orleans Orlando Philadelphia Phoenix 1 Portland San Antonio 1 San Diego San Francisco Tampa 1 Washington, DC This message originates from the iaw firm of Fisher LLP and may contain iegaiiy priviieged and con?dentiai information intended soieiy for the use of the addressee. if you are not the intended recipient and have received this message in error, piease notify us at postmaster?iaboriawyerscom and piease deiete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. FISHER ATTORNEYS AT LAW Cleveland 9150 South Hills Boulevard Suite300 Cleveland, OH 44147 (440) 838?8800 Tel (440) 838?8805 Fax Writer's Direct Dial: MarCh 9. 2015 (440) 838-8800 ext. 2132 Writer's E-mail: jbrennan@laborlawyers.com VIA EMAIL AND REGULAR U.S. MAIL - gubatv.deb@doi.gov Deborah J. Zubaty Area Director US. Department of Labor Occupational Safety and Health Administration LI Federal Office Building Room 620 Columbus, OH 43215-2497 1 M. Re: inspection Number: 77245 - MAR 2 2t i5 Inspection Date(s): 0613012011 1012512011 Issuance Date: 0211212015 AREA Employer: Case Farms, Inc. attic and its successors 1818 County Road 160 Winesburg, OH 44690 Dear Ms. Zubaty: Enclosed with this letter is an executed copy of the Informal Settlement Agreement agreed to between the Occupational Safety and Health Administration and Case Farms Processing, Inc. d/b/a Case Farms Chicken. Thank you for working with the Company in resolving this matter. Because the Agency and the Employer were able to resolve this matter. prior to the expiration of the informal settlement period, the Employer hereby withdraws its Notice of Contest in the above captioned matter filed with your office via letter dated March 3, 2015. If you have any questions or concerns, please feel free to contact the undersigned. cc: Case Farms .. J. ennan Terry E. Lardakis, Esq. Atlanta Baltimore - Boston 0 Charlotte - Chicago Cleveland Columbia - Columbus - Dallas 0 Denver - Fort Lauderdale - Guifport - Houston Irvine - Kansas City - Las Vegas 1.05 Angeies - Louisville - Memphis New Jersey - New Orleans Orlando Philadelphia Phoenix Portland - San Antonio - San Diego - San Francisco - Tampa Washington, DC FPDOCS 304321551 - US. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION In the Matter of: Case Farms Processing, Inc., dba Case Farms Chicken OSHA 77245 INFORMAL SETTLEMENT AGREEMENT The undersigned Employer and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the above citation(s) andpenalties, which were issued on February 12, 2015, hereby agree as follows: 1. The Employer agrees to correct the Violations as cited in the above citations or as amended below and to provide this of?ce with veri?cation of abatement in accordance with 29 CFR 1903.19. 2. The Employer agrees to pay the total penalty of $2000 on or before April 2015. If the penalty is not paid under the terms of this agreement, the Original total proposed penalty will become due and payable immediately plus any administrative fees, interest, and penalties incurred thereafter. See attached payment options. This is your noti?cation of payment due. No other statement or bill will be sent. OSHA does not accept cash. Payment may be made by check or money order made payable to Please indicate the inspection number on the remittance. Payment should be mailed to the following address: US. Department of Labor Occupational Safety and Health Administration 200 North High Street, Room 620 Columbus, Ohio 43215 OSHA does not agree to any restrictions, conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions or endorsements do not exist. 3. The Employer and OSHA agree that the following citations and penalties, if any, are being amended as shown below. Citations and penalties not referenced below remain unchanged. Cit 3 Item 1: Abatement extended to April 20, 2015. Cit 3 Item 2: Abatement extended to April 20, 2015. 4. The Employer, by signing this agreement, hereby waives its rights to contest the above citation(s) and penalties, as referenced in paragraph 3 of this Agreement. 5. Each party agrees to bear its own fees and expenses incurred in connection with any stage of this proceeding 6. The Employer agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the header; of the Violation(s) referred to in paragraph 3 above. This Settlement Agreement must remain posted until the Violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. 7. The Employer agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated to the Act, 8. Except for these proceedings, and matters arising out of these proceedings, and any other subsequent OSHA proceedings between the parties, none of the foregoing agreements, statements, ?ndings and actions taken by the respondent shall be deemed an admission by the respondent of the allegations contained within the Citations and Noti?cations of Penalty and the Complaint. 764% Ma For the (25 pational Safety and For: Case Farms Pipdaasing, hie, dba Case Farms Chicken Health Ad inistration Deborah Zubaty, Area Director Wt, $20k?; Date Date NOTICE TO EMPLOYEES The law gives you or your representative the opportunity to object to any abatement date set for a violation if you believe the date to be unreasonable. Any contest to the abatement dates of the citations amended in paragraph 3 of this Settlement Agreement must be mailed to the U. S. Department of Labor Area of?ce at: US. Department of 200 North High Street, Room 620 Columbus, Ohio 43215 Phone: (614) 469?5582 Fax: (614) 469?6791 Within 15 working days (excluding weekends and Federal Holidays) of the receipt by the Employer of this Settlement Agreement. you or your representative also have the tight to object to any of the abatement dates set for in violations which were not amended, provided that the objection is mailed to the of?ce shown above within the 15 working day period established by the original citation. Zubaty, Deb - OSHA From: Brennan, Joseph Sent: Tuesday, March 03, 2015 11:11 AM To: Zubaty, Deb OSHA Subject: RE: Deborah Zubaty i wilt call shortly after 11:30 on Thursday. Thank you, -Joe Joseph J. Brennan Attorney at Law ibrennanCaziaboriawvers.com O: (440) 740?2132 9150 South Hills Boulevard Suite 300 Cleveland, OH 44147 vCard Bio Website Representing employers nationally in labor and employment matters Atlanta Baltimore Boston Charlotte Chicago Cleveland Columbia Columbus Dallas Denver Fort Lauderdale Guifport Houston Irvine Kansas City Las Vegas Los Angeles Louisville Memphis New England New Jersey New Orleans Orlando Philadelphia Phoenix Portland San Antonio San Diego San Francisco Tampa Washington, DC This message originates from the law firm of Fisher 3 Phillips LLP and may contain legaliy privileged and confidential information intended solely for the use of the addressee. if you are not the intended recipient and have received this message in error, please notify us at postmaster@laborlawyerscom and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. - - From: Zubaty, Deb - OSHA Sent: Tuesday, March 3, 2015 11:09 AM To: Brennan, Joseph Subject: RE: Deborah Zubaty have informal conferences all day on Wednesday." Thursday any time after 11:30 to 1:30. Thanks. Deborah Zubaty Columbus Area Director 614?469?5582 614-469-6791 (fax) Message-mm From: Brennan, Joseph Sent: Tuesday, March 03, 2015 10:50 AM To: Zubaty, Deb OSHA Subject: Re: Deborah Zubaty 3-3-15.PDF am in a deposition all day today. is there a time tomorrow can call? -Joe Sent from my iPhone On Mar 3, 2015, at 10:31 AM, Zubaty, Deb OSHA wrote: Can you call me. I have two contested cases to discuss with you. Thank you. Deborah Zubaty Columbus Area Director 614-469-5582 61 4469-6791 (fax) From: Sharrer, Angela On Behalf Of Brennan, Joseph Sent: Tuesday, March 03, 2015 10:28 AM To: Zubaty, Deb OSHA Cc: Brennan, Joseph Subject: Deborah Zubaty Please see attached correspondence. Thank you. ATTORNEYS AT LAW Cleveland 21.50 233th Hills BOU'eVard @3311? urte I lie Cleveland,OH 44147 (440) 838-8800 Tel MAP a 9015 (440} 838-8805 Fax Writer's Direct Dial: March 3, 2015 (440) 838-8800 ext. 2132 i; - usnm?ogi. OHIO Writer?s E-mail: VIA EMAIL AND REGULAR U.S. - zubaty.deb@dol.gov Deborah J. Zubaty Area Director LLB. Department of Labor Occupational Safety and Health Administration Federal Office Building Room 620 Columbus, OH 43215-2497 Re: inspection Number: 77245 Inspection Date(s): 0613012011 - 1012512011 Issuance Date: 0211212015 Employer: Case Farms, Inc. and its successors 1818 County Road 160 Winesburg, OH 44690 Dear Ms. Zubaty: Our office represents the above Employer in the above-referenced Citation and Notification of Penalty issued February 12, 2015. The Employer hereby notices its contest of all citation, notification of penalty, proposed abatement dates, and any and all other matters relating to the inspection and citation. This notice of contest is being provided to preserve the Employer?s rights in View of the limitations period. The Employer would still welcome the opportunity to meet the Area Office in an informal conference to discuss an appropriate resolution of the Citation and Penalty. Thank you. til-?U eph J. Bre an For FISHER PHILLIPS LLP cc: Case Farms Terry Lardakis, Esq. Atlanta 0 Baitimore - Boston - Chariotte - Chicago - Cieveland 0 Columbia Columbus - Dalias - Denver Fort Lauderdale - Gulfport Houston Irvine Kansas City Las Vegas 0 Los Angeles Louisville Memphis - New Engiand New Jersey - New Orleans Orlando - Philadelphia Phoenix 0 Portland San Antonio San Diego - San Francisco Tampa - Washington, DC Zubaty, Deb - OSHA II From: Sharrer, Angela on behaif of Brennan, Joseph Sent: Tuesday, March 03, 2015 10:28 AM To: Zubaty, Deb OSHA Cc: Brennan, Joseph Subject: Deborah Zubaty 3-3-15.PDF Attachments: Deborah Zubaty Please see attached correspondence. Thank you. FISHER SLPHILLIPS 9150 South Hills Boulevard Suite300 Cleveiand, OH 44147 (440) 838-8800 Tel (440) 838-8805 Fax Writer's Direct Dial: March 3, 2015 (440) 838-8800 ext. 2132 Writer?s E-mail: VIA EMAIL AND REGULAR U.S. MAIL zubatv.deb@dol.qov Deborah J. Zubaty Area Director US. Department of Labor Occupational Safety and Health Administration Federal Office Building Room 620 Columbus, OH 43215-2497 Re: inspection Number: 77245 inspection Date(s): 06I3OI2011 1012512011 Issuance Date: 02/12/2015 Employer: Case Farms, Inc. and its successors 1818 County Road 160 Winesburg, OH 44690 Dear Ms. Zubaty: Our office represents the above Employer in the above-referenced Citation and Notification of Penalty issued February 12, 2015. The Employer hereby notices its contest of all citation. notification of penalty, proposed abatement dates1 and any and all other matters relating to the inspection and citation. This "notice of contest is being provided to preserve the Employer?s rights in view of the limitations period. The Employer would still welcome the opportunity to meet the Area Office in an informal conference to discuss an appropriate resolution of the Citation and Penalty. Thank you. eph J. Brer?an For FISHER PHILLIPS LLP Veryyuly yours, cc: Case Farms Terry Lardakis, Esq. Atlanta - Baltimore 0 Boston Charlotte Chicago Cleveland Columbia Columbus Dallas Denver - Fort Lauderdale - Gulfport Houston - Irvine Kansas City Las Vegas Los Angeies Louisville Memphis - New England - New Jersey - New Orleans - Orlando - Philadelphia Phoenix - Portland - San Antonio San Diego - San Francisco Tampa Washington. DC Zubatx, Deb - OSHA .- From: Sent: To: Cc: Subject: Zubaty, Deb - OSHA Wednesday, February 11, 2015 6:33 PM Depace, Patrick - Bradley, Mary - 'Debaltzo, Micheile Wilson, David ?Harrington, Linda Case Farms SM Insp. From: OSHA Sent: Wednesda Februar 11 2015 1:26 PM Subject: ase arms Attachments: Case Farms Case Farms #77245 Need abatement for the following citations {updated as of 2/11/15): Cit. 1-2 (FSA 1-1b): Need clarification as to the maximum intended inventory for ammonia in the system which will not be exceeded. The abatement information has the maximum capacity of the equipment and piping and states "This amount will never be kept on site on our system?. Cit. 1?9: inst No operator training fo? Cit. 1-18 (FSA 1?14e): Did not see the 2009 Compliance Audit Findings that showed completion of the two findings. Cit. 1-21; No HAZWOPER training fo_s not a member ofthe team, the employer needs to state this. No recent HAZWOPER refresher training for-ndy Leggett, Cit. 1?23; 1-24, 1?25: No medical evaluation, fit test record, respirator training for? ?s not a member of the team 8t will not be wearing a respirator, the employer needs to state this. Cit. 2-3: Since 2010, no respirator fit test record fo-Doru Jacobs,? Cit. 2-4: Since 2010, no annual BBP refresher training fo-Doru Jacobs,? Andy Leggett. Case Farms #77245 Need abatement for the following citations {updated as of 2/11/15): Cit. 1-2 (FSA 1-1b): Need clarification as to the maximum intended inventory for ammonia in the system which will not be exceeded. The abatement information has the maximum capacity ofthe equipment and piping and states ?This amount will never be kept on site on our system?. Cit. 1?9: Inst - No operator training fo? Cit. 1-18 (FSA 1?14e): Did not see the 2009 Compliance Audit Findings that showed completion of the two findings. Cit. 1-21: No HAZWOPER training fo?is not a member of the team, the employer needs to state this. Cit. 1-22: No recent HAZWOPER refresher training fo_Andy Leggett, i Cit. 1-23; 1-24, 1~25z No medical evaluation, fit test record, respirator training f0? is not a member of the team 8: will not be wearing a respirator, the needs to state this. Cit. 2-3: Since 2010, no respirator fit test record for- Doru Jacobs-& Cit. 24: Since 2010, no annual BBP refresher training fo_Doru Jacobs- Andy Leggett. H- ng 575174th I f??7 (aw-2m pm FM a /'21 #21 /Zo #23 ?40) mu: 9% WM #25" #25/930 (g (M (If) From: OSHA Sent: Monday, February 09, 2015 7:38 AM To: Subject: FW1Emp oyementS tatus From: James Witt Sent: Thursda February 05, 2015 10:09 AM Richard, The em Io ment status ofthe current and ast em lo ees is as follows: Please advise if I can provide you any additional information. Sincerely, Jim Witt Case Farms 330-608-7203 To: Cc Subject: Employement status From: Sent: Click 11911910 report this email as spam. This message has been scanned for malware by - OSHA From: Sent: Monday, February 02, 2015 12:21 PM To: 'witt@casefarms.com Cc: Subject: Employement status James, What is the employment status of the following employees (Le. are they still employed at the facility): SHA From: Sent: Thursday, November 01, 2012 1:09 PM To: Zubaty, Deb OSHA - Subject: Case Farms Abatement Review Attachments: Case Farms Abatement Review 11-1-12.docx Attached are my comments for the review of the abatement received 11/1/12. aw r~f> 0? Ex5 From: - OSHA Sent: Thursday, November 01, 2012 1:09 PM To: Zubaty, Deb OSHA Subject: Case Farms Abatement Review Attachments: Case Farms Abatement Review 11?1?12.docx From: OSHA Sent: Mon ay, cto er 15, 2012 1:51 PM To: Bradley, Mary - Debaltzo, Michelle - SOL Cc: Wilson, David - OSHA Subject: RE: Secretary v. Case Farms have not received the P&lD?s. I reviewed the. binder containing tl-clay, and the following are my comments as it relates to inspection #77245: Cit. 1-2: Need clarification as to the maximum intended inventory for ammonia in the system which will not be exceeded. The abatement information has the maximum capacity of the equipment and piping and states "This amount will never be kept on site on our system?. Cit. 1-3: Not able to review. Cit. 1-7: Did not see the writter chiller RWC-3 as it rel )(il rainin . Cit. 1-9: Inst a No training foernst No training fob Cit. 1-11: Did not see SOP for Annual Valve Testing. (tit. 1-16 1?17: Could be more detailed. C't. 1-18: Did not see the 2009 Com completion of the two findings. C't. No training for is not a member of the team, the employer needs to state this. Cit. 1-22: No recent refresher training fo?ndy Leggett, 13?- (Iit. 1-25: No medical evaluation, fit test record, respirator training fo?s not a member of the team will not be wearin a res )ith the em lo er needs to state tns. (Lit. 2?3: Since 2010, no fittest record foHDoruJacob? 'Cit. !ince 2010, no annual BBP refresher training for ohn Mahoney, Doru Jacobs,? -Andy Leggett The remaining abatement appears alright; however, the only way to be positive would be through a follow-up inspection, interviews, and verifying procedures versus actual practice at the facility. From: Bradley, Mary - CLE-SOL Sent: Wednesday, October 10, 2012 11:45 AM To Cc: a arring on, in a - ison, av - Subject: FW: Secretary v. Case Farms EX 5 Continued OSHA From: Sent: Thursday, October 18, 2012 10:46 AM To: Debaltzo, Michelle - Bradley, Mary - CLE-SOL Subject: RE: Secretary v. Case Farms Ex 5 Continued Ex 5 Continued Wilson, David - OSHA To: Brennan, Cc: Zubaty, Deb Lardakis, Terry Subject: RE: Abatement Documentation for OSHA Inspection No. 77245 Mr. Brennan and Mr. Witt: have reviewed your abatement documentation that you sent in as well as the binder previously received in our office. The abatement documentation is deficient in the following documents have not been received: - Completed MOCs for changes made due to the Chiller removal 0 PSSR for the 250 ton Chiller install - PMs or work orders for the replacement of valves showing when the work was completed a All replacement in kind work indicted on the list need a PM or work order supporting the fact that they were replacement in kind I MOC on the fan and water set point - MOC for the Booster Compressors I MOC for the Swing Compressor I PSSR for the 8ton Cat Chiller - Documents showing the updates to PSI and procedures for updated refrigeration forms 0 MOC and PSSR for the separator on the glycol condenser 0 MOC for the screens installed on the water tank 0 Work order or PM for the nozzles and grommets on the condensers - Work orders and recent PMs for the Stops on the compressors @ave From: Brennan, Joseph Sent: Tuesday, December 09, 2014 7:53 PM To: Wilson, David OSHA Cc: Zubaty, Deb Lardakis, Terry Subject: FW: Abatement Documentation for OSHA Inspection No. 77245 Mr. Vl/ilson, Please see the below correspondence. I believe I sent it to the wrong address. Thank you, Joe Joseph J. Brennan Attorney at Law jbrennan@laborlawyers. com O: (440) 7402132 9150 South Hills Boulevard Suite 300 Cleveland, OH 44147 1733 13.23- I VCard [Bio I Website - Representing employers nationally in employment matter Atlanta Baltimore Boston Charlotte Chicago Cleveland i Columbia Columbus I Dallas Denver! Fort Lauderdale Gulfport Houston lrvine Kansas City Las Vegas 1 Los Angeles 1 Louisville 1 Memphis New England New Jersey 1 New Orleans Orlando Philadelphia I Phoenix Portland San Antonio San Diego 1 San Francisco Tampa Washington, DC This message originates from the law firm of Fisher Phillips LLP and may contain legally privileged and con?dential information intended solely for the use of the addressee. if you are not the intended recipient and have received this message in error, please notify us at postmasten?GDlaborlawvers.com and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. From: Brennan, Joseph Sent: Tuesday, December 9, 2014 6:22 PM To: 'wilson.david@dol.gov' Cc: Zubaty, Deb Lardakis, Terry Subject: Abatement Documentation for OSHA inspection No. 77245 Mr. Wilson, I am an attorney representative of Case Farms Processing, Inc and! am responding to your letter dated December 2, 2014 (attached) requesting abatement documentation for Inspection No. 77245. The abatement documentation for Inspection No. 77245 was provided to the Columbus area office on September 18, 2012 during a settlement conference with Area Director Zubaty. The abatement documentation was contained in a three ring binder identifying the documents as abatement evidence for Inspection No. 77245 for Respondent Case Farms Processing, Inc.. It is my belief that your office may have temporarily misplaced that binder. In fact, this issue has come up in the past. Several months ago your office contacted Case Farms concerning missing abatement information for Inspection No. 77252. Fortunately, the binder was eventually located in your office. I have attached an email between me and your offices counsel, Michelle Debaltzo, concerning that event. Accordingly, we are confident that the abatement documentation has already been provided and ask that you again attempt to locate the same. If you still cannot locate the documents, please let me know and we can send you a new binder with the same abatement documentation. Also, it has come to our attention that we owe you status updates concerning Case Farms Processing, Inc?s progress on its PSM program have not yet been sent to your office. These status updates were to be provided per Paragraph 8 of the Stipulation and Settlement Agreement that globally settled the Citation Nos. 77245, 77252 and 107981. Attached is a document detailing the PSM progress over the past six months and the breakdown of the issues addressed in the most recent PSM Team Meeting. We apologize for the delay on providing this update and trust that your office accepts this update under the auspices of Paragraph 9 of the Stipulation and Settlement Agreement as timely pursuant to a reasonable extension. Thank you for your time and attention. Please contact the undersigned if you have any questions or Concerns. Very Truly Yours, Joseph J. Brennan Attorney at Law ibrennan@laborlawyers.com O: (440) 740-2132 9150 South Hills Boulevard Suite 300 I Cleveland, OH 44147 12website Representing employers nationally in labor and employment matters 2 Atlanta Baltimore Boston 3 Charlotte Chick Cleveland Columbia Columbus 1 Dallas 1 Denvei Jn? Lauderdale Gulfport Houston 1 lrvine Kansas City Las Vegas Los Angeles Louisville Memphis 2 New England New Jersey New Orleans Orlando Philadelphia Phoenix Portland San Antonio 1 San Diego San Francisco Tampa Washington, DC This message originates from the law finh of Fisher Phillips LLP and may contain legally privileged and confidential information intended solely for the use of the addressee. if you are not the intended recipient and have received this message in error, please notify us at postmasten?chaborlawyers.com and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. - ?Mr/?ax two/07!? Il-1Clq?d 'M?f?s (or Changcs? wit-71A Kemoua.( 7J4 chi/Ly 13?5th 150 K?k/?wwi m5. {gm 51,on haw/c. PMS 0r I?eacumfn'f? (Wank {Lon/fr?; Wm (am?p/zfcl. fey/(cemcnf 1"1 Klimt?! Work Arsf. 04 Alive 5240? .{tip?for?gl?qf Mac Se?" ML b7! wc?F-er 8005+6/ Cam/?91" (550.1? M05 Cama'lj?m? - *Moc' 37594] C4 fd-iljkd?11? Lg 5' uni/I?m; 7141b Mfg/57156 7L0 Amol- 'Fw c?fath'cJ refrcyenq?f'rov [a?a91? MOC fig/ca} MQC 5011an inshj/eJ Wp?kcn?w/ II #9111295 Cg wommULs [Illa/?k_ cliff 051 WA ?3 5 9h,? Wilson, David - OSHA From: Brennan, Joseph Sent: Tuesday, December 09, 2014 7:53 PM To: Wilson, David OSHA Cc: Zubaty no? Subject: FW: Ab . 77245 Attachments: docZOl month progress.pdf; PSM Meeting Mr. Wilson, Please see the below correspondence. out, Thank you, -Joe Joseph J. Brennan Attorney at Law ibrennan@laborlawyers.com O: (440) 740-2" 9150 South Hills Boulevardl Suite 300 Cleveland, OH 44147 FISH ER m. vCard Bio Website Representing employers nationally in labor and employment matters Atlanta Baltimore Boston Charlotte Chicago Cleveland Columbia Columbus 1 Dallas Denver] Fort Lauderdale Gulfport Houston I irvine Kansas City Las Vegas Los Angeies Louisville Memphis New England New Jersey New Orleans Orlando Philadelphia Phoenix Portlandl San Antonio San Diego San Franciscol Tampa Washington, DC This message originates from the law ?rm of Fisher 8. Phillips LLP and may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient and have received this message in error, please notify us at mstmasta?zlaborlawyers.com and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. From: Brennan, Joseph Sent: Tuesday, December 9, 2014 6:22 PM To: 'wilson.david@dol.gov' Cc: Zubaty, Deb - Lardakis, Terry Subject: Abatement Documentation for OSHA Inspection No. 77245 Mr. Wilson, I am an attorney representative of Case Farms Processing, Inc and i am responding to your letter dated December 2, 2014 (attached) requesting abatement documentation for Inspection No. 77245. The abatement documentation for inspection No. 77245 was provided to the Columbus area office on September 18, 2012 during a settlement conference with Area Director Zubaty. The abatement documentation was contained in a three ring binder identifying the documents as abatement evidence for inspection No. 77245 for Respondent Case Farms Processing, lnc.. it is my belief that your office ma?l, .ave temporarily misplaced that binder. fact, this issue has come up in the past. Several months ago your office contacted Case Farms concerning missing abatement information for Inspection No. 77252. Fortunately, the binder was eventually located in your office. have attached an email between me and your offices counsel, Michelle Debaltzo, concerning that event. Accordingly, we are confident that the abatement documentation has already been provided and ask that you again attempt to locate the same. If you still cannot locate the documents, please let me know and we can send you a new binder with the same abatement documentation. - Also, it has come to our attention that we owe you status updates concerning Case Farms Processing, lnc?s progress on its PSM program have not yet been sent to your office. These status updates were to be provided per Paragraph 8 of the Stipulation and Settlement Agreement that globally settled the Citation Nos. 77245, 77252 and 107981. Attached is a document detailing the PSM progress over the past six months and the breakdown of the issues addressed in the most recent PSM Team Meeting. We apologize for the delay on providing this update and trust that your office accepts this update under the auspices of Paragraph 9 of the Stipulation and Settlement Agreement as timely pursuant to a reasonable extension. Thank you for your time and attention. Please contact the undersigned if you have any questions or concerns. Very Truly Yours, Joseph J. Brennan Attorney at Law jbrennan@laborlawyers.com O: (440) 740-2132 9150 South Hills Boulevard Suite 300 Cleveland, OH 44147 HSHER website i Representing employers nationally in labor and employment matters Atianta 1 Baltimore 1 Boston Chariotte Chicago 1 Cieveiand Coiumbia Columbus Dailas 1 Denver[ Fort Lauderdaie I Guifport Houston I irvine 1 Kansas City 5 Las Vegas 1 Los Angeies Louisviile Memphis New England New Jersey New Orieans Oriando Phiiadeiphia 1 Phoenix Portiand] San Antonio 1 San Diego San Francisco i Tampa Washington, DC This message originates from the iaw ?rm of Fisher LLP and may contain iegaiiy privileged and con?dentiai information intended soieiy for the use of the addressee. if you are not the intended recipient and have received this message in error, piease notify us at postmaster?laboriawyerscom and piease deiete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictiy prohibited. U48. Department-of Labor Occupational Safety and Health Administration Coiumbus Are-a. Of?ce 200 N. High .S?tr?et Room 620 Collumb'tig, OH 43-215 Phone: (613%) 4696583 Fax: (614) 469.6791. 11 .05; ha. gov Deoembor'Z, 2014 Ronnie Hightower Case Farms Processing Inc. Po. Box 1-85. Winesbuig, 0.1344690 OSHA InspeotioofNo. 772453 Citation 1 and 2, All ltoms Citation Issuance Deccmber 27, 2011 Dear Empioyer: The Abatement Veri?Cation standard (29 CFR 1903.19) requires- employers to provide OSHA with oer??Cation that Violations have beenabatod 21nd,.in some instances. documentation of that abatement. You are 'rcquired by this regulation to submit :0 OSHA a ?Certi?cation of Abatement? listing oorroctivgac?on taken and the date of correction for each item in a citation unless. the. itemis annotatedwith "corrected During Inspection? or "Quick Fix?, We. have not received. doomnented corrective action from you. regarding Each. Violation. described in the citation reference-d above. Document-s neoded? to assure that. corrective. action has been takom include but are not limited to photographs, videos, work orders. purchase ordorsa standard Operating oOpieS of any written programs; noise or atmospheric. monitoring data: speci?cations (dimension, materials, etc). or descriptions of personal protective oquipmong administrative controls and engineering oontrois. Your responsibility. to provide ouch documentation is addressed in. OSHA Pamphlet 3090, "Employer Responsibilities and Courses of Action Followingan OSHA Inspootion?, a-copy of which was tralasn?tted to you. along, with. the. original citation. Page 7 of the booklet states that for violations which. you do not contost, you notify this. of?oo by letter that you have taken appropriate oo'rro'ctixr?o actionwithin the timo'set forth on the Citation. Please be advised that. if documentation of abatement is not received by this of?co by December 9, 2014, 21 Citation and Notification. of Penalty will be issued for a violatit'm of 29 CFR which may contain monetary penalty audio: 2y folIOW-up inspection may be conducted. For your mnvenience, a. certi?cation. form is attached. If yen h-aVe any questions regarding this matter; please contact yeur Iocal' OSHA Area Of?ce. The contact information is listed on the ?rst page of this (1042111113111, Your personal suppert and interest in the safety and 11621131 of year employees is appreciated.- 533110632139; David W1 so Assistant Area irecter- 1 CERTIFICATION OF CORRECTIVE ACTION WORKSHEET Inspectien Number: 77245 Campany Name: Case Farms Procassing} inc. impaction Site: 3 (3mm)! Read NEIL Winesbm'g, OH 44690 Is?mnce Daie: 13319;;201'3' List the speci?c method of correctimi fur each item on this citation in this package that does not read ?'??Corrected During and return to: US. Department of Labor Occupational Safety and Health Administration, 209 N. High Street, Room 620, Columbus, OH 43215 Citatign Number and Item Number was 80:160th 911- By (Method of Abatement): Citatiqn Numbar and.ltemNu1nber_ was corrected on By (Method CitationN umber and Item Number was .corrected on By (Method ofAbatemrent): Citation Number . and Item Number was 01}: By (Method QfAbatemant): Citation Number and item Number was corrected on By (Method of Abatement): Citation Number . and Item Number . was corrected on By (Method ofAbatement): I canify that the:- information contained in thisdmumgni is acCiirate- and that the affeicted-eznpigyees and their repres-entativeS haxf'e been informed of the abatement. Signature Date Typed or Printed Name. Title NOTE: '29 U86 66?(g) whoever knowingly. makas any fa?ise statemcntag on or. ccrtii?ica'tim in any application, plan or other docum?nis ?ied or .rtquircd to be maintained pursuant to the Act shail, upon cam-Pic.me be punished by a ?ns of not more than $10,000 Or by iriipliiscnmem of 001 more than 6 months or both. POSTING: A copy of commerce! Cer'e'ctiv'e Action cmpioyee rcvicw. CERTIFICATION OF CORRECTIVE-ACTION WORKSHEET Number: 77245 Company Name-z CESB Fauna; Pme'essing, Inc. inspectim?i Site: Cmmiy Read 2160, Winesburg,0H 44690 Issuance Date: 12519212013 List the speci?c method if correction for each itemen this citation. in this package that (10:25 110? read During and return to: U.S.'Department of?Labm? Occupational Safety and Health Administration, 200 N. High Street, ?Room 620, .Colnm bus, OH 43215 Citation Number and Item Number W33 corrected (in: By (Method of Abatement): Citation IN umber and Item Number_ was corrected on By (Method of Abatement):- Citation Number and Item Number. was; corrected On By (Method of Abatement): Citation-Number and Item Number I was Generated on By. (Method of Abatement): Citation Number and item Number was eerreeted on of Abatement): Citation Number and Item Number was corrected on By (Method ofAbatement); Li. certify that the information (remained imjhis document is? accurate and that. the affected empioyees and their representatives have. been informed of the abatement. Signature I Date- "ifyped (31? Printed Name Title NOTE: 29 USC 666(g) whoever 'k mowing}: makes any raise- statements, or ceriif?catfion'in any appiication, .x?cco-ri plan or other documents ?led or required i0 be. maintained pursuant'to {he Act-silail, upon conviCtion, be punished by a ?ne of not mere than $10,000 or by imprisonment of not more than 6 months 0r bath. POSTING: A copy of compieie? Con-e013 we Action Worksheet ShGBid be posted for review, CERTIFICATION OF CORRECTIVE ACTION 111313606011 Number: 77245 Company Name: Case Paws-Processing Inc. f'a'speC-tion Site: 1838 (Sammy Read 169, Wi?esburg, OH 44690 issiaance Date: 13;" {Em} List the speci?c. method of correction for each item on this citation in this package that class hot read During and refum to: US. Department o'fLa'bor Occupationa! Safety and Health Administratiun,?200 N. High Straet, Room 415203 Columbus, OH 43215 Citation Number and Itam Number. was C-Ol?l?e?ted 0h By (Method Of Abatement): I Citation Number and Item Number- was corrected On By (M 6:1:th 01? Abatement): Citation Number and Item Number'_ was corrected. 011' By (Method ofAbate-ment): Citation Number and Item Number was censured 011 By {Method of Abatement): Citatimw Number 2111411 1192.111 Number Was corrected on By (Mat.th Of Abatement): - CitatiOn Number and Item Number was "corrected 0n By" (Method afAbate'mem'): i cea?fy that the information contained in this dacument is accurate and that the affected emgjiayees and their representatives have been informed ofi'he abate-mam, Signature Date Typed Printed Name Title NOTE: 29 USC 666(g) whoever knowingly .makes any'false statements, representation or ccr?ti? cation 'in any application, rccord? pian or other documents ?led or- required to be maintained-pursumu :0 the; Act shall, upon conviction, be punished by a'fmc of nut more: than $10,000 or by ofnet more than 6 months'or both. POSTING: A bf Corrective ?xation should be pestad for empioyecrcvi'cw. CERTIFICATION OF CORRECTIVE ACTION WORKSHEET inspection Number: 77245 Company Name: (LT-2156513311115 Proxiessing Inc. Impacting: Site: '1 31 8 Gaunt}; 84:32:61 360* Winesbm?g, OH 44690 Issuance: Date: 12/ {95201.3 List the speci?c method of correction for each item on this citatinn in this package that does mt read During and return US. Department of Labor Occupational Safety "and HealthAdministratian, 200 N. High Streeg?nam 620, Columbus, 0H. 43215. Citation N?m?ber and item. Number was corrected on By? {Mede of'Abatement): Citation Number and Item Number was corrected on By (Method ofAbatemcht): Citation Number and Item Number was corrected on By-(Me-thod of?batement): Citation Numbcr and Item Number Was corr?cied on By (Method of Abatement): Citat?ien Number and Item Number was corrected on By (Method of Abatement): Citation Number and .Ift'em- Nmnber. was corrected on By (Mailed ofAbatement):_ I certify thafthe information contained in this document isaccura?te' and that the a?ecfted employees and their representatives have been informed of the abatement. Signature- Data Typed or Printed Name Titia- NQTE: 29 USC 666(g} Whoever knowing}; makes any fake slate-ma?a representation or ce?i?tza?iion in any applicatian, recordA pian Or oihEr documents ?lad ur-required to maintained 'pursuam 10 the Act shaiL upon convictian, be punished by a ?ne 0f not mere than $10,000 or by imprisonmeni-of not more than 6 months 01' PO STING: A Copy of Complemd Correc-tixfc Action 'Worimhaet. should be. pasted for cmplayee review. NC, 28166 - I Menageu?sg'o??ARmeNrc? "x303 .Ixzvpicp; Numbe; Im?xoiceHDaSe-4 :?ca?q'?iptiqn ,14543manslaazemgtf i .u's?omsumcoumam' ITIE: SAFETY APER .. . ME was: 9: - a . . TaausIM?N,,?, N03166: - EY EZGWES 2'72013 DE 28156 -. . 211cm "1-3 4 rln)ll II Iri'll 31" A 2? n. 5,54,? ?manMqua . - - M. W: . r. .. . vdwm?h hr. an: - LITIGATION HOLD NOTICE DATE: - October 25, 201 1 TO: Staff FROM: DEBORAH J. ZUBATY AREA DIRECTOR SUBJECT: Case Farms Processing Inc. dba Case Farms Chicken INSPECTION NUMBER: 77245 Effective immediately, a Litigation Hold is being implemented in this matter to assure the preservation of relevant evidence for litigation. While this Litigation Hold is in effect, normal records destruction procedures are suspended until the litigation is completed. You are required to preserve all documents and evidence related to this matter in their original form. This requirement applies to electronically-stored information such as email, word processing documents, digital photographs, spreadsheets, and databases. should be preserved in whatever electronic format it was created Word, Excel, Access, JPEG) even if ?hard copies? are printed and included in the investigation file. You must not destroy any information covered by this Litigation Hold Notice, except you need not stop the operation of ordinary backup tape recyCling policies unless you have reason to believe that the backup tapes contain unique information which has not been otherwise retained. Failure to preserve information may result in court sanctions against the Department and against you personally. Consequently, if you are unsure whether certain information should be preserved, err on the side of caution and preserve the information until the Soiicitor?s Office is consulted. PAP HAS MA gtRe ass . 3: :-1i Ramon-5. Zubaty, Deb - OSHA From: Debaltzo, Michelle - SOL Sent: Wednesday, March 27, 2013 5:09 PM To: cbaumerich@oshrc.gov Cc: jalvino@oshrc.gov; Bradley, Mary - jbrennan@laborlawyerscom; Zubaty, Deb - OSHA Subject: Case Farms Processing, Inc Final Settlement Agreement (12?0161, 12~Ol62, 12?0950) Attachments: Case Farms Processing, Inc. Final Settlement Agreement 3~27-l3 (1243161, 12?0162 81 Judge Baumerich: An electronic copy of the signed settlement agreement for the referenced case is attached. We will put the original in the mail tomorrow. Thank you for your efforts to help the parties resolve this case. Michelle M. DeBaltzo Trial Attomey US. Department of Labor Of?ce of the Solicitor 1240 East Ninth Street, Rm 881 Cleveland, Ohio 44199 216 5226879 216-522-7172 440?823?1411(c) debaltzo.michelle@dol.gov; This message may contain information that is privileged or otherwise exempt form disciosure under applicable iaw. Do not disciose without constiiting the Office or the Soiicitor. if you think you received this e-maii in error, please notify the sender immediateiy. . 3' - Cit-awn 1 $230039Line-misma .. 1 - .--. . 7 - Item 9i; a 0- 1.1.5 violation a . Citatiq? 21 is violatng a $105030 (15) I I I I 5 Mag; as; a ?mwther- . mommy this -- .R?spo'" ?ndqirit?" M11 @189. to. SueriSQrs?? dated), Qatqbe. 26, 2912;? in?ud?'supgr?sqry disQiplijrji?, Whean 711 'fgm . . 1.3! .i I I of .ffot Gamer 1,2013 39; Be. the day's M510ng 2013- For the - dew Wishes - 8 1denf "712 The parties ages to the. entry ofa. fine; 95?: :tenns 9r Agrc?ment.- I I 13:. agrees to attdm?y and Other Expenses by such. patty in With. any. abcv?-?chptioned proceeding "including; 'but not limited _to.5_j.att01jncy fees ?hich may be aVail?bi?' under the Access to Ad, as amended. '15. Thaw Review and . cit?d that . iat' Been at a gamma; af?rd Such hotic?gandihatafhc . . Agwe?menmin fertile?next; ten (1.0) daysdate, FOR RESPONDENT: Date; .. .. 9.1.5.0 Hills suite .300 Clcif?laigdl Ohio 44147-3 599 (440)838-8800 - (fax) 11 - mm - Dim}; I 3/17/ . -.. -- 1 I?m BRADLE - .Stt??t . - (2.16) 522-3879.; (216) 522?3869 (216) 522.7172 (Fax) OF COUNSEL: SETH D- Acting Secret?ty' 9f Labor, Successor to? Hilda Solis Regional Solicitor Msociate Regional Solicitor . i .. .. .. (2.16) 522-3879; (215)522-3869; (216) 522-71736?) . 12 LLS. Department at Leber Office of the Solicitor 881 Federal Office Building 1240 East Ninth Street Cleveland, Ohio 44199 MAR 2501?; eerie U?i??ghiilvlt?iJ-?. eale Reply to the Attention of: (216) 522-3869 (216) 522?7172 (Fax) March 22, 2012 Judge Carol A. Baumerich Occupational Safety 8: Health Review Commission 1120 20?h Street, N.W., Ninth Floor Washington, DC. 20036?3419 Re: Secretary of Labor V. Case Farms Processing, Inc. dba Case arms Chicken OSHRC Docket No. 12-0161; OSHA Insp. No. 77245 Dear Judge Baumerieh: The Complaint is enclosed for ?ling in the referenced case. Thank you for your attention to this matter. Sincerely, BENJAMIN T. CHINNI Associate Regional Solicitor By?" -. . MICHELLE M. MARY L. BRADLEY Trial Attorneys Enclosure cc: Terry E. Lardakis, Esq. enel.) Zubaty, AD encl.) SOL No. 32312 UNITED STATES OF OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SECRETARY OF LABOR, Complainant, OSHRC Docket No. 12?0 1 61 Inspection No. 77245 CASE FARMS PROCESSING, INC., dba CASE FARNIS CHICKEN, REGION Respondent. COMPLAINT Complainant, the Secretary of Labor, United States Department of Labor, brings this action against Respondent, Case Farms Processing, Inc, dba Case Farms Chicken (?Respondent?), for an Order af?rming the Citation and Noti?cation of Penalty (?Citation?) issued as a result of Violations of the Occupational Safety and Heal the Act, 29 U.S.C. ?651, et seq. (?the Act?), and regulations under the Act. I. Jurisdiction of this action is conferred upon this Occupational Safety and Health Review Commission by section 10(0) of the Act. II. Respondent is, and at all times hereinafter mentioned was an employer with an office and place of business at P. O. Box 185, Winesburg, Ohio 44690, and, at all times hereinafter mentioned, it was engaged in the business of poultry processing. Respondent, at all times hereinafter mentioned, had a worksite at 1818 County Road 160, Winesburg, Ohio 44690 and, at all times hereinafter mentioned, it was engaged in the business of poultry processing. Respondent, at all times hereinafter mentioned, was engaged in a business affecting I interstate commerce in that Respondent produced and/or handled goods and materials which were moved and/or used in interstate commerce. Respondent, at all times hereinafter mentioned, was an employer employing employees in the business and at the workplace referenced above in paragraph IV. On December 27, 201 1, Complainant issued a Citation to Respondent alleging serious and other than serious violations of the Act at the worksite described above in paragraph ll(b). A copy of the Citation is attached as EXHIBIT A. Pursuant to section 10(c) of the Act, Respondent duly ?led aNotice of Contest which contested the aforementioned Citation and the penalty proposed therein; and said Notice of Contest was duly transmitted to this Occupational Safety and Health Review Commission. V. Respondent, at the workplace identi?ed in paragraph H(b) above, on or about the date of the alleged violations, violated the Act at the time, location, place and circumstances described in the Citation. The penalty proposed for the alleged Violations contained in the Citation is appropriate and re?ects the gravity of the violations, the good faith of the employer, due consideration of the size of the business of the employer, and the history of previous Violations, if- any, as required by section 170) of the Act. The proposed abatement dates for the Violations contained in the Citation are reasonable in that they allow Respondent suf?cient time for abatement. WHEREFORE, cause having been shown, Complainant prays for an Order af?rming the aforesaid Citation and Notification of Penalty in the amount proposed therein. Respectfully submitted, 43/5,) MICHELLE M. 1 MARY L. BRADLEY Trial Attorneys US. Department of Labor Of?ce of the Solicitor 1240 East Ninth Street, Suite 881 Cleveland, Ohio 44199 (216) 522~3 879; (216) 522-3869 (216) 522-7172 (Fax) debaltzo.michelle@dol.gov bradley.mary@dol.gov OF COUNSEL: M. PATRICIA SMITH Solicitor of Labor JOAN E. GESTRIN Regional Solicitor BENJAMIN T. CHINNI Associate Regional Solicitor CERTIFICATE OF SERVICE I certify that a copy of the foregoing Complaint was served on the Respondent this 22nd day of March 2012, by sending it to its attorneys Via regular mail addressed as follows: Terry E. Lardakis, Esq. Fisher Phillips 9150 South Hills Blvd. Suite 300 Cleveland, Ohio 44147 2 ELS. Department of Label? Occupational Safety and Health Administration 200 N. High Street, Room 620 Columbus, OH 43215 Phone: 614-469-5582 Fax: 61444696791 mm .44.. inspection Number: 77245 inspection Date(s): 06/3 0/2011 10/25/2011 issuance Date: 12/27/2011 rlilo: Case Farms Processing, Inc, dba Case Farms Chicken and its successors PO. Box 185 Winesburg, OH 44690 he violqglenm describ ed "in this Citadel? and ori?cotion ofPeliolty-ts (are) alleged to have ocemv'edfen or about the dast) the inspection was article. was otherwise indicatediitithin the-desert ?le; 7011 0110 0001 8776 given belch"- I 2' inspection Site: 1818 County Road 160 Winesburg, OH 44690 This Citation and Noti?cation of Penalty (this Citation) describes violations of the Occupational Safety and Health Act of 1970. The penalty?es) listed herein is (are) based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties proposed, unless within 15 working days (excluding weekends and Federal holidays) ?-om your receipt ofthis Citation and Noti?cation of Penalty you mail a notice of contest to the US. Department of Labor Area Of?ce at the address shown above. Please refer to the enclosed?booklet (OSHA 3000) which outlines your rights and responsibilities and which should be read in conjunction with this form. Issuance of this Citation does not constitute avfinding that a violation of the Act has occurred unleSs there is a failure to contest as provided for in the Act or, if contested, unless this Citation is af?rmed by the Review Commission or a court. Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at 'or near the location of the violation(s) cited herein, or, if it is not practicable because of the nature of the employer?s operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and Federal holidays), whichever is longer. The penalty dollar- amounts need not be 1303th am may be marked out or covered up prior to posting. all" Citation and Noti?cation of Penalty Page 1 of29 9:93) Informal Cullii?et?euce An informal conference is not required. However, if you wish to have such a conference you may request one with the Area Director during the 15 working day contest period. During such an informal conference you may present any evidence-or views which you believe would support an adjustment to the citation(s) and/or penalty?es). Ifyou are considering a request for an informal conference to discuss any issues related to this Citation and Noti?cation of Penalty, you must take care to schedule it. early enough toallow tirne to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of - intent to contest must be submitted to the Area Director Within 15 working days of your receipt of this Citation. The naming of this contest period is not interrupted by an informal conference. If you decide to request an mformal conference, please complete, remove and post the Notice to Employees next to this Citation and Noti?cation of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as Well as any abatement steps taken thus far. Ifconditions warrant, we can enter into. an informal settlement agreement which amicably resolves this matter without litigation or contest. Right to Contest - You have the right to contest this Citation and Noti?cation of Penalty. You may contest all citation items or only individual items. You may also contest proposed penalties and/or abatement dates without contesting the underlying violations. Unless you inform the Area Director in writing that your tummy to contest the citation(s?p and/or proposed penalty?es) within 115 after receipt, the citatioht?s} and the proposed pcnalty?cs) will become a final order of the @ccupatioual Safety and Health Review Commission and may not be reviewed lemony court or agency. Penalty Payout Penalties are ?due within 15 Working days of receipt of this noti?cation'unless contested. (See the enclosed booklet and the additional information provided related to the Debt Colle?tion Act of 1982.) Make your check or money order payable to Please indicate the InSpection Number on the remittance. OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions", conditions, or endorsements do not exist. Notification of (Corrective Action - For each violation which you do not contest, you must provide abatement certi?cation to the Area Director of the OSHA of?ce issuing the citation and identi?ed above. This abatement certi?cation is to be provided by letter within 10 calendar days after each abatement date. Abatement certi?cation includes the date and method of abatement. If the citation indicates that the violation was corrected during the inspection, no abatement certi?cation is required for that item. The abatement certification letter must be post-Ed 811116 locatipn Where the violation appeared and the corrective action took place or employees must otherwise be effectively informed about abatement activities. A sample abatement certi?cation letter is enclosed with this Citation. In. addition Where the citation indicates that abatement documentation is necessary, evidence of the purchase or repair of equipment, photographs or video, receipts, etc., verifying that abatement has occurred is required to be provided to the Area Director. Employer Discrimination Unlawful - The law prohibits discrimination by an employer against an employee for ?ling a complaint or for exercising any rights under this Act. An employee who believes that ire/she has been discriminated against may file a complaint no later than 30 days after the discrimination occurred with the US. Department of Labor Area Of?ce at the address shown above. Citation and Notification of Penalty Page 2 91529 9,93} Employee Rights and Responsibillities The enclosed booklet (OSHA 3000) outlines additional employer rights and responsibilities and should be read in conjunction with this noti?cation Notiee to Employees ?The law gives an employee or his/her representative the oppormnity to object to any abatement date set for a Violation if lie/she believes the date to be unreasonable. The contest must be mailed to the US. Department ofLahor Area Of?ce at the address shown above and postmarked within 15 working days (excluding weekends and Federal holidays) of the receipt by the employer of this Citation and Noti?cation of Penalty. inspection Aetivirty Data You should be aware that OSHA publishes information on its inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to these alleged violations will be posted when our system indicates that you have received this citation, but not sooner than 30 calendar days after the citation issuance date. You are encouraged to review the infortnati on concerning your establishment at woshagov. If you have any dispute with the accuracy of the information displayed, please contact this of?ce. Citation and Noti?cation of Penalty Page 3 of 29 9X93) Ugo Depar?mmtt of Labor Occupational Safew and Health Admmistration NOTICE TO EWLGYEES 01F 11%? ORMAL CONFERENCE An informal conferencs has bean scheduled with OSHA to digcuss the citati0n(s) issusd on Decembsr 27, 2011? The confarence will be held at the OSHA oi??e locath at 200 N. High Street Room 620, Columbus, OH 43215 on I . at Employacs and/0r mpmsem?ativss of employass ham 3. right to attand an informal conferenca. Citation anti Noti?cation of Penalty Page 4 of29 9?93) CERTIDFECAHGN 01F CQRRECTWIE lit-ta [e t? :3 Compmy Name: Case 14mg Procagsing, Inc? dba Case Palms Chicken ill at Ion another '7??de Inspection Site: 1818 County Road 160, W?tesborg, OH 44690 Issuance Date: December 27, 2011 list the 3p eci?c method of OO??eO?th? for each item on this citation in this package that does not read ?Corrected During Inspection? and return to: Department of Labor - Occopatiooal Safety and Health 2?39 High Stt'eet9 Room 6261 Columbus, (OH 4.321% Citation Number and Item N'Imtbet was corrected on By (Method of Abatement): Mm Citation Number and Item Number. . was cottected on By (Method ofAbatement): w? Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): Citation Number and Item Number was corrected on By (Method of Abatement): ?We Citation Number and Item Number was corrected on By (Method of Abatement):v I certify that the information contained in this document is accurate and that the a?'eeted employees and their repeesentativea have been informed of the abatement. SignatTJre bate Typed or Printed Name Title NOTE: 29 USC 666.(g) whoever knowingly realms any false statements, representation or certification in any application, record pgan 0; other documents ?led or required to be maintamed pursuant to the Act shall, upon conviction, be punished by a ?ne of not more diam $10,000 or by imp?sonment of not more?than 6 months or both. POSTING: A copy of completed Corrective Action Worksheet should be posted for employee review Citation and Noti?cation of Penalty Page 5 of 29 9(93) lilSa Dep srthoeht of Labor 03506800111! Number: 77245 Occupational Satay and Health Ammjs?a?on inspection Date(s): 06/30/2011 Issuance Date: 12/27/2011 Citation and Notification of Perr??g Company Name: Case Farms Processing, Inc, dba Case Farms Chicken inspection Site: 1818 County. Road 160, Wmesburg, OH 44690 . Citation 1 Item 1 Type of Violation: 29 CFR Information consenting the techhology of the process shall include a, block ?ow diagram or simpli?ed process ?ow diagram (see Appendix to this section): a. The block ?ow diagram for the ammonia. re??igeratioo system was not updated and accurate in?that the 300 ton chiller RWCG, screw compressor 08, evaporative condenser E03, and thetmosyphon vessel TSV were not identi?ed. ABATEMBENT 18? GR Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5 000.00 Citation 1 Item 2 Type of Violation: Serious 29 CFR Information concerning the technology of the process shall include maximum intended inventory: a. The process safety information pertaining to the technology of the ammonia re?igeration system did not include the maximum intended inventory of ammonia. ABATEMENT DOCUMENTATKQN REQUIRED FOR THIS Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Page 6 of 29 9193) Citation and Noti?cation of Penalty Department of Labor inspection Nnnuiber: 77245 Occupational Safety and Health Administration 06/30/2011 10/25/2011 issuance Date: 12/27/2011 Citation and Notificatign of?Penalt?v Company Name: Case Farms Processing, 1110., dba Case Farms Chicken inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 3 Type ofViolation: Scribes 29 CFR 1910. Infonnation pertaining to the equipment in the process shall include piping and diagrams a. The (Sheet No. Drawing No. 5021907308013) for compressors with a revision date of October 28, 2010, was not accurate in that the Vilter screw compressor was identi?ed as 0-6 (duplicated) in lieu of Cull. b. The (Sheet No. Drawing No. 502F07308013) for compressors with a revision date of October 128, 2010, was not accurate in that the relief line, 1 RV (VAP), for the Vilter screw compressor was identi?ed with the incorrect size. c. The P625113 (Sheet No. Drawing No. 5 (EPW308013) for chillers with a revision date of October 27, 2010, was not accurate in that the ingoingflirie, 14/4 HPL (LIQ) 180 PSIG (95F), for the accumulator was identi?ed with the incorrect size. (1. The Prich (Sheet No. Drawing No. 502F07308013) for? chillers with a revision date of October 27, 2010, was not accurate in that the oil drain point under the accumulator identi?ed only one globe valve and did not identify an additional globe valve and spring return ball valve. e. The (Sheet No. PID-US, DraWing No. 5 02P073 08013) for chillers with a revision date of October 27, 2010', was not accurate in that the ammonia high pressure transfer line, PO (LIQ), and associated globe valve for the accumulator A-l were not marked. f. The P8511) (Sheet No. Drawing No. 02P073 08013) for chillers with a revision date of October 27, 201.0, was not accurate in that?the dual safety relief valves saith 3~way manifold were identified as being located on top of accumulator Aa-l when it was actually located approximately 25 feet away on the 4 H88 (VAP) 28 PSIG (15F) line. g. The (Sheet No. PID-OS, Drawing No. for chillers with a revision date of October .27, 2010, was not accurate?in that the oil drain point under the 300 ton chiller identi?ed only one globe valve and did not identify a spring return ball valve. Citation and Noti?cation of Penalty Page 7 of 29 9/93) UuSl Department of Labor Inspection Number: ?77245 Occupational Safety and Health Administration Inspection Mae): 06/3 0/2011 - 10/25/2011 Ilsenan'e'e Date: 12/127720 11 (Citation and Notification of Penalw Company Name: Case Farms Processing, Inc., dba Case Farms Chicken llaspee?i?on Site: 1818 County Road 160', Winesburg, OH 44690 h. The P612le (Sheet No. me?i Drawing No. 502P07308013) for ehillere a revision date of October 27, 2010, was not accurate in that the identi?cation tags on the valves such as the globe valve under the 3 00 ton chiller were not the same as marked on the PdelD? ABATEMENT DQCUJE-EENTATEQN REQUIRED TEES HTEM Date by which Violation must he Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Itemtl Type ofVioIation: Serious 29 CFR The process hazard analysis shall address facility siting: a. The 2000, 2005, and 2010 did not adequately address facility siting for the ammonia refrigeration system such as, but not limited to, the followmg: location of evaporative condensers high pressure receiver HPR, low side recirculator accumulator Au 1, 300 ton chiller RWC-B and associated piping and valves located adjacent to the roadway which subjected the equipment and piping to vehicular impact. ABATEMENT DOCUMENTATHUN REQUIRED FUR ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation and Notification of Penalty Page 3 of29 9x93) anSa Department of Labor Inspeai?om Number: 77245 Occupational Safety and Health Administration Demo): 06/ 3 0/2011 10/25/2011 Date: 12/27/2011 (Citation and Notification of lPeoel?V (Company Name: Case Fame Processing, loos dba Case Farms Chicken loopeet?on Site: 1313. County Road 160, Winesburg, OH 44690 Q?etion I Item 5 Type of Violation: 29 CPR The process hazard analysis shall address human factors: a. The 2000, 2005, and 2010 did not adequately address human factors- for the ammooia re?igeration system such as, but not limited to, the following: look of trained operators for emergenoy operations and, emergency Shutdown on second and third shifts; look of trained. operators when trained employees ?re on leave; and Operator overload during normal operations, emergency operations, and emergency shutdown. ABATEMIIHNT BISQUE TEES ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $7000.00 Page 9 of 29 W93) Cim?oa and Noti?cation ofPonalty U080 Dgpap?me?nt 0f Inspection Number: 77245 Occupational Safety and Health Administration In?l?ml??n Dal?sli 06/3 0/2011 10/25/2011 lasaance 12/27/2011 Citation and Noti?cation of Penalty t?fonapany Name: Case Farms Processing, Inc., dba Case Farms Chicken Inspection Site: 1818 County Road 160., Winesburg, OH 44690 Citation 1 Item 6 Type ofViolation: Serions 29 CFR The employer shall establish a system to address the team's ?ndings and recommendations; as?sure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible develop 3 Written 301155-1116 0f Wh?? these actions are to be completed; communicate the actions to 9 operating; maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions: a. On the 2010 PHAS the completion dates for recommendation numbers 3 and 41 were not documented; actions to be taken were not completed for recommendation numbers 3, 4, 5, and actions were not completed as soon as possible-for recommendation numbers 4 and 7; and a written schedule of when actions were to be completed (due dates) for recommendation numbers 3, 4, 5, 1g, and 222 was not developed. 11)- REQIUWED 13?th T111113 EM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Page 10 of29 carts-2mm sag) Citation and Noti?cation of Penalty USO Department of Lahore inspection Number: 77245 Occupational Safety and Health Administration DMWS): 05/3 0/2011 10/25/2011 Issuance Date: 12/27f2011 {Citation and Notification oil?lP?enalty (Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1318 County Road 160, Winesburg, OH 44690 Citation I Item 7 Type of Violation: 29 CPR 1910.1 The employer shall develop and implement written operating procedures that provide clear instructions for safely 'coridaeriag. activities involved in each covered process consistent with the pro oess safety information and shall address at least normal operations: a. Written procedures for normal operatidns in the ammonia refrigeration system did not address oil draining from ammonia equipment without oil pots such as, but not limited to, the following equipment: high side recirculator R~l low side rccirculator R32, accumulator Aul and 3 00 ton chiller RWC-S. ABATEMENT REQUIRED.) THIS ll'il?EM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citationl Item 8 Type ofViolation: Serioas 29 CFR The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least safety systems and their functions: a. Written operating procedures for safety systems and their functions in the ammonia refrigeration system did not have accurate alarm and cutout information for equipment such as, but not limited to, the following: low stage reciprocating booster compressors high stage reciprocating compressors and evaporative condensers ABATEMENT DOCUMJENTATIGN REQUIRED FQR THIS ll'l?lEM Date by which "Violation must be Abated: 01f26/2012, Proposed Penalty: $5000.00 Page 11 of 29 W93) Citation and Noti?cation of Penalty ILLS, Department of Language inspection Number: 77245 Occupational Safety and Haa?h llnepeetiou: Bards): 0660/2011 - 10/25/2011 issuance Date: 12/102011 (Citation and Notification of Penalty (Company Name: Case Farms Processing, Inc, dba Case Farms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 9 Type of Violation: Sorions .29 CPR 1910.1 Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the prooeSs and in the operating procedures as Speci?ed in paragraph of thia section. The training shall include emphasis on the speci?c safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks: a. The employer did not train at least one maintenance employee, who was involved in emergency operations in the ammonia refrigeration system during a power failure, on the speci?c related procedures. b. The employer did not train at least one maintenance employee, who performed preventative maintenance on the 300 ton chiller RWC-S, on the operating procedures for that Specific chiller. e. The employer did not adequately train at least two maintenance employees, who were involved in an ammonia release on or about June 30, 2011, in the speci?c: emergency shutdown procedures. ABATEMENT DOCUMENTATIDN WIRED FOR-THE ITEM Date by which Violation must be Abated: 01/26/2012? Proposed Penalty: $7000.00 Citation and Notification of Penalty Page 12 of29 OSHA-KEEN. 9193) US. Department of Labor Number: 77245 Occupational Safety and Heap-h Admmisga?on tnspeetton Betas): 06/3 0/2011 10/25/2011 issuance Date: 12/27f2011 (Citation and Noti?cation of ll'1?enalttr Company Name: Case Farms Processing, 1110., (11321 Case Farms Chicken Site: 1813 County Road 160, Wineshurg, OH 44690 Citation 1 Item 10 Type ofViolation: S?ll?ll?t?? 29 CPR 1910.1 1 Refresher training. Refresher training shall be provided at least every three years; and more often if necessary, to each employee involved in operating a. process to assure that the employee understands and adheres to the current operating procedures of the process. The employer: in consultation with the employees involved in operating the process, shall determine the 'appropriatg frequency of refresher training: a. The employer did not provide refresher training every three years on the standard operating procedures for at least two employees involved in the ammonia refrigeration system. ABATEMENT DEDCUMENTATIIQN lltlEQlUl?ltlElU) FQJR HEM Date by whieh Violation must be Abated: 01/26/2012 Proposed Penalty: $7000.00 Citation 1 Item 11 Type of Violation: Ser?ons 29 CFR Written procedures. The employer shall establish and implement written procedures to maintain the on?going integrity of process equipment: a. The employer did not establish and implement written procedures for installing and replacing valves and gaskets including the speci?cations for? the preper torquing of ?ange bolts. b. The employer did not establish mitten procedures for testing valves annually. 0. The employer did not establish and implement written procedures for inspecting and testing ofpiping and associated components such as ?anges and supports. Citation and Noti?cation of Penalty Page 13 of 29 9/93) Ugo Department of Labor Inspection Number: 7'224-5 Occupational Safety and Health Administration 39310513): 05/30/3011 10/25/2911 issuance Date: 12/27/2011 Citation and Notification of Penalty (Company Name: Case Farms Processing, Inc, dba Case Farms Chicken inspection Site: 1818 County Road 160, Winesburg, OH 44690 d. The employer did not establish written procedures for the testing of compressor safety cutout switches. ABATEMENT ll}- REQUERJED FUR 01.31118 ETEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citationl Item 12 Type ofViolation: Serious 29 CF 1910.1 The frequency of inspections and tests ofpro cess equipment shall be consistent with applicable InanufactlneisI recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience: a. On or about June 30, 2011, in the ammonia-re?igeration system, the testing of compressor safety cutout switches was not performed yearly as consistent with recognized and generally accepted good engineering practices (RAGAGEP). b. On or about June 30, 2011, in the ammonia refrigeration system, the inspections and testing-of insulated and uninsulated piping and associated components such as ?anges and supports were not performed annually as consistent with RAGAGEP and the frequency established by the employer's Mechanical Integrity Program. ABATEMENTDOCWENTATKGN tenement) EUR THIS HEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $7000.00 Citation and Noti?cation of Penalty Page 14 01?29 OSHA-mien 9:03) USO Department: of Labour Inspection Number: 77245 Occupational Safety and Health Administration 111130603031 Dal?lsk 05/3 0/2011 10/25/2011 issuance Date; 12/27/2011 Citation and Notification of llehaiiy (Company Name; Case Farina Processing, Inc, dba Case Farms Chicken inspection Site: 1818 County Road 160, Wineshurg, OH 44690 Citation 1 item 13 Type of Violation: S?l?f?l?l?S 29 CFR The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that a??ect a covered process: a. A management of change covering the construction of the building around the 300 ton chiller RWCM3 and associated equipment was not written and implemented to ensure that the changes to the facility did not affect the covered process. MATEMENT REQ 01/26/2012 Date by which Violation must he Abated: $7000.00 Proposed Penalty: Citation 1 Item 14 Type of Violation: 5611010111118 29 CFR The employer shall inVestigate each incident which resulted in, or could' reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace: a. The employer did not conduct an incident investigation for the ammonia release that occurred on or about October 2, 2006; when an employee was draining oil ?om the low side recirculator in the ammonia refrigeration system. ABATEMDENT DOCUMENTATIUN REQUIRED FOR li?ll?lEh?ll Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5 000.00 Page 15 of 29 9/93) Citation and Noti?cation of Penalty Department of Labor I??p?c?m Number: 77245 Occupational Safety and Health inspection Bette}: 06/309031 10/25/2011 issuance Date: 12/27/2011 ?irtation and Notification of Penaltv Company Name: Case arms Processing, Inc, dba Case Farms Chicken inspection Site: 1818 County Road 160, Winesburg, OH 44690 Qtationt item 15 Type ofViolation: Serious 29 CFR An incident investigation team shall be established and consist of at least one person in the process involved, including a contract employee if the incident involved- work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and. analyze the incident: a. For the incident (reference #63011) which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 2-8 degree cooler, the incident investigation team did not include at least one person knowledgeable in the process. b. 1201-13113 incident (reference #102608) which occurred on or about October 26, 2008, and involved an ammonia vapor release around the stern of a hot gas valve on the Race chiller, an incident investigation team was not established. c. For the incident (reference #1 228 06) which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a welded union on the Vo?l?ator equipment and a quantity of oil impregnated with ammonia which was emptied into the ?oor drain, an incident investigation team was not established. ABATEWNT DBCUMENTATHION REQUIRED FOR THIS ll?ll?Eli/JI Date by which Violation must be Abated: 01(26/2012 Proposed Penalty: $5000.00 Citation and Notification of Penalty Page 16 CIle 9&3) US, Department of Labor inspection Number?; 77245 Occupa?onal Safety and Health Admi?istm?o? inspection Date(s): 0613012011 1095/2011 issuance Date: 12/27/201 1 Citation and Notification of Penalty (Company Name: Case Farms Processing, Inc, dba Case Farms Chicken inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation lltern 16 Type ofViolation: Serious 29 CFR A report shall he prepared at the conclusion of the investigation which includes at a nainirnmn the factors that contributed to the incident: a. The incident investigation report (reference #63011), for the incident which occurred on or about June 30, 2011, and involved an ammonia release in the coils of air unit 3 in the 28 degree cooler, did not include all the factors which may have contributed to the incident including, but not limited to, the following: inadequate inapections/testing of equipment, nonexistent replacement schedule for aging equipment, nonexistent ammonia detector system in the cooler, and inadequate training for ammonia, refrigeration operators and emergency responders. h. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not include all the factors which may have conuihuted to the incident including, but not limited to, the following: inadequate operating procedures for maintaining water pressure, inadequate training for employees monitoring water pressure, and nonexistent low level alarm for lack of water pressure. 0. The incident investigation (reference #102608), for the incident Which occurred on or about October 26, 2008, and involved an amnionia vaporrelease around the stern of a hot gas valve on the Reco chiller, did not include all the factors which may have contributed to the incident including, but not limited to, the following: nonexistent annual valve inspections and nonexistent annual valve testing procedures. Citation and Notification of Penalty Page of 29 9193) US, Department or? Lahore inspection Number: 77245 Occupational Safety and Health Administration 11931999109331 Dates): (15/30/2011 10/25/2011 issuance Date: 12/27/2011 Qtation and Noti?cation of Penalty (Company Name: Case Farrns Processing, Inc., dba Case Farms Chicken inspection Site: 1818 County Road 160, Wineshurg, OH 44690 d. The incident investigation (reference #122806), for the incident which occurred on or about December 28, 2006, and involved an ammonia release from a pin hole sized leak on a Welded union on the VoTator equipment and a quantity of oil impregnated with anunonia which was emptied into the ?oor drain, did not include all the factors which magsr have contributed to the incident including, but not lirni'te'd to, the following: inadequate quality assurance inspections and tests, inadequate quality assuranCe procedures, inadequate training for employees disposing of oil impregnated with ammonia, and nonexistent operating procedures for disposing of blow down liquids. ABATEIVJUENT liltillClUM?EN'li?A'll?liON REQUIRED PEER ?ll?liilliS ll?li?lEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Item 17 Type of Violation: 30153161011118 29 CFR The employer shall establish a system to address and resolve the incident report ?ndings and recOmmendations. Resolutions and corrective actions shall be documented; a. The incident investigation report (reference #63 011), for the incident which occurred on or ab out June 30, 2011, and involved an ammonia release in the coils of air' unit 3 in the 28 degree cooler, did not document the resolutions and corrective actions. b. The incident investigation report (reference #91509), for the incident which occurred on or about September 15, 2009, and involved an ammonia leak in the Morris chiller room, did not document the resolutions and corrective actions. . e. The incident investigation (reference #102608), for the incident which occurred on or about October 26, 2008, and, involved an ammonia vapor release around the stem of ahot gas valve on the Rose chiller, did not document the resolutions and corrective actions. Citation and Noti?cation of Renalty Page 18 of 29 9f93) US. Department of Labor lespectton Number: 77245 Oeoupa?tionai Safety and Health Administration ??sllm?m? 06/3 0/2011 10/292011 lleenence Deter [Citation and Notification of Penalty (Company Name: Case Farms Processing, 1110., dba Case Farms Chicken llnepeetllon Elite: 1818 County Road 160, Winesburg, OH 44690 d. The incident investigation (reference #122806), for the incident which occurred on or about December 283 20 06, and involved an ammonia release from a, pin hole sized leak on a welded union on the VoTetor equipment and a quantity of oil impregnated with ammonia which was emptied into the ?oor drain, did not document the resolutions and corrective actions. ABATEMENT DQCWUENTATHQN REQUHJRED WEB ll?ll?lEll/ll Date by Which Violation must be Abated: Proposed Penalty; $500000 Citation 1 Item 18 Type ofViolation: Serious 29 CFR The employer shall determine and document an appropriate response to each of the ?ndings of the compliance audit, and document thatde?ciencies have been corrected: a. The employer did not determine and document an appropriate response to two of the ?ndings, and RM 15.8, on the compliance audit dated on or about March 30, 2009 through April 1, 2009. ABATEMJENT DOCUMENTATHQN REQUJWD FOR 'll?lHUlS ll?ll?lEMl Date by which Violation must beAbated: 01/26/2012 Proposed Penalty: $5000.00 Page 19 02329 one) Citation and Noti?cation of Penalty US, Department ofLalbor inspection 77245 Occupational Safety and Health Administration Regionalism Dates): 06/3 0/2011 10/25/2011 . Bate: 12/27/2011 Citation and Notification of Penalty (Company Name: Case Farms Precessing, Inc, dba Case arms Chicken inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 19 Type ofViolation: Serions 29 CPR 1910.1 191(c)(5): Employers shall retain the two (2) most recent compliance audit reports: a. The employer did not retain one of the most recent compliance audit reports dated on or about July through July 18, 2006, and October 9, 2006. KENTATHQN REQU i. E. 13611) FGR T101118 ll?li?lEM Date by which Violation must be Abated: I 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Item 20 Type of Violation: 29 CFR Based on the hazardous substances and/or conditions present, the individual in charge of the ICS shall implement appropriate emergency operations, and assure that the personal protectiveequipment worn is appropriate for the hazards to be encountered. HoWever, personal protective equipment shall meet, at a minimum; the criteria contained in 29 CPR 191015683) when worn While performing ?re ?ghting operations beyond the incipient stage for any incident: a. On or about June 3 0, 2011, the individual in charge of the Incident Command System (ICS) during the ammonia leak in the 28 degree cooler did not implement appropriate emergency operations and assure that the personal- protective equipment was worn including, but not limited to, the following: allowing nonwtrained employees to respond to an ammonia release; permitting employees moth no medical evaluation, ?t testing, and training to wear ?rll facepieCe respirators; ensuring the monitor received a bump test or calibration; and ensuring the use of rubber/chemical gloves, boots and apron. ABATEMENT DU CUMJENTATKQN REQUIRED FQR ?ll?lHEiS ll'll?lEM Date by which Violation must be Abated: 01/26/2012 Preposed Penalty: $7000.00 Citation and Noti?cation of Penalty Page 20 of29 91'93) USO Department of Lahore inspection Number: 77245 Oogupa?onal Safgty and Health Adm?ljsm?on inspection 06/3 0/2011 a 10/25/2011 issuance Date: 12/27/2011 Citation and Notification ofPenalW Cornpany Name: Case Farms Processing, Inc, dba Case Farms Chicken inspection: Site: 1818 County Road 160, Winesburg, OH 44690 Citationl Item 21 Typeof?Violation: Serious 29 CPR Hazardous materials technician: Hazardous materials technicians axe. individuals who respond to releases or potential releases for the porpose of stopping the release. They assume a more aggressive role than a ?rst responder at the operations level in that they will approach the point of release in order to plug, patch or otherwise stop the release of a hazardous substance. Hazardous materials technicians shall haVe received at least 124 hours of training equal to the ?rst responder operations level and in addition have competency in the following areas (29 CFR through and the employer shall so certify: a. On or about June 30, 2011, in the 28 degree cooler, at least three employees who responded in an attempt to locate Where the ammonia leak was originating had not received at least 24 hours of hazardous materials technician training. ABATEWNT It): OQUMEENTATEUN 13. 1F (DIR ITEM Date by which Violation must be Abated: (ll/2612012 Proposed Penalty: $7000.00 Citationl Item 22 TypeofViolation: Serious 29 CFR Those employees who are trained in accordance with paragraph (19(6) of this section shall receive annual re?esher training of suf?cient content and duration to maintain their competencies, or shall demonstrate competency in those areas at least yearly: 3- AS 0f September 14, 2011, Employees engaged in emergency response as ?rst responder operations level, hazardous materials technicians, and incident commanders had not received annual refresher training. ABATEMENT DOCUMENTATIQN REQUIRED PEER THIS 'i'll?EM Date by which Violation must he Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation and Noti?cation of Penalty Page 21 01?29 9193.). ILS, Department of Labor Inspection Nember: 77245 Ooeupatiorzai Safety and Health Administration Enemies Dates): 06/30/2011 10/25/2011 Issaartee Date: 12/27/2011 Citation and Noti?eatiorr of Penalty (Company Name: Case Farms Processing, loo, dba Case arms Chicken Inspection Site: 1818 County Road 160, Winesburg, OH 44690 Citationl Item 23 type ofViolation: Serious 29 CFR The employer shall provide a medical evaluation to determine the employee's ability to use respirator, before'th'e employee is ?t'te'sted or required to use the respirator in the workplace. The employer may discontinue an employee?s medical evaluations when the employee is no longer required to use a respirator: a. On or about June 30-, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North facepieoe negative pressure respirators had not been provided medical evaluations to determine each employees ability to use a respirator before the employee Was tested and required to use a respirator in the workplace. REQUIRED IS Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation 1 Item 24 Type ofViolation: Serious 29 CFR The employer shall ensure that an employee using a tight??tting facepiece respirator is tit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter: a. On- or about June 30, 2011, in the 28 degree cooler, at least two of the employees who responded to an ammonia leak wearing North full facepiece negative pressure respirators had not been ?t tested prior to initial use. ABATEMENT DOCUMENTATION REQUIRED FOR THIS ITEM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $5000.00 Citation and Noti?cation of Penalty Page 22 of29 9/93) Department ot?Lahoe Inspection: Nan-leer: 77245 Occupational Safety and Health Administration 333311369)? 05/3 0/2011 19/25/2011 Issuance Date: 12/27/2011 (Citation and Notification of Penalty (Company Name: Case Palms Processing, 1110., dba Case Farms. Chickeo Site: 1818 County Road 160, Winesbur?g, 0114-4690 Citation 1 Item 25 Type ofViolation: Serious 29 The employer shall provide the training prior to requiring the. employee to use a respirator in the workplace: a. On or about June 30, 2011, in the 28 degree coolers at least two of the employees who responded to an ammonia leak wearing North full negative pressure respirators had not been provided respirator training prior to being required to use a respirator. ABATEIWIENT 1510311111118 HEM Date by which Violation must he Abated: 01/26/2012 Proposed Penalty: $5000.00 Page 23 of 29 9193) Citation and Noti?cation of Penalty ILLS, D-npammemt of Labor inspection Number: 77245 Occupational Safety and Health Administration inst/393.0? Dalt?g): 05/30/2011 Date: 12/27/2011 10/25/2011 Citation and Notification of Penalty Company Nantes Case Farms Processing, lnc., dba Case. Farms Chicken Site: 1818 County Road 160, Winesburg, OH 44690 Citation 1 Item 26 Type ofViolation: 29 CPR Storage of material shall not create a hazard: a. On or about July 5, 2011, in the Sanova room, acids and bases were stored together such as, but not limited to, the following: 275 gallon ?container of 20% SanovaActivator Concentrate (pH 0.5) stored adjacent to a 275 gallon container of 25% Sanova Antimicrobial Food Additive Base (pH 12.5). b. On or about July 6, 2011, in the chemical storage building (chicken house), acids and bases were stored together such as, but not limited to, the following: three 300 gallon Containers of lnspexx 100 (pH 1) stored between ?ve 275 gallon containers of 25% Sanova Antimicrobial Food Additive Base (pH 12.5) and sixteen 55 gallon drums oquuamark Sodium Hypochlorite (pH 1143); a 300 gallon container of Inspexx 100 (pH 1) stored near ?ve 275 gallon containers of 25% Sanova Antin?crobial Food Additive Base (pH 12.5), a 55 gallon drum of Aquamark Sodium Hypochlorite (pl-l 1143), and two 55 gallon drinns of Trans-it (pH 13); a 55 gallon drum of Science Lab 85% Phosphoric Acid (pH acidic) stored adjacent to a 275 gallon container of AFCO 6008 Millennium Yellow (pH 11.8) and mm 275 gallon containers of 20% Sanova Activator Concentrate (pH 0.5) stored near three 55 gallon drones of Trans?it (pH 13) and a 2'75 gallon container of AF CO 6008 Millennium Yellow (pH 11.8). ABATEMENT DOCUMENTATIQN ll'll?EM Date by which Violation must be Abated: 01/26/2012 Proposed Penalty: $4000.00 Citation and Notification of Penalty Page 24 of 29 9/93) ELSE Department of Latinos Inspection Number: 77245 0 ?onal Safa and Hearth Administration inspection Dete(s): 06B 0/2011 10/25/2011 00111351 issuance Date: 12/27/2011 (Citation and Notifications o'if Penalty (Cortipzuny Nome: Case Farms Processing, lino, dbe Case Farms Chicken inspection Site: 1818 County Road 160, Winesbutg, OH 44690 Citation 2 Item 1 Type ofViolation: 29 CPR The employer shall document each inspection and test that has been performed on processequipment. The decantentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identi?er of the equipment on which the inspection or test was performed: a. description of the inspection or test performed, and the results of the inspection or test: a. On or about July 2011 in the ammonia refrigeration system, the documentation for the testing of compressor safety cutout switches did not identify the name of the person who performed the test. Date by which Violation must he Aborted: 01/26/2012. Proposed Penalty: $.00 Citation and Noti?cation of Penalty Page 25 on9 9/93) MOS, Department of Labor Inspection Number: 77245 and Health Administration linSpe?iiW Dailidgli Gamma? 19/25/2011 Occupationa a ety issuance Date: 12/27/2011 (Citation and Notification ot?JPenelltV Company Name: Owe Farms Processing, Inc, dba Case Farms Chicken llnejpeetion Site: 1818 County Road 160, Wineshurg, OH 44690 Citation 2 Item 2 Type ofViolation: 0i 29 CFR 191 0.1 190111) (4) A report shall be prepared at the conclusion of the hivestigation whigh includes at a minimum the date investigation began: a. The incident investigation report (reference #63011) for the incident which occurred on or about June 30, 20119 did not include the date the investigation began. 10. The incident investigation report (reference #915 09) for the incident which occurred on or about September 15, 2009, did not include the date the investigation began: c. The incident investigatibn report (reference #102608) for the incident which occurred on or about October 26, 2008, did not include the date the investigation began. d. The incident investigation report (reference #122806) for the incident which occurred on or about December 28, 2006, did not include the date the investigation began. 01/26/2012 Date by which Violation must be Abated: SS .00 Proposed Penalty: Citation and Noti?cation of Penalty Page 25 on9 9&3) US, ilepartmeat e11? Lather lulspeetiea Number: 77245 Occupational Safety and Health Administration Di? 153(8): 05/30/2011 10/25/3011 issuance Date: 12/27/2011 (Citation and Noti?cation of Penaltv Company Name: Case Farms Processing, 1110., dba Case Farms Chicken litiapeetiom Site: 1818 County Road 160, Wineaburg, OH 44690 Citation 2 Item 3 Type of Violation: 1111 ermtl? 11 :11 lite-S tht?tltbutg 29 CFR Th6 Bmplect?lshall establish a record of the qualitative and quantitative fir tests administered to an employee including: a. At the workplace, the employer did not establish a ?t test record of the most recent ?t tests administered to each employee authorized to wear negative pressure respirators. 01/26/2012 Date by which Violation must be Abated: $.00 Proposed Peealty: Citation 2 Item 4 TypeofViolation: @tliermtharim-S'erioas 29 CFR Training shall be provided at the time of initial assignment to tasks Where occupational exposure may take place and at least annually thereafter: a. As of September 14, 2011, employees designated and authorized to provide ?rst aid and CPR had not received armual bloodborne pathogen refresher training. 01/26/2012 Date by which Violation must be Abated: $.00 Preposed Penalty: W31 @11/4 DeborahJ. Zub: ty Area Director Citation and Noti?cation of Penalty Page of 29 W93) US. Department of Labor Occupational Safety and Health Administration 200 N. High Street, Room 620 Columbus, OH 43215 Phone: dill?4696582 Fax: 614?469?6791 DEBT CQLLECHQN {Company Name: Case Farr-us it?trussesing9 Eric.9 ribs Case Farms Chicken inspection Site: 31818 County lite-ad rang Wines-struts; Ulili 4469i]! issuance Date: Summary of Penalltics for Inspection Number Wid? Citation Serious Stiddtiilimb Citation 2, Dtherutharrngerious TOTAL PENMJMES Md??tib?fi To avoid additional charges, please remit payment to this Area Office for the total amount of the uncontested penalties summarized above. Make your check or?money order payable to: Please indicate InSpeotion Number (indicated above) on the remittance. OSHA does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions or conditions do not exist. If a personal check is issued, it will be converted into an electronic fund transfer (EFT). This means that our bank will copy your check and use the account in?ammation on it to electronically debit your account for the amount of the check. The debit from your account will then usually occur within 24 hours and will be shown on your regular account statement. You will not receive your original check back. The bank will destroy your original check, but will keep a copy of it. If the EFT cannot be completed because of insuf?cient funds or closed account, the bank will attempt to make the transfer up to 2 times. Pursuant to the Debt Ccllectibn Act of 1982 (Public Law 97-3 65) and regulations of the US. Departrnent of Labor (29 CFR Part 20), the Occupational Safety and Health Administration is required to assess interest, delinquent charges, and administrative costs for the collection of delinquent penalty debts for Violations of the Occupational Safety and Health Act. Citation and Noti?cation of Pcnaity Page 28 of29 93?93) linteres t: Interest charges will be assessed at an alone 211 rate detennined by the ecretaty of the Treasury on all penalty debt amounts not paid within one month (30 calendar days) of the date on which the debt amount becomes due and payable (penalty due date). The cunent ?tterest rate is one percent Interest will accrue from the date on which the penalty amounts (as proposed or adjusted) become a final order of the Occupational Safety and Health Review Commission (that is, 15 working days from your receipt oftbe Citation and Noti?cation of Penalty), unless you file a notice of contest. Interest charges will be waived if the full amount "owed is paid Within 30 calendar days of the ?nal order. Delinquent Cilia mes: A debt is considered delinquent if it has not been paid within one month (30 calendar days) of the penalty due date or if a satisfactory payment arrangement has not been made. Ifthe debt remains delinquent for more than 90 calendar days, a delinquent charge of six percent per annum will be assessed accruing from the date that the debt became delinquent. quired to assess additional charges for the Administrative Costs: Agencies of the Department ofLabor are re ed by the Agency in its recovery of delinquent debts. These additional charges are administrative costs incun attempt to collect an unpaid debt. Administrative costs will be assessed for demand I collect-the unpaid debt. otters sent in an attempt to Area Director Citation and Noti?cation ochnaIty Page 29 of 29 9:93) 03/01/2012 11203 FAX 218522717? US DICPL 8le OFFICE ?9 CELSOSHP. 001/001 it: - .. I . . 30:711., United StatesofAmericn -- "menm or. "ewe - OCCUPATIONAL SAFETY ANDHEALTH REVIEW COMMISSION 20 20th Street? Ninth Floor mum-1.. I - Washington. Dc 20036-3457 Mum; I .M o-r? SECRETARY OF LABOR, I NOS. 12-0161 Complainant, and 12-0162 CASE FARMS PROCESSING, INC. dba CASE FARMS CHICKEN, Respondent. NOTICE OF MANDATORY SETTLEMENT MEETING Pursuant to Commission Rules of Procedure 120 (Commission Rule 120) I. the parties have agreed to attend a settlement conference commencing at 9:00 on Thursday and Friday, July 26 and 27, 2012, in Cleveland, Ohio. The Speci?c site of the meeting will be the subject of a subsequent notice. During the February 24, 2012 conference call. both Counsel for the Secretary Michelle Respondent Terry Lardakis agreed these cases should be consolidated for settlement consideration at the mandatory settlement conference. In my experience, the opportunity fer a Successful Settlement conference is enhanced 29 C.F.R. 2200.120. 1 1 nits. apartment of Labor Of?ce of the Solicitor i-w i? 881 Federal Office Building Vi? - 1240 East Ninth Street Cieveland,0hio 44199 FEB 09 2012 Reply to the Attention of: . i LIJL- ?2 (216) 522-3879 (216) 522?7172(Fax) February 6, 2012 Ray H. Darling, Jr. Executive Secretary Occupational Safety and Health Review Commission One Lafayette Centre 1120 20th Street, N.W. Washington, DC. 200366419 Re: Secretary of Labor V. Case Farms Processing, Inc., dba Case Farms Chicken Inspection No. 77245; OSHRC Docket No. 12?0161 Dear Mr. Darling: The Secretary?s Motion for Extension of Time to File Complaint and a proposed Order are enclosed for the referenced case. Thank you for your attention to this matter. Sincerely, BENJAMIN T. CHINNI Associate Regional Solicitor By, ?91s 1,11%de ICHELLE M. MARY L. BRADLEY Trial Attorneys Enclosures cc: Terry E. Larkakis, Esq. ??borah Zubaty, AD SOLIMMDICB SOL NO. 32812 UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SECRETARY OF LAB OR, Complainant, OSHRC Docket No. 12-0161 Inspection No. 77245 CASE FARMS PROCESSING, INC., DBA CASE FARMS CHICKEN, REGION Respondent. MOTION FOR EXTENSION OF TIME TO FILE COMPLAINT Pursuant to 29 C.F.R. 2200.5 and 29 C.F.R. 2200.40, Complainant, the Secretary of Labor, hereby moves for a 45-day extension, from February 6, 2012 to March 22, 2012, of the complaint ?ling deadline set by 29 C.F.R. In support of this Motion, the undersigned attorneys for the Secretary state that additional time is necessary to review the investigation ?le, pursue settlement, and prepare a complaint conforming with the requirements of 29 C.F.R. 2200.34. The Respondent?s attorney has no objection to this motion. WHEREFORE, the Secretary respectfully requests an order granting this Motion. Dated: February 6, 2012 IfMICHELLE M. MARY L. BRADLEY M. PATRICA SMITH Trial Attorneys Solicitor of Labor US. Department of Labor 881 Federal Of?ce Building JOAN E. GESTRIN 1240 East Ninth Street Regional Solicitor Cleveland, Ohio 44199 (216) 522-3879; (216) 522-3 869 BENJAMIN T. CHINNI (216) 522-7172 (FAX) Associate Regional Solicitor CERTIFICATE OF SERVICE The undersigned hereby certi?es that a copy of the foregoing Secretary ?5 Motion for Extension of Time to File Complaint was served on February 6, 2012, by regular US. mail addressed to: Terry E. Lardakis, Esq. Fisher Phillips LLP 9150 South Hills Boulevard Suite 300 Cleveland, Ohio 44147 all; Midlle MI. DeBaltzo, Esq. UNITED STATES OF AMERICA OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION SECRETARY OF LABOR, Complainant, OSHRC Docket No. 12?0161 Inspection No. 77245 CASE FARMS PROCESSING, INC., DBA CASE FARMS CHICKEN, REGION Respondent. ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE COMPLAINT The Secretary of Labor?s motion for an extension of time within which to ?le a complaint is hereby granted. The complaint shall be ?led on or before March 22, 2012.1 COVETTE RODNEY Chief Judge, OSHRC Dated: Washington, DC. 1 The fact that settlement discussions or negotiations are ongoing does not relieve the parties of the obligation to ?le timely pleadings as otherwise required by the Rules of Procedure of the Occupational Safety and Health Review Commission, 29 CFR (2005). Wes Jones Sons, Inc., 13 BNA OSHC 1277 (No. 86-1095, 1987). CERTIFICATE OF SERVICE This is to certify that a copy of the Order Granting Secretary?s Motion for Extension of Time To ?le Complaint was mailed to the parties listed below by ?rst class mail on this day of 2012 to: Benjamin T. Chinni Associate Regional Solicitor US. Department. of Labor Of?ce of the Solicitor 8 81 Federal of?ce Building 1240 East Ninth Street Cleveland, Ohio 44199 Attn: Michelle M. DeBaltzo, Esq. Mary L. Bradley, Esq. 'and Terry E. Lardakis, Esq. Fisher Phillips LLP 9150 South Hills Boulevard Suite 300 Cleveland, Ohio 44147 Post Of?ce Address: Chief Judge Covette Rooney Occupational Safety and Health Review Commission One Lafayette Centre 1120 20th Street, N.W., Room 980 Washington, DC. 20036-3419 Phone: (202) 6066400 Page 1 of 1 Zubaty, Deb OSHA From: Debaltzo, Michelle SOL Sent: - Wednesday, February 01, 2012 6:01- PM To: Zubaty, Deb OSHA Cc: Bradley, Mary Subject: Case Farms (Safety Health) Deb: As you know, Mary Bradley and i will be working on the case Farms cases. We spoke with Terry Lardakis today. He plans to talk with you in the next 30 days about settlement. Please let us know whether you would like us to participate in any such discussion. Meanwhile, we will file motions for extension of the Complaint filing deadline. The new deadline for our Complaints will be March 22. Michelle M. DeBaltzo Trial Attorney US. Department of Labor - Of?ce of the Solicitor 1240 East Ninth Street, Rm 881 Cleveland, Ohio 44199 216- 522-3879 2166220172 dcbaltzo.michelle@dol.gov; This message may contain information that is privileged or otherwise exempt form disclosure under applicable law. Do not disclose without consulting the Of?ce of the Soiicitor. if you think you received this e?mail in error! please notify the sender immediately. - 2/2/2012 Page 1 of 1 Zubaty, Deb - OSHA From: I Burke, Rhonda OPA Sent: Thursday, December 29, 2011 11:39 AM To: - .Kaplan, Jennifer Botwin, Sharon Pegues, Jermaine - Patterson, Diana - OPA Lawder, Jesse - Darby, Kimberly M. - OSHA Cc: Allen, Scott - Gallegos, Carlos Zubaty, Deb OSHA Subject: Farms Processing Inc Attachments: Farms Processing nc.doc The attached OSHA enforcement reiease on Case Farms Processing has been issued in Ohio. Please post to the web. Mike and Mike, as the company is headquartered in NC, would you please issue to media in that area? Thanks. Rhonda Rhonda Burke US. Department of Labor Deputy Director for Public Affairs 230 South Dearborn-Street Chicago, 60604 Office: 312.353.6976 Cell: 312.909.6630 Fax: 312.353.6631 12/29/201 1 Connect with DOL at I I I 1 http://socialdolgovi 6 a US. Department of Labor For Immediate Release Dec. 29, 2011 Office of Public Affairs Contact: Scott Allen Rhonda Burke Chicago, 111. Phone: 312-353?6976 312?353?6976 ReleaseNumber: ll~l790-CHI . Email: allenscott?ldolgov burke.rhonda@dol.gov' US Department of Labor?s OSHA proposes $288,000 in ?nes to Case Farms Chicken for 61 violations at Winesburg, Ohio, processing facility WINESBURG, Ohio The US. Department of Labor?s Occupational Safety and Health Administration has cited Case Farms Processing Inc., which operates Case Farms Chicken in Winesburg, for 61 safety and health violations. Violations related to process safety management standards allegedly resulted in an ammonia release at the facility on June 30. Proposed fines total $288,000. ?Case Farms Chicken has a legal responsibility to follow established process safety management standards to ensure its workers are preperly protected from known workplace safety and health hazards,? said Deb Zubaty, area director in Columbus. ?Failing to ensure protection through appropriate equipment maintenance, training and adherence to OSHA regulations demonstrates a lack of regard for employees? well-being. OSHA is committed to protecting workers, especially when employers fail to do so.? safety and health inspections were initiated under the agency?s Site?Specific Targeting Program, which focuses enforcement efforts on work sites where the highest rate of injuries and illnesses occur. Of 26 serious health violations, 19 relate to process safety management standards designed to reduce workers? exposure to hazardous chemicals. Areas of deficiency include process safety information, process hazard analysis, operating procedures, employee training, mechanical integrity, management of change, incident investigation and response to compliance audits. standards contain specific requirements for the management of hazards associated with processes using dangerous Chemicals. Additional information is available online at The process safety management. citations along with those for failing to implement appropriate emergency operations are in reference to Case Farms? inadequate response to an ammonia leak, which coincidentally occurred on the morning OSHA, opened its routine inspection. No injuries or illnesses have yet been reported as a result of the ammonia leak, Of 30 serious safety violations, seven involve failing to provide machine guarding and 16 involve electrical safety standards including unsafe electrical practices that could have resulted in fire, electric shock or are flash. The remainder involve failing to provide personal protective equipment to guard workers from falls and electrical hazards, allowing workers to walk on working surfaces without proper protection, and failing to implement and train workers in the use of lockout/tagout procedures to control hazardous energy sources. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. ?more? US DEPARTMENT OF LABOR NEWS RELEASE PAGE 2 Five other?than-serious health and safety citations address an additional'lockout/tagout de?ciency, as Well as a failure to document process safety required tests and incident investigations, record reSpirator fit tests and provide refresher training to designated first aid providers. An other?than?serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. The citations can be viewed at 1 .pdf 227?1 Case Farms Processing, headquartered in Morganton, NC, employs about 475 workers at its Winesburg facility and approximately 2,450 corporatewide. The company also has facilities in Strasburg and Massilion, Ohio, as well as Dudley, Goldsboro, Mt. Olive, Shelby and Troutman, NC. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with area director or contest the findings before the independent Occupational Safety and Health Review Commission. - To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call toll?free hotline at 800-321? OSHA (6742) or the agency?s Columbus of?ce at 614?469-5582. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. role is to ensure these conditions for America?s working men and women by setting and enforcing'standards, and providing training, education and assistance. For more information, visit US. Department of Labor news materials are accessible at The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 20243937828 or TTY 202-693-7755. Page I of] . Zubaty, Deb - OSHA From: Nieves, Christine OSHA CTR Sent: Wednesday, December 28, 2011 12:33 PM To: Harps, Gina - Webadmin - OSHA Cc: Zubaty, Deb Burke, Rhonda - Darby, Kimberly M. - Fraser. EEaine - DeAngelis, Richard - Meilinger. Francis - Hicks, Earl - OSHA Page 1 ul' 1 Zubaty, Deb - OSHA 7C From: Harps, Gina OSHA Sent: Wednesday, December 28, 2011 12:24 PM To: Webadmin OSHA Cc: Zubaty. Deb - Burke. Rhonda - Darby: Kimberly M. - Fraser, Elaine - DeAngelis, Richard - Mcilinger, Francis Hicks: Earl OSHA 1 Zubaty, Deb - OSHA From: Greczek, John - OSHA Sent: Friday, January 20, 2012 1:47 PM To: Zubaty, Deb - OSHA 1/20/20 1 2 Zubaty, Deb - OSHA From: Greczek. John - OSHA 11"] 9/20 I 2 Page 1 ofl Zubaty, Deb - OSHA From: Yoksas, George - OSHA Sent: Thursday, January 19, 2012 7:44 AM To: Zubat Deb - OSHA 11?191?2012 Page 1 of 1 Zubaty, Deb - OSHA From: Greczek, John OSHA Sent: Thursday, January 19? 2012 8:21 AM To: Zubaty, Deb OSHA Cc: Yoksas, George - OSHA HI 9/20] 2 Page 1 of 1 Zubaty, Deb - OSHA From: Yoksas, George OSHA Sent: Thursday, January 19= 2012 9:24 AM To: Greczek, John - Zubaty, Deb - OSHA I 19/20] 2 Department Of Labor Occupational Salety and Health Administration Columbus Area Office - Region Federal Office Building - Room 620 200 North High Street Columbus, Ohio 43215-2497 Phone: (614) 469-5582 (614) 469-6791 January 20, 2012 MEMORANDUM FOR: Benjamin T. Chinni Associate Regional Solicitor FROM: Deborah J. Zubaty, Area Director Columbus Area Office SUBJECT: Case Farms Processing, Inc., 77245 A contest in the above-referenced matter was received on January 17, 2012, and forwarded to the Review Commission on January 20, 2012. Comments: U.S. Department Of Labor Occupational Safety and Health Administration Columbus Area Office - Region Federal Office Building - Room 620 200 North High Street Columbus, Ohio 43215-2497 Phone: (614) 469-5582 FAX: (614) 469-6791 January 20, 2012 Re: Case Farms Processing, Inc ..Emp oyers Name Pursuant to section 10, Occupational Safety and Health Act of 1970, the above-listed case is hereby certified to the Occupational Safety and Health Review Commission. The documents listed below which were issued or received on the dates listed are enclosed herewith. 1. On December 27, 2011, a Citation and Notice of Proposed Penalty was issued. Number of Citations 2 Total amount of Citation $143,000.00 2. On January 17, 2012, the AO received notice of contest from the Employer. 3. On January 20, 2012, the AO notified the Review Commission of receipt of contest provided in 29 CFR 2200.33. Appearance for the Secretary of Labor Benjamin T. Chinni Associate Regional Solicitor U.S Department of Labor Federal Office Building - Rm. 881 1240 East Ninth Street Cleveland, OH 44199 cc: SOL tetra. 20i2 il:22AM No.6624 .P.i Cleveland 85 PS Slsosouth Hills Eoulevard - Suite 300 - Cleveland. OH 44147 [440) 838-3800 Tel (440) 333-3305 Fax January '13, leea Dial: - 443-333-3300. Ext. 2112 Sender's Eumaii: tlardakis@iahorlawyers.com FACSIMILE COVER PAGE SENT to: Deborah J. Zubaty, Area Director COMPANY: us. Dept. of Labor? OSHA NO.: 614-469-6791 I PHONE SENT BY: Terry E. Lardakis RE: Case Farms Processing, Inc. Original will NOT follow by mail if this box TOTAL PAGES: 2 is checked (INCLUDING THIS COVER PAGE) SPECIAL SECRETARY: Susan Paradise 29090.0079 The information contained In this transmission is confidential. it is intended only for the use of the individual or entity named above. if the reader of this message is not the intended recipient. you are hereby notified that any dissemination. distribution or copy of this communication is strictly prohibited. If you have received this communication in error. please notify us immediately by telephone collect. and return the original message to us at the above address via US. Mail. We will reimburse you for postage. Thank you. Atlanta - Boston I - Chicago -CIavaland - Columbia - Dallas DenVer- Forl Lauderdalo - Houston - Irvine Kansas City - La: V3933 - Los Angeles - New England - New Jersey New Orleans - Orlando - Philadelphia - Phoenix Portland - San Diego 33? Timpi wa?hin?lorh Dc Jan.l3. 2012 ii:22AM No.6624 P. 2 FISHER 8 PHILLIPS up ATTORNEYS AT LAW Cleveland 9150 Soulh Hills Boulevard Suite 300 Cleveiand, OH 4414? aborlawyer5.com (440) 838-3600 Tel (440] 338-8805 Fax Writer's Direct Dial: January 13, 2012 . 440-633-6800. Ext. 2112 Writer?s E-mail: tlardakis@laborlawyers.com Ms. Deborah J. Zubety, Area Director US. Department of Labor - OSHA Federal Ot?ce Building Room 620 Columbus, OH 43215-2497 Re: Inspection Number: 77245 Inspection Date(s]: 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Inspection Number: 77252 Inapection Date(s): 06/30/2011 -- 06/30/2011 Issuance Date: 12/27/2011 Employer: Case Farms Processing, lnc., dba Case Farms Chicken . 1818 County Road 160, Winesburg. OH 44690 Dear Ms. Zubaty: I This letter will serve as a withdrawal of our prior Notice of Contest dated December 30, 2011. We are filing this withdrawal tor the sole purpose of conducting an informal conference on January 13. 2012. We reserve the right to refile a Notice of Contesl should agreement not be reached pursuant to the informal conference. On behalf of myself and our client. we appreciate the Area Director accommodating our schedules to facilitate the informal conference. Thank you for your attention in this regard. Very truly yours. 2 8 Terry E. Lardekls TELisp cc: Abel Acen Chuck McDaniel SteVe Nobil Atlanta - Charlotte - chlcago - Cleveland - Columbia - Dallna- Denver - Fort Laudardala - Houslnn - Irvine Kansas Olly Las Vegas Lea Annalee Louisville New England - N'aw Jersey New Orleans Orlando Phliadeiphle - Phoenix Portland - San Diego - San Francisco - Tampa Washington, DC Plant-It.an ?it-1?31 on '1 FISHER 8 PHILLIPS up .- ATTO RN YS AT LAW Em, Cleveland Jr - 9150 South Hills Boulevard Suite 300 - MN 0 4 2312 Cleveland, OH 44147 (440) 8888800 Tel (440) 838-8805 Fax Writer's Direct Dial: December 30, 201 1 I 440-838-8800, Ext. 2112 Writer's E-mail: tiardakis@iaboriawyers.com ease, aways, Ms. Deborah J. Zubaty Area Director U.S. Department of Labor Occupational Safety and Health Administration Federal Of?ce Building Room 620 Columbus, OH 43215-2497 Re: Inspection Number: 77245 . Inspection Date(s): 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Inspection Number: 77252 - Inspection Date(s): 06/30/2011 06/30/2011 - Issuance Date:- 12/27/2011 Employer: Case Farms Processing, Inc., dba Case Farms Chicken 1818 County Road 160, RC. Box 185 Winesburg, OH 44690 Dear Ms. Zubaty: Our Of?ce represents the above Employer in the above-referenced Citations and Notifications of Penalty issued December 27, 2011. The Employer hereby notices its contest of all citations, notification of penalties, proposed abatement dates, and any and all other matters relating to the inspection and citations. This notice of contest is being provided to preserve the Employer?s rights in View of the limitations period. The Employer would still weldome the opportunity to meet'the Area Office in an informal conference to discuss an appropriate resolution of the Citation and Penalty. Thank - you. TELzsp cc: Chuck McDaniel - Steve Nobil Atlanta- Charlotte - Chicago - Cleveland - Columbia - Dallas - Denver - Fort Lauderdaie - Houston - Irvine - Kansas City - Las Vegas - Los Angeles Loulsvilie - New England - New Jersey- New Orleans - Orlando - Philadelphia - Phoenix Portland - San Diego - San Francisco - Tampa - Washington, DC FISHER. 8 PHILLIPS LLP RN EYS AT LAW gage? a OOQ1369639DEC. 30. 2011 9150 South Boulevard Suite 300 Cleveland, OH 44147 Ms. Deborah J. Zubaty Area Director US. Department of Labor Occupational Safety and Health Administration Federal Of?ce Building Room 620 Coiumbus, OH 43215?2497 I - WorkCentre 7835 Transmissio? Report GS I 16144696791 . Page:1 (Lass: Page: Legal Name 4 Iogc OSHA Dccumen't has been sent. Documerzr SI 20 8. 5X1 0.3. magnum-.021qu amww 2mm sum? comimc mum: case Firms Erwin-3 rm: gun?mn?ggt?; 35946433 mmyoa or an in?umnl chm?o 3mm lie-1mm: (OSHA). mmewmb: 3th: gonad?; We be :11: follawhag: . To ?I'm Eh: biennial confcunm l: productiv: and infnunn?onhl to dwell,? Mn: quw you have takun to pm you: unpioyeea. Ifaddjzionu time is necded, be mum! to discus Ibemson: fora. manna: with: madnm?thahamdcanho mpladynbuet?. ill-.3 amican {mutu?scaa'm ?We Mon Wham-Q." Using this shpeg or an ?bmn?vcmhod, please document auditing this to You: Sign?! action will Manama! {its hqw-xinn In In aha?d. Shawlth have. queg?om rep-dingan or than: In amend. w- anna: dnn?muun :1 them Mfume. Hm cannot nah this plan Dimming m: Columbus Ana's mm 05? an alumni ?sq-Ahab km Total Pages Scann?d: 2 Totai Pages Saqr? i . No. 500. Humutu Rr?tlon Start ?ime Duration Pages Mbde Contun1s Status 3082 913303590482 55$ 2/ 9 CP Note. RE: Resend MB: Send To Maflbox RC: arcadcasr MP2 Mult? RV: Remote Survlou Du Ian Re:ay Broadcast HS: Haley Send RF: Box Fax =urward- CPV SA: Send A?aih Engaged Aufo Serd TM: Turm?narnd US. Department of Labor - Ocuupational Safety and Health Administration . Columbus Area Of?ce - Region Federal Of?ce Building - Room 620 200 North High Street Columbus, Ohio 43215?2497 Phone: (614)469-5582 FAX: (614) 469-6791 COMPANY NAME: Capeqfarms Pro c655 ins . ATTN: See at 16 FAX NUMBERY gwgow 36 a (.94 3 9. Recently you or a company representative scheduled an informal conference with the Occupational Safety and Health Administration (OSHA). The conference will be held at the above address. We con?rm your date and time to be the following: DATE: Saddam J1. cQOla timedlw To' ensure the informal conference is productive and informational be prepared to discuss What corrective measures you have taken to protect your employees. If additional time is needed, be prepared to' discuss the reasons for a date extension and what interim protective measures will be used. until the hazard can be completely abated The citation package included a ?Certi?cation. of Corrective Action Worksheet.? Using this sheet, or an alternative method, please document your abatement efforts and bring this to the conference. Your signed and dated letter of corrective action will allow the abatement portion of the inspection to be closed. - Should you have questions regarding the inspection or about OSHA procedures in general. we can provide clari?cation at the informal conference. Ifyou cannot make this appointment, please call. Directions to the Columbus Area OSHA Of?ce are attached. Attachment - Occupational Safety and Health Administration Jap.i7. N0. 6631 p} I Cleveland I 8C ~9150$outh Hills Boulevard 8 it 380 LLP $24215an 44141 (440) 838-8800 Tel (440) 838-8805 Fax January 13' 201.2 4 - Sender?s Direct Dial: 448-838-8880; Ext. 2112 Sender?s E-mail: {lard akis@laburlawyera.com COVER PAGE SENT TO: . Deborah-J. Zubaty, Area Director US. Dept. of Labor OSHA FAX N0.: 614469-6791 PHONE N0.: SENT BY: Terry E. Lardakis RE: Case Farms Processing. Inc. I I I Original will NOT follow by mail if this box TOTAL PAGES: 3 is checked [3 (INCLUDING THIS COVER PAGE) SPECIALINSTRUQTIONS: SECRETARY: - Susan Paradise CLIENTIMATTER: 2909011079 The information contained in this transmission is confidential. it is intended only for the use of the individual or entity named above; If the reader of this message is not the intended recipient. you are hereby notified that any dissemination. distribution or copy of this communication is strictly prohibited. If you have received this communication in error. please notify us immediately by telephone collect, and return the originat message to us at the above address via U.S. Mail. We will reimburse you for postage. Thank you. Atlanta --Boston - Charlotte - Cleveland - Columbia - Dalles - Fort Lauderdate Houston Irvine - Laa Vegas - Lon Annales Louisville - New Ei-iglancl - Now Jersey - New Orleans - Orlando Phlladsiphia - Phoenix - Portland -San Diego San Francisco Tampa DC Cleveland 3531911 Inn. 2012 I I No.6631 P. 2 FISHER 8 PHILLIPS up - I ATTORN EYS LAW Cleveland 9150 South Hiils BouloVard labo rlawyersmom I Suite 300 Cleveiand, OH ?14147 (440] 838-8800 Tet (440) 833-8305 Fax . Writer?s Direct Dial: January 17. 2012 . Writer?s E-mail: ilardakis@laborlawyerscom Ms. Deborah J. Zubaty, Area Director US. Department of Labor OSHA Federal Office Building Room 620 ColumbusI OH 43215-2497 Re: Inspection Number: 77245 Inspection Date(s): 0613012011 1012512011 Issuance Date: 1212712011 Inspection Number: 7-7252 . Inspection DateIS): 0613012011 - 0613012011 Issuance Date: - 1212712011 Employer: Case Farms Processing, Inc., dba - Case Farms Chicken 1818 County Road 160, PO. Box 185 Winosburg, OH 44690 Dear Ms. Zubaty; Thank you for taking the time to meet with myself and Joe VonderLieth from Case Farms regarding the above-referenced matter on Friday. I certainly appreciate your graciousness and the time that you and your team put forth in regard. As we discussed, this letter wit! serve a refilling of our notice of contest regarding the above-referenced citations and notifications of penalties Issued December 27, 2011. The Employer hereby notices this contest of all citations. notification of penalties, proposed abatement dates, and any and all other matters relating to the inspection and citations. - Although-the Empio?yer has to reissue its notice of contest to preserve its rights. it is the desire of Case Farms and myself to continue to meet with OSHA to work through an expeditious and amicable resolution of the above?referenced citations in the interim. Thank you for your attention in this regard, \iguly yam. TerryE Atlanta a Chartolte - Chicago - Cleveland Columaia- Dallas - Denver - Furl. Laudardata - Haualon - Irvine - Kansas City - [as Vargas Los Angeles Louisvillo England New Jersey New Orteans Orlando- Philadelphia Phoenlx Portland San Diego San Franoiacu - Tampa Washington. DC Cleveland 35330111 Jaxn?l 2012 Nol6631 P. 3 January 17, 2012 Page? 2 cc: Abel Acen Chuck McDaniel Joe VonderLieth Steve Nobil Cleveland 353303.1 Page 1 of 1 Zubaty, Deb - OSHA From: Garvey, Mary - SOL Sent: Tuesday. January 17, 2012 4:32 PM To: Zubaty, Deb OSHA Cc: Debaltzo, Michelle Bradl? Mar' - OLE-SOL 1/18/2012 Scheduled by: :30? W2 2 2 ScM?fjigDate: ?15%;13 Timer g0 Union:? INFORMAL CONFERENCE NARRATIVE COMPANYNAME: Qgi 'Eafm 3 PFDUZ 5.31/1 Inspection 5 A CSHO ID I I) 1? Date conference held: End of Contest Period: . . Date citation issued: 9 Fl I Date Citation Received: . I Representing Employer: g: W/l 264% I Representing Employees/Non Union: Representing Department of Labor: Items Discussed and Comments, Including Reasons for Reclassifying or Withdrawing Citation Items and Reducing Penalties: $14? W, Jan.i3. 20l2 ll:22AM a No.6624 .9 i I Sc I I Ella?gel??fig?ih Hills Boulevard 8 0 LLP demo, on 44147 vmwlaborlawyerecom . (440) 833-6800 Tel (440] 838-8305 Fax January 13 2012 Sender's Direct Dial: ?sea-r1300. Ext. 2112 Bender?s Email: tiardaltls@labortawers.com COVER PAGE SENT TO: Deborah J. Zubaty. Area Director COMPANY: U.S: Dept. of Labor OSHA I I NO.: 614-469-6791 I PHONE I SENT BY: Terry E. Lardakis RE: Case Farms Processing, Inc. Original will NOT follow by mail if this box TOTAL PAGES: 2 is checked THIS COVER PAGE) SPECIAL SECRETARY: Susan Paradise 29090.00?9 The information contained in this transmission is confidential. It is intended only for the use oftho individual or entity named above. If the reader ofthis message is not the-intended recipient. you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error. please notify us immediately by telephone collect. and return the original message to Us at the above address via US. Mail. We wilt reimburse you for postage. Thank you. Atlanta - Boston - Charlotte Chicago - Claysland - Columbia Dallas Denver - Fort Lauderdale - Haualon - lens - Kansas City - Las Vegas Log Angeles Louisville - New England - New Jersey New Oriaans - Orlando - Philadulphia - Phoenlx- Portland San Diego Sim TEMPE Wi?hll'laltmr DC J3n.i3. 2012 ii:22lilli No.6624 P. 2 FISHER 8 PHILLIPS up ATTORNEYS AT LAW Cleveland 9150 South Hills Boulevard laho rlawye rs.corn Suite 300 Cieveland, OH 44147 (443) 333-3300 Tet (440) 833-3305 Fax Writer's Direct Dial: January 13. 2012 . 440?338-8800, Ext. 2112 Writer?s E-mail: tiardalris@iaboriawyers.com Ms. Deborah J. Zubaty, Area Director US. Department of Labor OSHA Federal Office Building Room 620 Columbus, OH 43215?2497 Re: Inspection Number: 77245 - Inspection Date(s): 0613012011 1012512011 Issuance Date: 1212712011 Inspection Number: 77252 InSpection Date(s): 0613012011 0613012011 Issuance Date: 12/27/2011 Employer: Case Farms Processing, Inc.' dba Case Farms Chicken 1818 County Road 16thI PD. Box 185 WinesburgI OH 44690 Dear Ms. Zubaty: This letter writ serve as a withdrawal of our prior Notice of Contest dated December 30, 2011. We are filing this withdrawal for the sole purpose of conducting an informal conference on January 13. 2012. We reserVe the right to refile a Notice of Contest should agreement not be reached pursuant to the informal conference. On behalf of myself and our client. we appreciate the Area Director accommodating our schedules to facilitate the informal conference. Thank you for your attention in this regard. Very truly yours. Terry E. Lardakis cc: Abel Acen Chuck McDaniel Sleye Nobil Atlanta - Charlotte - Chicago - Cleveland - Columbia - Dalian - Denver- Fort Laudardala' Houston - Irvine itiansas Elly - L35 Vegas- L05 Augalea Louisville - New England - hi?nw Jersey I New Orleans - Orlando - Philadelphia - Moenlxr Portland - San Diego - San Francisco Tampa - Washington, BC Cleveland 3531901 FISHER 8 PHILLIPS up ATTO RN EYS AT LAW I 9150 South Hills Boulevard Suite 300 Cleveland, OH 44147 We; Cleve - [and ?811 041. 2812 (440) 838?8800 Tel (440) 838-8805 Fax Writer's Direct Dial: December 30, 2011 440-838-8800, Ext. 2112 Writer's E-mail: tlardakis@laboriawyers.com ?@881 sea? Weu?l?iila, eels Ms. Deborah J. Zubaty Area Director US. Department of Labor Occupational Safety and Health Administration Federal Office Building Room 620 Columbus, OH 43215-2497 Re: Inspection Number: 77245 Inspection Date(s): 06/30/2011 10/25/2011 Issuance Date: 12/27/2011 Inspection Number: 77252 Inspection Date(s): 06/30/2011 06/30/2011 - Issuance Date: 12/27/2011 Employer: Case Farms Processing, Inc., dba Case Farms Chicken 1818 County Road 160, P.0. Box 185 Winesburg, OH 44690 Dear Ms. Zubaty: Our Office represents the above Employer in the above?referenced Citations and Notifications of Penalty issued December 27, 2011 . The Employer hereby notices its contest of all citations, notification of penalties, proposed abatement dates, and any and all other matters relating to the inspection and citations. This notice of contest is being provided to preserve the Employer?s rights in view of the limitations period. The Employer would still welCome the opportunity to meet the Area Office in an informal conference to discuss an appropriate resolution of the Citation and Penalty. Thank - you. cc: Chuck McDaniel - Steve Nobil Atlanta - Charlotte - Chicago Cleveland - Columbia - Dallas --Denver - Fort Lauderclale - Houston - Irvine Kansas City Las Vegas - Los Angeles Louisville - New-England - New Jersey - New Orleans Orlando - Philadelphia - Phoenix Portland - San Diego - San Francisco - Tampa - Washington, DC Cleveland 3523581 US. :93? eowae FISHER 8 PHILLIPS LLP ATTO RN EYS AT LAW r? . 9150 South Hills Boulevard Suite 300 Cleveland, OH 44147 game? a so 2:311 Ms. Deborah J. Zubaty Area Director US. Department of Labor Occupational Safety and Health Administration i - Federal Of?ce Building Room 620 - Columbus, OH 43215?2497 I - WorkCentre 7335 Trahsmissiom Report Ev . Harvey: r. 1 92992) Inca. Name. OSHA a 1; 03: A Jevumc-Ll? ha 5 beam 55?? . Document Size 5 U3 - Cnih tuxAmf-flu JAng IdnlC?uu?ldhg-?hrgn?n Ca?m?m ?mummy rmewmsu: . I (1038 Farm" 9m?; mmjoe; Magnum FAXNUMBER: 3'50- 353 Rooaniy ycu oi ammpanyzepnsemliva am?cd informs] with the: Occupational Safety and Hum Ada-inhuman (OSHA). eminence wil.? be held in above We ccn?nn wur daleann lime. to tethc (allowing: . 1 m0 9. To unisex-o the: {Arman is ?cdka?vn and in?rnmicml pxepmd to dzscus WM mums you haw. (311:: to pxotcc? your If addi?n: a: ?rm: 2: make, be prepanrf to ?int-.133 the masons f9! 3 duo and what will bc and uni! 9m hazard can be compludy abated. :Euziau paukagu included a "Cmi?caion obemsu'v: Acton W?duhesr.? Using :th shpen or in itarm?va marked. please damn: you nbntemait 031:3: mt! bring 9115 ?3 the Your timed and Idler actinn wiil allcw of bechsod. Should wulmve queuing regarding ~11; impuuluu u. :11ng mincncure: In gmem?, we eluiflca?on ?you cannal make this appuismnm, plum: can. - the Columbus Am OSHA Of?ce are attached. QSHA ?mun-ulna?. Mll?m mum-ham, Tnt'a Pages Scar-wed: ?uL?e Fag-5:: Six-1'11. 2 . \Ju. Dar. ?13: :uv. S?art T?rm: Curatic? Pages Mde contents 31:3th 1 31:82 9? r55: 2? Cl" \?cfet . -. . Mamba.? chadcast MT): Hg. ?gmcte .ye ~I-e Ringv ni?oa?d?F-IST R31 BY 599d '55? Pa" For-War": ?onwl?f?m RA: Germ-J Anain CM: Ens?zaz'le? {Lute Sanc- IM: Occupational Safety and Health Administration Columbus Area O?lcc Region Federal Of?ce Building Room 620 North High Street Cofmzbus, Ohio 432l 5-2497 Phone: 4) 469-5532 F. (614)469-6791 US. Department of Labor Case Farms Process m3 ATTN: jog 2r new FAX nmeerd?gmgov 36 ?i (94 3 3 Recently you or a company representative scheduled an informal conference with the Occupational Safety and Health Administration (OSHA). The conference will be held at the above address. We con?rm your date and time to be the following: Q47 "Fm/IEng To ensure the informal conference is productive and informational be prepared to discuss What corrective measures you have taken to protect your employees. if additional time is needed, be prepared to discuss the reasons for a date extension and what interim protective measures will be used until the hazard can be completely abated. The citation package included a ?Certi?cation of Corrective Action Worksheet.? Using this sheet, or an alternative method, please document your abatement efferts and bring this to the conference. Your signed and dated letter of cerrective action will allotsr the abatement_p_ortio_n of the inspection to be closed. Should you have questions regarding the inspection or about OSHA procedures in general, we can provide clari?cation at the informal conference. If you cannot make this appointment, please call. Directions to the Columbus Area OSHA Of?ce are attached. Attachment - Occupn?mm! 0 Safety and Health Administration -mvrvA Rggorting 2 :2 0 Establishment Name d" .1761. Person Performing Sampling (Signature) Employee (Name, Address, Telephone Number) Job Titie PE (Type and effectiveness) SLM . a. Tune b. Data Cell No Time On/Off Readout ary mp1 tance Code 1 2 to 31 Number Pro-Survey IL Dosimcter SN: K'd?fni?ni??t?ration on Number 742 5' 'c npling CSHO ID requency cathcr Conditions Eff/{L Occupation Code SLM SN Location of Test Remarks 9/42(.CJQII 80dB 90dB Readout SN Total Time Equivalent 'tation Information A ?ll Severity Eng Post-Survey 6/97) Dosimeter Calibration (Mfg. SN) . Batteiy Chock Location B. P. Batteiy Check Location Calibrator SN Calibrator SN Readout Cell No(s) Readout Readout Cell No(s) Readout SN a. SN b. Voltage Chock b. Voltage Check Yes No Yes Cl No Initials Date/"Time: Initials Date/Time: Sound Level Meter Calibration (Mfg. SNl/Lji/eff' Calibrator SN Location B. P. Calibrator SN Location B. P. QIJoazoaa? 40, . 079% Results H7 4 [3 Results 6&5 I #3 . WWMO Haze . Initials Date/Time: 7 [yo/1} A, Initials Datcf?l?ime: 7? 7v? Job Dose I eration, Work L0cation(s), Ventilation and Controls v. .. nun-mu?no. "nun-?an Ann-chm .. .- .AIAIr-a'aacoN .-. . .. an. . . rv-ovlf' . nun-v. . ?mumm?hunh?.? .. . .. . .- - - - -- -. .. .no6/97) Page 1 of 1 From: John Mahoney [jmahoney@casefarms.com] Sent: Thursday, October 27. 2011 9:11 AM Attachments: Safety Systems 1 0/27/201 1 Case Farms Processing, Inc., dba Case Farms Chicken Inspection #77245 LISTOF COMPANY DOCUMENTS 2006 2011 OSHA Logs List of Managers Organization Chart Process Layout - Altair Pro Single Gas Detector Operating Manual Training Documentation: Bloodborne/Respirator/Fit Testing/Clearance/HAZWOPER for Acids Bases Environmental Health Safety Policy Table of Contents Air Radiation Reports Ammonia Release Report (6/30/11) Bloodborne Pathogens Program Emergency Action Plan Emergency Response Plan List of Employees Required to Respond Safety Training for New Hires Hazard Communication Plan Hearing Conservation Pro gram Noise Monitoring Report Ammonia Inventory Respiratory Program Respirator Training Records Ammonia Leak, Explosion at Pilgrim?s Pride Plant Memo from RfFisher Architects, LLC SOP Upstairs Downstairs Cooler Air Units Compliance Audit 2009 . Compliance Audit 2006 MSDS for Ammonia - Arnrnonia Delivery History Report Email from Colonial Webb re: Small Bore Piping List of Jobs performed by Colonial Webb Contractors Email Attachments from Colonial Webb re: Materials of Construction/ Safety Systems Oil Draining? Procedures . - Inspection of Safety Switches 2009 2010 I Mechanical Integrity Report July 201 1 Mechanical Integrity Report July 2006 Email Attachments from Hansen Technologies re: Flange Bolt Torque Values Hansen Technologies Parker Valve Bulletins/Manuals Incident Investigations MOC Register MOC for New 300 Ton Red Water Chiller PSSR for New 300 Ton Red Water Chiller - Valve Inspections - Engine Room Daily Log Sheet Preventive Maintenance Records Case Farms Processing, Inc., dba Case Farms-Chicken Inspection #77245 LIST OF COMPANY DOCUMENTS Log Sheets for Ammonia Leak Detectors Cool Air Ammonia Leak Detectors Manual Hot Work Permits PSM Program Index Mechanical Integrity Program Management of Change Procedures Incident Investigation Procedures Compliance Audit Procedures Operator Mechanic Training Program PSM Covered Equipment List Ammonia Inventory (Original Corrected) PSM Executive Summary Block Flow Diagram (Original Corrected) . Unit Plot Diagram . Electrical Classi?cation Diagram Overall System Operation Safety Systems Refrigeration Involved Workers 2000 PHA 2005 PHA .2010 PHA . EPA Risk Management Plan Information Safe Operating Limits Doc ID 200436401360 DATE: DOCUMENT ID EXPED PENALTY CERT COPY 132912004 200430401300 MERGERMCENSINGFOREIGN 125.00 100.00 .00 .00 .00 CDRPIFOR PROFIT Receipt This is not a bill. Please do not remit payment JOSEPH CARNEY ASSOCIATES. L.L.C. 2001 CROCKER ROAD 440 GEMINI TOWER WESTLAKE, OH 44145 STATE OF OHIO I I A Ohio Secretary of State, J. Kenneth Blackwell 1508949 It is hereby certi?ed that the Secretary of State of Ohio has custody of the business records for CASE FARMS PROCESSING, INC and, that said business records show the ?ling and recording of: Document(s) Document No(s): FOREIGN FOR PROFIT 200436401360 Authorization to transact business in Ohio is hereby given, until surrender, expiration or cancellation of this license. the Secretary of State at Columbus, Ohio this 31st day of December, Ohio Secretary of State Witness my hand and the seal of i 3 United States of America State of Ohio Of?ce of the Secretary of State Page 1 Doc ID 200436401360 ATE: DOCUMENT ID DESCRIPTION EXPED PENALTY CERT 1212902004 200436401360 MERGED OUT OF EXISTENCE (MEX) FILING - .00 .00 ?00 .00 Receipt This is not a hill. Please do not remit payment. JOSEPH CARNEY 2001 CROCKER ROAD 440 GEMINI TOWER Ii WESTLAKE, OH 44145 COPY .00 OF OHIO CERTIFICATE Ohio Secretary of State, J. Kenneth Blackwell 31971? It is hereby certi?ed that the Secretary of State of Ohio has custody of the business records for CASE FARMS OF OHIO, INC. and, that said business records show the ?ling and recording of: Document No(s): 200436401360 i Doournent(s) MERGED OUT OF EXISTENCE Witness my hand and the seal of the Secretary of State at Columbus, Ohio this 3lst day of December, - Ohio Secretary of State United States of America State of Ohio Of?ce of the Secretary of State Page 2 Doc to 200486401360 ween-m by J. Kenneth Blackwell (Ms p0 Box 130 Ohio Secretary of State Columbus. OH 43216 Central Ohio: (614) 466593 0 quulrus an tea at $100 Toll Free: 1-877-SOS-FILE (1-8??-?67?3453) 0 PO Box 1329 Columbus, OH 43216 . oh.uareos e?mail: bussenr@sos.etate.oh.ue CERTIFICATE OF MERGER (For Domestic or Foreign. Profit or Non~Pro?t) Filing Fee $125.00 (154-MER) in accordance with the requirements of Ohio law. the undersigned corporations. banks. savings banks, savings at?q loan, limited Iiabiilty Companies, limited partnerships andtor partnerships with limited ilability, desiring to effect a mergerigJ set forth the following facts: 'lii?l I i. ENTITY A. The name of the entity surviving the merger is: 89 =6 14'? Case Farms of North Carolina, inc. 8. Name Change: As a result of this merger. the name of the surviving entity has been changed to the foiiowin: Case Farms Processing. Inc. . {Compiete only if name of surviving entity is changing through the merger} C. The surviving entity is a: {Please check the appropriate box and ?ll in the appropriate blanks) UDomestio (Ohio) For-Pro?t Corporation, charter number CI Domestic (Ohio) Non?Pro?tCorporetion, charter number Foreign {Non-Ohio) Corporation incorporated under the lane of the stateicountry of and iioensed to transact business in the State of Ohio under license number Foreign {Non-Ohio) Corporation incorporated under the laws of the statetoouniry of North Carolina and NOT licensed to transact business in the state of Ohio, Ci Domestic (Ohio) Limited Liability Company, with registration number Foreign {Non?hio} Limited Liability Company organized under the tows or the stetsrcountry of and registered to do business in the State of Ohio under registration number Foreign (Non?Ohio) Limited Liability Company organized under the laws of the of and NOT registered to do business in the State of Ohio. i Domestic (Ohio) Limited Partnership, with registration number Foreign (Non-Ohio) Limited Partnership organized under the laws of the statercountry of and registered to do business In the state of Ohio under registration number 551 Page i of 7 Last Revision: May 2002 Page 3 D-oc lD 200436401360 Foreign (Non-Ohio] Limited Partnership organized under the laws of the stateicountry of and NOT registered to do business In the state of Ohio. [3 Domestic {Ohio} Partnership having limited liability. with the registration number Foreign {Nothlo} Partnership having limited Ila billty organized under the laws of the stateroountry of and registered to do business in the state of Ohio under registration number [3 Foreign (Non-Ohio) Partnership having limited liability organized under the laws of the stateicountry at and NOT registered to do business in the state of tho. Foreign (Non-Ohio) NonvProt?it incorporation under the laws of the stateicountry of and licensed to transact business in the state of Ohio under iicense number Foreign (Non-Ohio) Non-Pro?t incorporation tinder the laws of the stateicountry of and not licensed to transact business in the state of Ohio. General partnership not registered with the state of Ohio ll. MERGING ENTITY The name. number. type of entity. of incorporation or organization. respectively. 0! which is the entities merging out of existence are as follows: ("this is Insuf?cient space to re?ect all merging entitlest please attach a separate sheet listing the merging entities} Name i charter. license or registration number I StateiCountry of Organization Type of Entity Case Farms of Ohio. Inc. #319?? Ohio . Carporation . MERGER AGREEMENT ON FILE The name and mailing address of the person or entity from eligible persons may obtain a copy of the agreement of merger upon Written request: Joseph D. Carney 2001 Crocker Road. Suite 440 (name) I {street} NOTE: FLO. Box Addresses are NOT acceptabie. Westlake Ohio 44145 (city, village or township} (state) (zip mete) IV. EFFECTIVE DATE 0F MERGER This merger is to be effective on: December 31. 2004 (its date is specified. the date must be a date on or after the date of ?iing; the effective date of the merger cannoth eariierthan the date of ?ling. if no date is speci?ed. the date of filing will be the effective date of the merger). V. MERGER AUTHORIZED The laws of the state or country under which each constituent entity exists, permits this merger. This merger was adopted. approved and authorized by each ofthe constituent entities in oompiianoe with the laws oi the state under which it is organized. and the persons signing this certi?cate on behalf of each of the constituent entities are duly authorized to do so. - Page 2 of 7 Last Revision: May 2002 Page 4 Doc iD 200436401360 Vi. STATUTORY AGENT The name and address of the surviving entity?s statutory agent upon whom any process. notice or demand may be served is: Joseph D. Carney 2001 Cracker Road. Suite 440 {name} (street) NOTE: PD. Box Addresses are NOTacceptabis. Westlake . Ohio 44145 (city. village or township) . (zip code) i This item MUST be oompieted if the surviving entity is a foreign entity which is noi iicensed. registered or othenvise authorized to conduct business in the state of Ohio} Vii. ACCEPTANCE OF AGENT - The undersigned. named herein as the statutory agent for the above referenced surviving entity. hereby acknowledges and accepts the appointment of statutory agent for said Signature of Agent The acceptance of agent must be completed by the surviving entities it through thi merger the statutory a changed, or the named agent differs in any way from the name currentiy oir'rsco with the Secretary of State. Vlli. STATEMENT OF MERGER Upon ?ling. or upon such later daie as speci?ed herein. the mergl listed surviving entity tltyientities listed herein shall merge into the IX. AMENDMENTS The articies of incorporation, articles of organization, certi?cate of limited partnership or registration of partnership having limited liability (circle appropriate term] of the surviving domestic entity have been amended. Attachments are provid ed No Changes X. OR LICENSURE OF SURVIVING ENTITY A. The iisted surviving foreign corporation. bank. savings bank. savings and loan. limited liability company. limited partnership. or partnership having limited liability desires to transact business in Ohio as a foreign corporation. bank. savings bank. savings and loan. limited company. limited partnership. or partnership having limited liability. and hereby appoints the following as its statutory agent upon whom process. notice or demand against the entity may be served in the state of Ohio. The name and complete address of the statutory agent is: Joseph D. Carney 2001 Crocker Road. Suite 440 (name) (street) NOTE: Po. Box Addresses are NOT encephalitis. Westlake . Ohio 44145 (city. village or township) {zip code) The subiectsurvivlng foreign corporation. bank. savings bank. savings and loan, limited liability company. iimited partnership. or partnership having limited liability irrevocably consents to service of process on the statutory agent listed above as iong as the authority of the agent continues. and to service of process upon the Secretary of State of Ohio if the agent cannot be found. if the corporation. bani-c. savings bank. savings and loan. limited liability company. limited partnership. or partnership having limited iiability fails to designate another agent when required to do so. or if the foreign corporation's. bank?s. savings bank's. savings and loan?s. limited iisbility wmpaan, limited partnership's or partnership having limited iiebillty's license or registration to do business on Ohio expires or is canceied. 551 I Page 3 of 7 Last Revision: May 2002 Page 5 Doc ID 200436401360 B. The quaiifying entity also states as follows: (Complete only ifapplicable) 1. Foreign Notice Under Section 1703.031 (lithe qualifying entityie a foreign bank. savings bank. or savings and loan, then the following information must be completed.) The name of the Foreign NationallyiFederelly oha rtered bank, savings bank. or savings and loan association Is to.) The neme(s) of anyTrade Name[s) under which the cerporetion will conduct business: (0.) The location of the main of?ce (non-Ohio) shall be: (street address) NOTE: FLO. Box Addresses are acceptabre. (city. township. or village) (county) {state} [zip code} id.) The principal of?ce tocation in the state of Ohio shall be: [street address] NOTE: Box Addresses are NOT acceptable. own (city, or village) (county) (state) (zip code] (Please note, if there wiil not be an of?ce In the state of Ohio. please list none.) [on The corporation will exercise the following purpose(s) in the state of Ohio: (Please provide a brief summary of the business to be conducted: a general clause is not suf?cient) 2. Foreign Qualifying Limited Liability Company {If the qualifying entity Is a foreign limited iiabitity company. the foilowing information must be oompieted.) to.) The name of the liability company in its state of is re.) The name under which the limited company desires to transact business in Ohio is The limited iiebilityoornpany was organized or registered on under the laws of the stateicountry of 551 Page 4 of 7 Last Revision: May 2002 Page 6 Doc iD' 200436401360 The address to which interested persons may direct requests for copies of the articles oforganizatiom operating agreement, bylaws. or other charter documents ofthe company is: (street address) . - NOTE: R0. Box Addresses are NOT acceptable. (city, township, or (state) {zip code) 3. Foreign Qualifying Limited Partnership (if the qualifying entity is a foreign limited partnership. the following infon'netion must be completed). ta.) The name of the limited partnership is to.) The limited partnership Was formed on The address of the of?ce of the timtted partnership in its statelcountry of organization is: (street address} NOTE: RO. Box?ddrossas are NOT acceptable {olty. township, or village) (county) (state) (zip odds) (CL) The limited partnership's principal of?ce address ls: {street address} NOTE: 20. Box Addresses one NOT acceptaoie. {oliy. township, or village} (county) (state) (zip code) The names and business or residence addresses of the General partners of the partnership are as follows: Name Address {If insuf?cient space to sever [his itemI please attach a separate sheet listing the general partners and their respective addresses] The address of the of?ce where a list of the names and business or residence addresses of the limited partners and their respective ospitai contributions is to be maintained is: its?treat address) NOTE: RD. Box Addresses are Noracnoptable. (city. township, or vitlage) (county) (state) {zip code) 551 Page 5 of 2' Last Revision: May 2002 Page 7 Doc ID 2004363401360 The limited partnership hereby certi?es that it shail maintain setd records until the registration of the limited partnership in Ohio is canceled or withdrawn. 4. Foreign Qualifying Partnership Having Limited Liability The name ofihe partnership shall be to.) Please complete the following appropriate {either item b(l} or (1.) The address of the partnership's principal of?ce in Ohio is: [street address] NOTE: P.0. Box Addresses are NOT acceptable. Ohio (c;in1 village or (zip code) {if the partnership does not have a principal office in Ohio, than items b2 must be completed) (2.) The address of the partnership?s principal office [Non-Ohio): {street address) NOTE: 9.0. Box Addresses are NOTacoeptaoie. (city. township. or village} (state) {zip code) The name and address ofa statutory agent for service of process in Ohio is as follows: teams} (street address) NOTE: PO. Box Addresses are NOTaooeptabte. Ohio (city. village or township} (zip code} Please indicate the state in which the Foreign Limited Liability Partnership has been formed The business which the partnership engages in is: 551 Page 6 of 7 Last Revision: May 2002 Page 8 Doch 200436401360 The undersigned constituent entiti?s have caused this certificate of merger to ba slgnad by its duly authorized officers, partners and representatives on the datets) stated below. Case Farms of North Caronna. Inc. (Exact name of entity) By: Its: Secretary Date: 1; {gaggug Case Farms of Ohio. lnc. (Exact name of Bnlity) By: Its: Secretary Date: ?w (Exact name of entity} By: Its: Data: (Exact name ol?entity) By: its: Date: (Exact mum of entity) (Exact name of entity} By: By: Its: Its: Data: Data: (Exact name of entity) (Exact name of entity) By: By: its: Its: Date: Date: (Exad name of entity) [Exact name of entity} By: By: Its: Its: Date: Date: Page 7 0f 7 Page 9 Last Ravislon: May 2002 Case Farms Chicken AboutUs History Quaiity Commitment Facilities - Goidsboro, NC Morganton, winesburg, OH ['routman, NC Need Ettore information? you l'nvr?I - ?it-Ssii. 1. Cfa' Fill?l-?I? (?in a? pr or] 1".1 ea or sea vices, Contact Us Page 1 of 1 130'.) ry Case Farms was founded by Thomas R. Sheiton in December 1986. After gaining over 23 years of management experience in the poultry industry, Mr. Shelton realized a goal of owning a Company by purchasing a smaii family?owned pouitry operation in Ohio. The Company was caiied Case Egg Pouitry and included a processing plant in Winesburg, Ohio, a hatchery in Strasburg, Ohio and a food distribution in Akron, Ohio. In its first year of operation, Case Farms processed 135,000 chickens per week, had 140 team members, and produced 22 million pounds of poultry products. Since 19.87, the facilities have been upgraded and expanded and today process 425,000 chickens per week, have 600 team members, and produce in excess of 150 million pounds of production per year. In May 1988, Case Farms purchased the Morganton, North Carolina poultry operations formerly known as Breeden Poultry Egg. The facilities includeda processing plant, hatchery, and a feed miil. In 1988, the Morganton operation processed 475,000 chickens per week, had 450 empioyees, and produced 75 miliion pounds of pouitry products. Since 1988, the facilities have been upgraded and expanded and today process 600,000 chickens per week, have 825 team members, and produce in excess of 220 million pounds of production per year. in August 1998, Case Farms purchased the Goldsboro, North Caroiina poultry operation from WLR Foods. The facilities inciuded a processing plant, hatchery, feed ?mili and a grain storage In 1998, the Goidsboro operation processed 650,000 chickens per week, had 750 team members, and produced 168 million pounds of poultry products. Since 1998, the facilities have been upgraded and expanded and today process 800,000 chickens per week, have 1025 team members, and produce in excess of 245 miilion pounds of production per year. At the same time of the Ohio acquisition, Case Farms began a genbtics program. As the program expanded, it was moved to Troutrnan, North Carolina in 1993 when Case Farms leased the former breeding facilities of Piich, Inc. In 1995, the facilities were purchased and inciuded an office building, hatchery and two breeding farms. A breeder and broiler research farm was tater added. When the acquisition was completed, the Company's financial department relocated. to the Office building in Troutman. In 2005 Case Farms added a 40,000 square foot par?fry addition next to the Goidsboro processing plant to meet its customers? demands for partially cooked pouitry products. In 2006, Case completed construction on two new feed miils to provide feed for the Morganton and Goidsboro divisions. in 2009, Case completed construction on a new feed miil to provide feed for the Ohio division. Today, Case Farms processes 1.8 birds per week, has over 2500 dedicated team members, and predeces in excess of 600 pounds of fresh, partiain cooked, and frozen-for-export poultry products per year. Home Abeutiis'i Products i EouitryfAQS Careers I sense Events 1 gen?sti-ts 10/24/2011 Case Farms Chicken Page 1 of 1 About Us History Quality Commitment GMsboro NC Mganton, NIC Troutman, NC. Need a 31.11.11}tmatitm? 3i ?ne . album .. Ilia-w l-"ui' I an at: vices, Contact Us Facilities Getdsizetemmdl.?atuliraa The Goldsboro Division was purchased in 1998. The facilities include a 73,500 square foot poultry processing plant, a 40,000 square foot par~fry operation iocated on 233 acres, a 53,000 square Foot poultry hatchery located on 26 acres, and a feed mill grain storage facility located on 47 acres. 0 re an to a, With. Care Elna The Morganton Division was purchased in 1988. The include a 70,300 square foot pouitry processing plant located on 11 acres; a 29,600 square foot poultry hatchery located on 49 acres, and feed mill grain storage facility located on approximateiy 36 acres. Wiriewure. Ohio The Ohio Division was purchased in l986?The facilities include a 65,800 square foot poultry processing plant and an 8,300 square foot office situated on 95 acres of - land, a 21,700 square foot poultry hatchery, a 5,000 square foot warehouse on 3 acres, and a feed mill grain storage facility located on 18 acres. Troutman, North Carpjioa . The Troutman location was purchased in 1995. The Troutmah location includes the Company?s Financial Administration and Genetics operation. The facilities include a -13,200 square foot administrative office building and a 29,000 square foot hatchery located on 16 acres in Troutman, NC, a 59 acre primary breeding farm located in Cool Springs, NC, a 49 acre breeding farm Cleveland, NC, and a 13 acre research farm iocated in Olin, NC. ?ame About us Headers _P_q.u.l_.tm_.FAQa 1 Games NEW-5.8.1. Enema SenatactUs 10/24/2011 Case Farms Chicken Page 1 of 2 [lenient Us if?amee meal}? swimmers Download PUP Document Corporate Sales Coma Human Resources Gnidsbom Oh E0 Cosimo-i Efo'rrners . ?at {Mrs 1W1 Efl' Processing Plants Goldsboro Processing 330 Pecan Road Dudley, NC 28333 phone: 919?735-5010 fax1919-735-1OSS Directions: Map Further Processing Plants Goidsboro Par Fry Processing 330 Pecan Road Dudley: NC 28333 phone1919-73S?5010 fax: 919-735?1055 Directions: Map Hatcheries Goidsboro Hatchery 259 Drive Goidsboro: NC 27530 phone: 919?736-4498 fax: 91942362939 Directions: Map Feed Mill Calypso Feed Mitl First Name Street Address City ZIP Comments Morganton Processing 121 Rand St Morganton, NC 28655 phone: 828-438-6900 fax: 828?438?823? Directions: Map Morganton Hatchery 1'119 Foreman Rd Morganton, NC 28655 phone: 828684-0665 fax: 828?584-0676 Directions: Map Shelby Feed Mil! contact/ overviewcfm required Last Name_* Street Address Line 2 State Emai: Ohio Processing 1818 County Rd 160 Winesburg, OH 44690 phone: 330-359~7141 fax: 330-359~6482 Directions: Map Ohio Hatchery 1225 Hansel Ave NW Strasburg, OH 44680 phone: 330-878-7118 fax: 330-878-6610 Directions: Map Massillon Food Mill 10/24/2011 Case Farms Chicken Page 2 of 2 188 Broadhurst Road 1524 Airport Road 4001 MiEienium ESin SE Mt. Olive, NC 28365 . Shelbyr NC 28151 Massilion, OH 44646 phone: phone: 919-487?6099 330-832~0030, telephone fax: 9196803409 fax: 919~482-9025 fax Directions: Map Directions: Map Directions: Map Administration Financiai Administration Corporate Sales 385 Pilch Rd 121 Rand St, PO Box 308 Troutman, NC 28165 . Morganton, NC 28655 phone: 704-528?4501 phone: 800?437-6916 fax; 704-528?4277 fax: 828?437-8566 Directions: Map ?gme. shout 13.5. 1 Pro Hats. i Caressa ?ows. gentact 11.5.. 10/24/201 1 Page 1 of 2 From: Sent: Wednesday: October 19, 2011 9:05 AM Subject: FW: OSHA info request FYI. doe VonderLezth is the new safety director. From: Joseph Vonderlieth ober18, 2011 4:54 PM 081 1A Se To: Subject: RE: OSHA info request Do you know what time-Nould iike to have his closing conference on October 25. 2011 ?2 Thanks. Joe von der Lieth From? Sent: Tuesday, October 18, 2011 4:28 PM To: Joseph VonderLieth Subject: FW: OSHA info request I had requested the following employee?s 301(injuw Report) and do not have them with the original information given to me. Please fax or email me the 301?s for the following employees; For2009: - i would like to request the attendance record for_ for Oct 1, 2010 to June 1: 2011. Please call me if you have any questions on the information requeste . 10/2490] 1 Page 1 of 1 . .. .u From: John Mahoney [jmahoney@casefarms.com] Sent: Tuesda . Se tember 27, 2011 4:35 AM Attachments: Compressor Cutout Testing SOP Good morning Anthoney Compresspr #6 #7 on my prints are low side only. The Vilter #8 is high side only. John Mahoney This message has been scanned for malwarc by 1 Page 1 01' 1 OSHA .-.. Sent: Thursday, September 22, 2011 11:04 AM To: 'John Mahoney' Subject: PSM Question 1. Do you have a written procedure for testing compressor safety cutout switches? if so I need a copy. 2. On your is compressor C43 supposed to be the new C-8 Vilter VSS-901 screw compressor? Thanks, 9/22/20] 1 Message Page 1 of 1 From: John Mahoney [jmahoney@casefarms.com] Sent: Friday, September 16. 2011 9:58 AM To: OSHA Subject: Emailing: From: dave [dartdave@frontier.com] Sent: Friday, September 16, 2011 9:21 AM To: John Mahoney after identifying leaking unit..went to the roof liquid suction and hot gas valve were closed. Used guage port to empty unit. thanks dave rice Click here to report this email as spam. This message has been scanned for malware by Websense. 9/22/2011 - OSHA From: Doru Jacobs [djacobs@casefarms.oom] Sent Thursday. September 15, 2011 9:14 AM To: OSHA Cc: Abel Acen Subject: FW: Red Water Building Attachments: Jacob91411email.doc From: Dick Fisher - R. Fisher Architects, LLC Sent: Thursday, September 15, 2011 8:56 AM To: Doru Jacobs Subject: FW: Red Water Building From: Dick Fisher R. Fisher Architects, LLC Sent: Wednesday, September 14, 2011 4:07 PM To: 'djacob@casefarms.com? Subject: Red Water Building Richard Fisher, R.A. R. Fisher Architects, LLC 211 E. Front Street Dover, OH 44622 (330) 364-2084 (330) 343-5343 Click here to report this email as spam. This message has been scanned for malware by Websense. 9/22/201 1 Page 1 ofl THIS IS A CONFIDENTIAL STATEMENT Interview Statement Ex 7c and 7d - Employee Statement THIS IS A CONFIDENTIAL STATEMENT Interview Statement Ex 7c and 7d Employee Statement THIS IS A CONFIDENTIAL STATEMENT Int Employee Statement THIS IS A CONFIDENTIAL STATEMENT Ex 7c and 7d - Employee Statement Page 1 of] From: Elizabeth Gallardo [lizigallardo@yahoo.com] Sent Frida Se tember 30, 2011 9:07 PM Subject: Re: Columbus OSHA Question 'l?hank you [?or asking how am I doing. 1 am doing well. A lot to learn from a big corporation, the bureaucracy is incredible but I will be okay. Regarding your question, 1 took the trainer on HOZWOPBR train the trainer. i hope you and your lovedones continue to do well. Take care. 1 ,i7. From To: Liz ga ar 0 ya oo.com Sent: Thursday, September 29, 2011 12:21 PM Subject: Columbus OSHA Question Hi Elizabeth. Hope your new job is going well for you. I am still working with the Case Farms inspection. When you worked at Case Farms, you mentioned receiving HAZWOPER train- the?trainer class. What HAZWOPER training did you receive and the training dates (eg. 40 hr./24 hr. first responders operations level, haz. mat. technician, incident commander: train-the-trainer). Thanks for any help that you can provide. NOTICE: This c-mail message and any attachments to it may contain con?dential information. The information contained in this transmission is intended solely for the use of the individual(s) or entities to which the c-mail is addressed. If you are not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby noti?ed that you are prohibited from reviewing, retransmitting, converting to hard copy, copying, disseminating, or otherwise using in any manner this e-mail or any attaclunents to it. If you have received this message in error, please notify the sender by replying to this message and delete it from your computer. 10/7/2201 1 Elizabeth M. Gallardo, Safety Manager Personal email: lizl gallardo@yahoo.com Tel. Cell No: 831-206-6045 Industrial Hygienist US. Dept. of Labor 200 N. High Street, Rm. 620 Columbus, Ohio 43215 July 12, 2011 RE: Sequence of Events 6/3 0/2011 On June 29, Abel Acen, Ohio Div. Human Resources Manager asked me if I could come to work on June 30, 201 at 5:30 AM to assist them with human relation activities not related to safety; consequently, I arrived at the plant at 5:15 At approximately 6:30 AM, I was informed by Ron I-Iightower, Production Manager, that we had a report of Wasted in the cooler area. I immediately proceeded to notify the ?rst responders. ke wi old me that they had been working on controlling the leak since about 6:00 AM. said it is a small leak. The sensor was not picking up any ammonia in production ?oor. I got a hold 0- and asked-to provide me with the ammonia sensor. I walked to the live hang area, the pick room, the evisceration area, second processing areas including the cone lines without registering levels of ammonia. I went inside the cooler room with the sensor on my hands, as I walked int cooler, I could sense mell of ammonia and my eyes began to burn. At that point, I asked 0 ge espirator in order f0 0 continue the search for the ammonia leak. First processing employees were allowed to work; however, at about 6:40 AM USDA employees refused to work knowing that we had an ammonia leak in the cooler room. They complained that the ammonia smell was too strong and could not continue working; therefore, they walked off the job and ?rst processing operations stopped at about 7:15 AM. At about 7:30, second processing employees began to arrive and were informed to stay out of production due to the small ammonia leak in the cooler. No employee was allowed in production ?oor at this time. At approximately 8:40 AM the local ?re department showed indicating that they received an anonymous call indicating that Case Farms had an ammonia leak. 1 took the ?re department to the cooler. They said that they did not feel that the life of the employees was at risk, that the ammonia leak was not a high hazard concern; however, they wanted to verify that we had called the refrigeration technician to assist us with the issue at hand. The ?re department and I walked to the maintenance of?ce, the ?re chief called the refrigeration technician whom told him that he was approximately 10 minutes away from the plant. At this point, the fire chief told me that he was going to get going and call him if we needed help. I assured him that we will call him if needed. At about 9:00 AM the ?re department, the ?re marshal and the Holmes County Emergency Director Mr. Gary Mellor were getting ready to leave our premises, I was walking them out in reception area, when I was informed by the HR. Director that OSHA inspectors were at the plant for a safety inspection. Roger Clark, Fire Marshal, Don, Fire Chief and Gary Mellor said: The gentlemen who asked us to stay are from I said, must be, I have not met them. Well, they said, they asked us to stay for a little bit because they wanted to talk to us. Okay, I said, you are welcome to stay! While OSHA inspectors were talking to the Fire Department, Fire Marshall and Holmes County Emergency Director I came to my of?ce and noticed that employees were no longer in the lunch areas. I asked the plant manager what had happen and he told me that eve one was working. That the refrigeration technician and our maintenance department Doru Jacobs andiaad isolated the cooler and could not detect ammonia readings in the processing areas. At abont 10:00 AM I went to the upstairs conference room to meet with the OSHA inspectors they informed me that they were at Case Farms to do a wall to wall inspection due to cut rates "or . At about 10:22 AM, I was informed that ?rst and second processing operations were cancelled because employees were complaining of ammonia odor and could not continue working. Employees were sent home. The ammonia readings inside the cooler were of approximately 12 ppm; however, next to the broken coil in unit it 3 the readings jumped to 50 ppm. At this point the units were completely shut down and the ?rst responders were asked to leave the cooler. I noti?ed OSHA inspectors that operations were cancelled and employees Were sent home. OSHA inspectors stayed at our facility until approximately 2:00 pm and informed me that the wall to wall safety inspection will continue on Tuesday, July 5, 2011. End of my report. July 12, 2011 ?liza M. Gallardo Safety Manager From: Elizabeth Gallardo [egallardo@casefarms.com] Sent: Tuesda Jul 12, 2011 5:06 PM To: ?ew Cc: liz1gallardo@yahoo.com Subject: Case Farms Sequence of Events June 30, 2011 Attachments: CF Sequence of events 6-30-2011pdf Do not hesitate to contact me if you need further assistance from me. May the peace of the Lord be with you and your family; always. I hope our paths cross again some day. Best regards; Liz Cell: 831-206-6045 Liz 1 ga Ila rd o_@yah oo.co_m This message has been scanned for malware by Websense. mwebsensecom 7/18/2011 Page 1 of 1 Elizabeth Gallardo, Safety Manager Personal email: lizl Tel. Cell Nozi831-206-6045 m. US. Dept. of Labor 200 N. High Street, Rm. 620 Columbus, Ohio 43215 July 12, 2011 ??gu?nce of Events 6/30/2011 011 June 29, Abel Acen, Ohio Div. Human Resources Manager asked me if I could come to Work on June 30, 2011 at 5:30 AM to assist them with human relation activities not related to safety; consequently, I arrived at the plant at 5:15 AM. At approximately 6:30 AM, I was informed by Ron Hightower, Production Manager, that we had a'report of ammonia released detected in the cooler area. Immediately proceeded to notify the first responders. I spoke with Jason Walls; he told me that they had been working on controlling the leak since about 6:00 AM. He said it is a small leak. The sensor was not picking up any ammonia in productioo floor. I got a hold of and ask 0 provide me with the ammonia sensor. I walked to the live hang area, the pick room, the area, second processing areas including the cone lines without registering levels of ammonia. I went inside the cooler room with the sensor on my hands, as [walked into the cooler, 1 could sens e11 of ammonia and my eyes began to burn. At that point, I aske-o get his respirator in order f0 0 continue the search for the ammonia teak. - First processing employees were allowed to work; however, at about 6:40 AM USDA employees refused to work knowing that we had an ammonia leak in the cooler room. They complained that the ammonia smell was too strong and could not continue working; therefore, they walked off the job and ?rst processing operations stopped at about 7: 15 AM. At about 7:30, second processing employees began to arrive and were informed to stay out of production due to the small ammonia leak in the cooler. No employee was allowed in production floor at this time. At approximately 8:40 AM the local ?re department showed indicating that they received an anonymous call indicating that Case Farms had an ammonia leak. [took the ?re department to the cooler. They said that they did not feel that the life of the employees was at risk, that the ammonia leak was not a high hazard concern; however, they wanted to verify that we had called the refrigeration technician to assist us with the issue at hand. The ?re department and I walked to the maintenance of?ce, the ?re chief called the refrigeration technician whom told him that he was approximately 10 minutes away from the plant. At this point, the ?re chief told me that he was going to get going and call him if we needed help. I assured him that we will call him if needed. 913 941119;! 3333 . Wd 179170 at lnl? LLOZ At about 9:00 AM the ?re department, the ?re marshal and the Holmes County Emergency Director Mr. Gary Melior were getting ready to leave our premises, I was walking them out in reception area, when I was informed by the HR. Director that OSHA inspectors were at the plant for a safety inspection. Roger Clark, Fire Marshal, Don, Fire Chief and Gary Mellor said: The gentlemen who asked us to stay are from I said, must be, I have not met them. Well, they said, they asked us to stay for a little bit bacause they wanted to talk to us. Okay, I said, you are welcome to stay! While OSHA inspectors were talking to the Fire Department, Fire Marshall and Holmes County Emergency Director I came to my of?ce and noticed that employees were no longer in the lunch areas. I asked the plant manager what had happen and he told me that eve one was working. That the refrigeration technician and our maintenance department Doru Jacobs mined isolated the cooler and could not detect ammonia readings in the processing areas. i inspection !ue to At about 10:22 AM, I was informed that ?rst and second processing operations were cancelled because employees were complaining of ammonia odor and could not continue working. Employees were sent home. At about 10:00 AM I went to the upstairs conference room to meet with the OSHA inspectors they informed me that they were at Case arms to do a wall to wal ent rates or . The ammonia readings inside the cooler were of approximately 12 ppm; however, next to the broken coil in unit 3 the readings jumped to 50 ppm. At this point the units were completely shut down and the ?rst responders were asked to leave the cooler. I noti?ed OSHA inapectms that operations were cancelled and employees were sent home. OSHA inspectors stayed at our facility until approximately 2:00 pm and informed me that the wall to Wall safety inspection will continue on Tuesday, July 5, 2011, End of my report. ?vghg?zf?vg, July 12,0 2011 liza M. Gallardo Safety Manager 8/8 SWJezl 999:) Wd 99%) CL Inl? LLOZ facsimile transmittal 614-469-6791 From: Elizabeth M.Gallardo Date: 71121301.: Re: Sequence of Events 6130/2011 Pages: 2 Cc: Urgent For review El Please Please reply Please recycle Dw- Please do not hesitate to contact me if you need fin'ther assistance me. Have a wonderful dayGIL 9993 Wd 79:90 ll LLOZ Columbus Area Office Witness Statement Statement I, #Lt?v/ reside at in the city of County of ZIP Code My telephone number with area code is. I have been employed by Cat 1' Foer m} locatedat [It/v.ch 0 2% The of?ce telephone number with area code is 8.70 )jS? 20.700 . My job classi?cation is/was HUM a? Karat/raw rt 92% r. initials: . . i understand that this statement will be held in confidence by OSHA unless i am needed to testify in a government law enforcement proceeding. - I hereby dispose and say: fit?cm {/20/0 tr. - u/ ach/A? [AthLk/fe?ILA 47:45 mic/(h, 7?7/114 - /3 1/574: lh? x?L/?lL ?7 Vt Xi ya/c. [\?Cr?hzf 51?) - . +21? Jlx?C.? LI AA Raw - 7547768 ?kk ?u Page-l? . Initials: I Columbus Area Office Witness Statement Statement (Centinuation) Statement of 74 C644. ga w/?ex w/ . piky /7va dedAaZf /7/nl ?g?zz?efl 5 - it? :kL/c/ ?.01,on . \J?a?f ?ask . ll/?lc iamrL/l J. 2/ En: j?x Macy/? - [44fo 2/ 9 g? A (xiv/A Viz/ijI Mae,ij Va, A 27?; 4M Myra.) Cl arm/$1? A I. 3" fIfu/?j 7?7 fez??3w7/l 24 was)? avg/C MW gm, 3" - 57:241va ?l?H/v C/wu/g/fcim?n/r ct ?le-J 144cm. MI 134?? 177?; :3..an . Av Z/?quU?l/L fan?$wa IKAC. l\lnl/ Page Of A lnitials? El Columbus Area Office Witness Statement Statement of 0% Statement (Continuation) 014 K/j?A/r 'Aegoih? w/ i" //gw(e alga/K >Ar I have read and had the opportunity to correct this statement consisting of; handwritten pages, and these facts are true and correct to the best of my knowledge and belief. Public Law 91-596, Paragraph 17(9) makes it a criminal offense to knowingly make a false statement or misrepresentation in this statement. Si nature of OSHA Re resentative: Signature ofWitn Date: US. Department Of Labor OSHA 200 North High Street Room 620 Columbus. OH 43215 (614) 469-5582 Page i of; Initials: A THIS IS A I Intewiew Statement Date/Tim? 7/ 7/ JobTitle: Zea/?4. EmployeeAddress (HM) Duration in JobAgyer -- (00% VT 1.79:? Bur-anon w/ Compan Phone Number Jd/er I /z//7tj A, WHJ 7% (sz% O?iud'oy/ (/3497 Anita.? 6 up7f? F7f7l?n?f- ash-?v 75%? 749:4 "Gift/1 jwl/ MM) f-f 7?7 RIM [7 ?1734/ 70rd WI ?w I .zcm We 74m. we mew/j We 1% Maw? Mere/7)! I request that my statement, which was taken in private, he held confidential to the extent allowed by law. It will remain confidential unless I choose to discuss it with management perswne], or other parties. Ihave read the above, and it is true to the best of my knowledge. ?ew/"fig- PK EmployeeSignature; Mi I dollar/?air?? - ?w AC4- w/ - 155/ ?z/7zrm) I c4 01/?z . /Vo 53/7? ,va Carri?7f? u/ ML by (Iqu I 47v [acct/(d tux 9439 W579 WM. #wm ML 44L 0m Les/7? 79am? . e?/o WM hm . A:ng ?xiv/7L m7 vim. 73m .. 91,444; 4, 1/2 Columbus Area Office Witness Statement fyjy Statement I. Sj?ij?m Z?dr-xex/ I have been employed by .czje Va?? 1? located at I 0 The office telephone number with area code 15(3 2? 0 {5 (Z . Myjob classi?cation?Qwas ?oc 71,14; udf? cw dva I understand that this statement will be held in confidence by OSHA unless i am needed to testify in a government Law enforcement proceeding. I hereby dispose and say: - T. Am!? Qt - I7Lc?fszgi - Ail-N . 6" 0 i'L/o'j Ar ?79/ . f7" 1417? 51/ 4/5? 0/50" Jr A br/r?J . Leer 1" ?r (J-vkhxii/l? fr"; ?r c/ I Page .1. of r- Initia . Columbus Area Office Witness Statement Statement (Centinuation) Statement of 1" 01/ ~?w4 v2; .27ng A if 07", A [Ir/"64; in am .1 2% far Asa4233 (?in LWJ ,4 a; T24, Z9- .FIMK fu- [x51? 071' Kc 727%} CC gaff} few xx 1/1/17 474? a ff?, 5? rv?u/p Am A z/g/y/ my; .- . I ?7 Wit} I712 o. 1? (Vi (.7 Jr/wx 7? Arm-v ?tr?l? A (av-L-pv- :1 ,5 71? 71?! (7. In gym-x ?fo 1 57/ . I fifth 1 .X, y. [71? .34Dram ?imp/C. .. NZ /1 71 Jim? 1v ,1 "x Lad?? Ly?V?L/wy? ff. w, fl?w?b' ?R+rrlc (.5 urn-n, Pagei ofJ Columbus Area Office Witness Statement - Statement (Continuation) Statement f/w 750w? KM ff 6 we?, 7? ?44 y? Jx?% A a; M7 ?Mega-Z by. Alf/g- Hf? dyci? 7L wife /c I a) - [?11 u- \rJaw/? A >11" VIKA {XV/hf? I . . . I V1.4 L4. I, purl/?C-ur? up! A5 ?in >gade[22/ I 1? i . 2 mall/(q I '2 . Ath7m ff}, fadad} ?j rev/LR; an/ . Page iof 7 4 Inhlals: Columbus Area - . gigg?gmeq(?bww A a; . can MA .MWimp/mu K: ?x :nL/Lf?w?; At. My 57(5 c. {"144 - - m1?97111[744%. I . an; (10w Urn/f J41. 2 6? in? n1: C/i/A?n, I 421/ ?9 2 I F/?w g1 rig/4: WW bu,? A ., Lam/(L 747% [6 WC .3 . 717;? gt. <6 7'7xw m; A 1/6! Lin. arm r" kaffla- I x? .Jix 020/0 A 1F/ibv' :15r-c. . diff/3?) A Ag 111/494; 9' c: mu?f? ?zz A4111 :71? it!? A 111tw-r I ft;- i567?? - . {vim I ?w?I 3:614bp.? ?kc/Liv" . invafH-?MW? I us "If: .- - .7 Statement (Continuation) Statement of 13?: 1? IA ZLK cu - z/Aj 2A a 155o'ij A dig/1 :9 vx -?5g,r . {u Er l/ 11?- pr!? . /v law-#1 I I . l?u {negff} fe/ A . i/V Ctr-g. A . I I . u/A? 4% c? (Ii/j. (?71 (VA 1? A '1 5- (.51: . 71r?l?Yak cu- ?42144Axel/graft?? Witness. se- (- 77/5707 JAR lift? ?\Ct At"; Inc. Amahu . . 1/1. .KC. ?59} fjilxa. 92. t_ h/hi- 1/ r] 4' if i?t?d (J: . IV A Lux(.- 1/0 (Al; at" 'L-r Wig/H 2 .t . DA -44 24w. A A an?, - .f . l/Lty-L and aw. A IMVI JC +cw77?? 4v M: ?ea(Il #Wft ., A f? Cit-?1; Pl 5v" ){f?lq Page Ira/0 711Mle 2? 6" e-?w - 1? A IL I ?wiawj" 0493. . 7 I . A?ci- . --.. Iv (dz .. A T?z? m, m; wk,? 41224 W- I I I "If cW/?Jf - Eff? Mf/ir?r? ?it/0 (63/1/2002 . 0377' 4fm;me wow: /l 57 17 ac; Iw AC7- i-wc 1/02739/ 20537.}. WW7 fej%- [hr-?.Ila:wk2f 4 h1g7 h? (fan i? 5.. Pill? L?x {Al/55? 22? ?ak/u yrfry? ML: {27 ?71 - Columbus Area Office Witness Statement 1/ i y. - . . Statement (Continuation) Statement of [w have read and had the opportunity to correct this statement consisting of handwritten pages. and these facts are true and correct to the best of my knowJedge and belief. Publlc? Law 91?596, Paragraph 17(9) makes it a criminal offense to knowingty make a false statement or misrepresentation in this statement. - Signature of OSHA Representative: Sigma are of nes 7 4? (ad/7% US. Department Of Labor OSHA 200 North High Street Room 620 Coiumbus. OH 43215 [614) 4696582 1 . M. Initials:l Columbus Area Office Witness Statement . - Statement ?J?kh /b}i?tlxuwcu reside at in the City of - I. County of . ZIP Code My telephone number with area code is. I have been employed by located at The office telephone numberwith area code is( . .- My job classi?cation is/was VLG 11v}; i Jug; M. (am/i. Initials: I . . . I understand that this statement will be held in confidence by OSHA unless I am needed to testify in a government law enforcement proceeding. - I hereby dispose and say: l/il/L?f if Altai mil. mic, 4/ 76. 5? "7274 -- [7'0 If? My ?r .?(AC. 5/ -- c7 val-AM . 9035; (my15/1 ff.? gig; A ash-?1? a 75 fl/I/r? We for, 1? ?1 JG 7 Cr 56/51?, :7 tin-x Nit. [Am/d) 5713 jj/m, in,? Lay/ng fa? (i 7" r?Y/?n i A /c Page I I of initials: Columbus Area Office Witness Statement Statement (Continuation) Statement of 0 AK A Lamch 1' If)? I I le 15L/"j rut f; A I. 'Ax?\lr-v; 8' (-10 3' c. fl?ga.) I 9L 7Zr? - . I I no 310/? inf-Ah? "oT/ ut/ ?ag as. K2. 55:. I 1, I hj?d V?i Cc VV'l?q - 1/144 A. a. c.2906 .2 war/1 .5. 470/1?Iii-"3 V?emf ?V/p errWW4 ?lm but (may, Luz - I i tag/Lira [a fix/17A C) a, 1'17?? 0/0 ?yiz/(anv EJQ *1 re he A. 37;? ?"4704973ins?(? 20' (J 7 zx'( 1/8 {129? [Ag/c f, gzw. a A L, x, my?! .l A A 2L6 tat/It.? Afr; had :1 x74? use??J'- 0 ALA f/l/fgi); a, :11. (- . fv' 6 area, LL - vLT/bh 7! /ir--I _r Uriwees-7117A Afr-i) I Page of Initial7/ Columbus Area Office Witness Statement Statement (Centinuation) Statement of EL.) AL - .40 (if ALF-.5 1' 7t ?3 v/Kr?/ '/5Lr(11/ fab[L/Z-xtn 14/ ?lm; I are, a; ?1 J?ll? (-(47/3/30 . . (29/14 ix 5/ . . l/In@417 th. {Inv/ I'm r/H 7? It Airl?crj ?ue 71m gt?? Hi t- 741/" de-X . 1/ r' 'Av/su/A 9- 71? fit/7L 0 fax a i 75'; Luz-eff [Jrrc?n 0A. ?(La 7i?? 41" 67Z I 74? a Arc-a. (2, .wa J?*7/7/27 (?fun17:5}- 29(1- (J-m jzx' A flirff IL. exit-9?09 716 ff"! fr zwu/ K's/71f} il?ci?. Kit/K} A. lbw-?A M. I I th'??yzip-.4 II ?1?6 I Lv{/ a? tiff-6'1; 15' 0r f?/Ilt/Jr 9?5! {weary/017'. 1/ fight? Zn} la 73 page i or I Inltiaif%? . 9919. 77;; g; [Is-1 (A ?l [7/9 10/4/4171 up 1? . J3 (Hf we 91 g/c/ad?a? I (4/370 I. yI?Cf; (av/A gum. ice/L. - (?fl AL We? Aim] fad/4: chv/ 'l/tfi . . .1?74?9/ . Wl?r ?bz i 'ffV\I?? Jill fit Leghtuf . Ab Aggc. WLL Ann/1. A/Lfl. CV .1 Ma?J/aCm/e/ 6/0qu 7. A: x/dzl/L gr Page 2? of lnltiaIs: [Em Columbus Area Office Witness Statement Statement (Cdntinuation) Statement of 9? VV 0 {Magi OVA (90 7g 144.11/9 - 4" L. 5% Val/Vt 0J 6-4 'v I "r (1A burr . [/1/5'43 [.354 44.2%thij g, 0A Coil N. a Dr - I Lag/?11? 5,1704? 17w Zf' Ra LezWQ?L/fcz/ff .I . . f/fzc- u? ?941.7ng :guf/y?igwr 231.. 7L: Llagg?? In ?opt-gjp/ 141:?; 4 79v?: . a r/9:4 fw-TL VC VT . )va~ Fancy/Ly. #r/zzw?? r44 74;, ;4 fry?? 74'" Kai/wa?? Lav?! Page 2 of Initials: ad 0; Columbus Area Office Witness Sfafgmc?en?w .. . ,1 . ?jiggle It?, . I . .l 1.5Statement of_ 3, . ,1 . Statement (Continuation) fb?tf?h? ?Ivy/?lm . - ?:va I 5/ M145 JVJ . diam/wk . g- immann . )dem? :71 AD 6% 7 wwa, hm$m/ fa Ji//hwx at 7L 6 It" L/?av Aarm/ I?M?ji'w7 JIMYL . 27A 1 wk I 1.7 I (ng1? [Ml/?owcw 'Mb??fI-?h AvrT?x 17:11 [?45 1.1 X3 7411? ?hnew X0 J0 lfcawj-X 1/1/sz71 y? vn?l: i, fin/v?? . 47f/JJAZHA LJ . . Eagle, J??o 1/4 2- 31" J.4.. 7 . . A Columbus Area Office Witness Statement Statement (Continuation) Statement of pm? ?00 ZJ I have read and had the opportunity to correct this statement consisting of ~.S-Ihandwritten pages. and these facts are true and correct to the best of rn 91-596, Paragraph 17(9) makes it a criminal offense to misrepresentation in this statement. knowledge and beiief. Public_ Law nowingly make a fatse statement 0r . 1 Signature of WitnUe?f Date: - I 0L - Datez?za?? US. Department Of Labor OSHA 200 North High Street Room 620 Columbus. OH 43215 (614) 469-5582 3 6" page Initials: Columbus Area Office Witness Statement StatemanCo tinua n) i 7 Statement Of 201/ \J4k('c It . I . (If; ?11.\ll f; I 5 :1 lb't?j 7z??f/?rt? >6 I. A If 6? 4?1 ?lrk/ (liff . \l (p i? a. VJII- 41/5". (Mar #11/in Locate A A: (5 91?7" . 7/v c, {m )4 f'o-A A D/?clx?f/ i?chr?m 5/5; (Vt! - "l . 7/13.bvcur- 0/7 0A un?t-Q?: {/21 [sq fr. 7.3.1 Mr (A [lih?f A ff? Cf --flea-77$er 3M 0 have read and had the opportunity to correct this statement consisting of handwritten pages, and these facts are true and correct to the best of my knowledge and belief. Public? Law 91-596. Paragraph 17(9) maKes it a criminal offense to knowingly make a false statement or misrepresentation in this statement. Signature ofWitness: lgW-U 1/1 I 38 US. Department Of I 200 North High Street Room 620 Columbus. OH 43215 (614) 469-5582 4 J'ch ich 62/74)" ,7 F. - pageLOf'L . Initials' A THIS IS A CONFIDENTIAL STATEMENT Interview Statement Date/Time: Job Title: Employee: pl Ute g; Duration in Job: Addressed-L31): (70' peg/1' we.) WW Duration w/ Company: P. N. h. Cid? 20*? WW lone um er (HM). 320? 702/ - . {14/447th . 442 MM Mm ?aw/C KW #213079) We 2* . J: AZ, 341/44v9! :Zcx Wax if WV wafww M157 7% ?ack fafa~716(7 (/vV . fat/U pd? . that my statement, which was taken in private, be held confidential to the extent allowed by law. It will remain confidential unless I choose to discuss it with management personnel, or other parties. I have read the above, and it is true to the best of my knowledge. 1 . Employee Signaturczw Columbus Area Office Witness Statement Ex 7c and 7d - Employee Statement Columbus Area Office Witness Statement (ff/Np/M Ex 7c and 7d - Employee Statement Coiumbus Area Office Witness Statement /f Ex 7c and 7d - Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d Employee Statement Ex 7c and 7d - Employee Statement Columbus Area Office Witness Statement /7 NI Ex 7c and 7d Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d Employee Statement Columbus Area Office Witness Statement . $0 Ex 7c and 7d - Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d - Employee Statement THIS Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d Employee Statement Ex 7c and 7d - Employee Statement I Columbus Area Office Witness Statement . 3? Ex 7c and 7d - Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d - Employee Statement Ex 7c and 7d - Employee Statement Ex 7c and 7d Employee Statement Columbus Area-Office Witness Statement Ex 7c and 7d Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d - Employee Statement Columbus Area Offic Employee Statement Columbus Area Office Witness Statement Ex 7c and 7d Employee Statement Columbus Area Office Witness Statement /7 Ex 7c and 7d Employee Statement Columbus Area Office Witness Statement f//7 Ex 7c and 7d Employee Statement Page 1 of 1 From: Sent: Thursday, August 25, 2011 12:42 PM To: Subject: ?ange and bonnet bolts Attachments: Tightening for Flanges Boltsdoc; 2011-05 iiar.pdf Per our conversation earlier; Torque was not a problem until the beginning of this year 2011. Please open attachment. Hope this helps. If you have additional questions let us know. Best regards, This e?mail message, including any attachments, is for the intended recipient(s) and may contain confidential and/or privileged information. Any unauthorized review, copy, use or disclosure is prohibited and may be unlawful. If you are not the intended recipient, please delete the e-mail and any attachments and notin the sender immediately. 8/29/201 1 I Flanges Bolts Tightening Bolt 7/16? Flange bolt 5/8? Flange bolt 3/4? Flange bolt 7/8? Flange bolt Port Size up to 1/499 Tighten 28 ft. lb. 85 ft. lb. 105 ft. lb. 150 ft. lb. 100i North Fairfax Street, Suite 503, Aisxondria, VA 223i?ini 797 institute at Frame: (7033 3114200 Fax; 9?03} 3120055 Ammonia Refrigeration INTERPRETATION: IIAR SRC 201 1?1 SUBJECT: ANSI IIAR 2, 2008 ADDENDUM A, Section 10.3.1.2 DATE ISSUED: APRIL 26, 2011 I QUESTION: Section 10.3.1.2 states ?Valve? gasket materials shall match valve manufacturer?s specifications, be compatible with ammonia and of the thickness specified. Flange bolts shall be torqued as indicated in the valve manufacturer?s installation documents." Does i this mean that a specific torque value must be applied to the flange bolts via the use of a torque wrench? REPLY: The term ?torque? is defined as ?the tendency of a force to rotate an object about an . axis, fulcrum or pivot?. However, it is often assumed that the term implies a specific I value of foot-pounds (newton-meters) be'applied to a nut or bolt using a calibrated wrench. The use of the term ?torque? within the standard does not imply that a specific value of torque should be applied to the flange bolts. The phrase within the standard as indicated in the valve manufacturer?s installation documents? means that trained installers shall install an appropriate gasket, tighten bolts in an alternating pattern ensuring that the flanges and piping are properly aligned, and that the resulting joint is tight and'leak "free. Gaskets provided with the valve or flange should be used. Replacement gaskets must be of like design to the originals. COMMITTEE ACTION: Upon the next re-affirmation of the standard, remove the phrase as indicated in the valve manufacturer?s installation documents? and replace with the phrase ?tighten bolts in an alternating pattern ensuring that the flanges and piping are properly aligned, and that the resulting joint is tight and leak free.? Page 1 of 1 From: Zubaty, Deb - OSHA Sent: 30, 2011 1:30 PM To: SHA Cc: Wilson, David Harrington, Linda - OSHA Subject: FW: Case Farms Processing Inc. dba Case Farms Chicken Attachments: ~max0002.PDF .iease place in tile under the citation. This is the signed copy. Thanks Deborah Zubaty Columbus Area Director 614469?5582 614-469-6791 (tax) From: Wiiliams, Ann - OSHA Sent: Friday, December 30, 2011 1:03 PM To: Zubaty, Deb Harrington, Linda - Wilson, David - OSHA Cc: Knezovich, Mark J. Gallegos, Carlos - OSHA Subject: FW: Case Farms Processing Inc. dba Case Farms Chicken FYI, From: Johnson, Tonya - OSHA CTR Sent: Friday, December 30, 2011 11:57 AM To: Donovan, William - Williams, Ann Barber, Greg Battle, LaShante OSHA Block, Sharon - Buchanan, Art - Chartier, George - Darby, Kimberly M. - de la Torre, Laura - DeAngelis, Richard - Douglas, Stephanie - Fraser, Elaine - Garrahan, MaryAnn - Gross, Josephine - OSHA Hauter, Nancy - Hicks, Earl - Jackson, Reginald - Johnson, Marisa - Johnson, Tonya - OSHA Lescallett, A Gary - Maddux, Jim - Petterson, Diana - OPA Reich, Egan - Warner, Lauren - OSHA Yebesi, Francis - OSHA Cc: Haloftis, Alcmene - Kole, Jennifer A. - OSHA Subject: Case Farms Processing Inc. dba Case Farms Chicken Good Afternoon, Attached for your records is the Case Farms Processing Inc. dba Case Farms Chicken signi?cant case. Tonya Johnson . EXecuii'i/e Secretary/ OSHA 202-693?2498 Direct 202-693? 1628 Fax Johnson. Tonya @dol.gov 1/3/2012 Paige 1 of 5 Zubaty, Deb - OSHA From: Williams, Ann - OSHA Sent: Wednesday, December 28, 2011 1:27 PM To: Zubaly= Deb OSHA Ex 5 Continued Ex 5 Continued Page 4 of Ex 5 Continued Ex 5 Continued 12/2920] 1 Zubaty, Deb --OSHA From: Zubaty, Deb - OSHA Sent: Tuesday, December 27, 2011 8:45 AM To: Page 1 of Zubaty, Deb OSHA From: Rundman,? Sven OSHA Sent: Tuesday, December 27, 2011 9:00 AM To: Zubaty, Deb - OSHA Subject: Out of Office AutoReply: Case Farms? Health Can we issue? I will be away from the office until Friday, December 30. if you need assistance, please contact the Office of Health Enforcement at 202?693-2190. Thank you. Have a safe and healthy day! Zubaty, Deb - OSHA From: Sent To: Cc: Gailegos, Carlos OSHA Tuesday, December 27, 2011 7:35 PM Zubaty, Deb - OSHA Knezovich, Mark J. - OSHA EX5 Page 1 of 5 Page 1 ofl Zubaty, Deb - OSHA From: Zubaty, Deb OSHA Sent: Tuesday, December 27, 2011 5:18 PM To: - Gallegos, Carlos Knezovich, Mark J. - OSHA Subject: Issued Case Farm Citations Attachments: Case Farms Processing Case Farms Processing For your records. Deborah Zubaty Columbus Area Director 614?469?5582 614?469?6791 (fax) 12/27/201 1 Page 1 of 2 From: Knezovich, Mark J. - OSHA Sent: Friday. December 23, 2011 11:20 AM To: Cc: Connors, Michael Walters. Ni van. William - Williams. Ann - Zubaty. Deb Wilson, David - OSHA Garvey, Mary - Bradley, Mary Allan, Scott - Burke? Rhonda - Gallegos, Carios - Rundmant Sven OSHA 12/28/201 1 Ex 5 Continued 12/28/201] Page 1 ()f2 Zubaty, Deb - OSHA From: Knezovich, Mark J. - OSHA Sent: Friday: December 23, 2011 10:37 AM To: Zubaty: Deb - OSHA Ex 5 Continued 12/23/2011 Clark, Mary - OSHA From: Sent: To: Cc: 12/9/20] 1 Page 1 ofl Knezovich, Mark J. - OSHA Thursday, December 08, 2011 5:49 PM Connors, Michael Walters, Nick - Donovan, William - Williams, Ann - Zubaty, Deb - Wilson, David - Lowe, Anthony - Garvey, Mary - Bradley, Mary - Allen, Scott Burke, Rhonda - Galleos Carlos OSHA Signi?cant Enforcement Action Notification Region V-- Columbus,'0hio Area Office Company: Case Farms Processing, Inc. dba Case Farms Chicken (chicken processing and packaging) Winesburg, Ohio Health Inspection 77245 Penalty: 1 143,000 Six-Month statue of limitations: December 30, 2011 Inspection: The Columbus, Ohio, Area Of?ce conducted a comprehensive programmed planned inspection which was initiated from the 2010 Site?Specific Targeting Program. The investigation revealed multiple de?ciencies within the employer?s covered ammonia. re?igeration process and process safety management program. Areas of de?ciency included process safety information, process hazard analysis, operating procedures, employee training, mechanical integrity, management of change, incident investigation, and response to compliance audits. In addition, several Violations regarding emergency response to hazardous substance releases were documented following the employer?s response to an ammonia leak which had coincidentally occurred on the morning of the opening of the OSHA inspection. Violations: Health insnection 77245 Twenty?six Serious - $143,000 nineteen PSM, three emergency response, three respiratory protection, and one materials storage Four Other?Than?Serious $0 two PSM, one respiratory protection, and one bloodborne pathogens Number of Employees: 478 (establishment); 2,479 (corporate wide) Union(s): - United Food and Commercial Workers, Local 880 Severe Violator Enforcement Program: No Congressional Parties: Senator Sherrod Brown (D) Senator Rob Portman (R) Representative Steve Austria (R 7) Media Interest Anticipated? - Local interest VIOLATION SUMMARY Case Farms Processing, Inc. Health Inspection #77245 Violations Summary . Item Standard Description Adjustments . Penalty SERIOUS: 1?1 - The block ?ow diagram was $5,000 - $5,000 not updated and accurate. 1-2. PSI did not include the $5,000 I $5,000 maximum intended inventory . of ammonia. 1~3 P&ID?swerenot accurate. $5,000 $5,000 1?4 did not adequately $5,000 $5,000 address facility siting. 15 1910.1 19(e)(3)(vi) did not adequately $7,000 $7,000 - address human factors. 1?6 Multiple PHA ?ndings and $5,000 $5,000 recommendations were not completed. 1?7 1910.1 Written operating procedures $5,000 - $5,000 . did not address oil draining I ?om equipment without oil pots. - 1-8 Written operating procedures $5,000 $5,000 for safety systems were not accurate. 1?9 Lack ofim'tial training. $7,000 $7,000 1? 1 0 1910.1 19(g)(2) Refresher training was not $7,000 $7,000 provided every 3 years. 1?11 - Written procedures were $5,000 $5,000 . not established and implemented for various tasks. 1?12 . Inspections and testing for $7,000 $7,000 It ?w piping and compressor safety cutout switches were not performed annually. 1?13 - MOC no conducted for $7,000 $7,000 . building construction around process equipment. 1-14 Incident investigation was not $5,000 $5,000 - conducted'for a 2006 ammonia release. 1-15 . Incident investigation team $5,000 $5,000 was not established and investigation did not include at least one person knowledgeable in the process for various ammonia releases. 1-16 1910.1 19(m)(4)(iv) Incident investigations did not $5,000 $5,000 - include all of the contributing factors. - 1 ~17 Incident investigations did not $5,000 $5,000 document multiple resolutions - and corrective actions. 1? 1 8 1910.1 19(o)(4) .An appropriate response was $5 ,000 $5,000 not determined and - documented on two ?ndings Within the 2009 compliance audit. 1?19 The 2006 compliance audit $5,000 $5,000 report was not retained. . 1-20 Individual in charge of the ICS $7,000 $7,000 . did not implement appropriate emergency operations and assure that the preper PPE was worn for a response to a 6/30/1 1 Mmonia release. 1?21 Several employees Who were $7,000 $7,000 involved in a response ammonia release had W. not received first responders 3 4 . training at the operations level. 0774/17 1-22 - . No annual refresher training $5,000 $5,000 - for emergency responders. 1-23 Medical evaluations were not $5,000 $5,000 provided to several employees required to wear full face APRs. - 1?24 . Fit testing was not provided to $5,000 $5,000 . several employees required to wear mu face APRs. 1?25 Respirator training was not $5,000 $5,000 provided to several employees required to wear fullface . . APRs. I . 1?26 - 1910. 176(b) Large containers of acids and $4,000 $4,000 bases were stored together. OTHER: I 2?1 1910.1 Documentation. for testing of $0 . $0 compressor safety cutout switches did not identify the name of the person who performed the test. 2-2 1910.1 Multiple incident investigation $0 .I . $0 reports did not include the date the investigation began. 2?3 No ?t test record for the most $0 $0 recent ?t tests. .2?4 No annual bloodbome $0 $0 . pathogen refresher training I provided employees designated to provide ?rst aid TOTAL SERIOUS VIOLATIONS (26): I $143,00 $143,000.00 Page 1 of] .. .. . ?many-a _-osHA From: Knezovich, Mark J. - OSHA Sent: Tuesday, November 22, 2011' 2:53 PM To: OSHA Cc: Wi1son, David - Bradley: Mary - Subject: Case Farms Health EP feedback #77245 I Attachments: Case Farms Processingdoc 1 1/22/2011 EX 5 Continued EX 5 Continued Page 1 of 2 From: Bradley, Mary - CLE-SOL Sent: Tuesday, November 22. 2011 5:02 PM Cc: Knezovich. Mark J. OSHA Subject: FW: Secretary v. Case Farms Processing Inc. - Inspection No. 77245 From: Sent: To: Cc: Subject: Bradley, Mary - OLE-SOL Tuesday, November 22, 2011 2:08 PM OSHA Knezovich, Mark J. - OSHA Secreta v. Case Farms Processin Inc. - Insection No. 77245 Page I of 1 EX 5 Continued EX 5 Continued CPL 02-02?073 Inspection Procedi' ?s for 29 CFR 1910.120 and 1926.65, "graph Emergency Page 1 of 3 APPENDIX A RELEASES 0F HAZARDOUS SUBSTANCES THAT REQUIRE AN EMERGENCY RESPONSE The function of this appendix is to present a discussion of the distinction between incidental releases of hazardous substances and releases that require an emergency response, and, therefore, compliance with the provisions of Emergency response program to hazardous substance releases. An understanding of the distinction between an incidental release of a hazardous substance and a release that requires anemergency response is fundamental to proper compliance with the provisions of 29 CFR Emergency response operations for releases of, or substantial threats of releases of, hazardous substances without regard to the location of the hazard, (29 CFR was written to cover a wide array of facilities and situations. - Potential releases of hazardous substances in the workplace can be categorized into three distinct. groups in terms of the planning provisions of These groups are: . 1. Releases that are ciearly incidental regardless of the circumstances. 2. Releases that may be incidental or may require an emergency response depending on the circumstances. 3. Releases that clearly require an emergency response regardless of the circumstances. Releases that Are Clearly Incidental The scope of the HAZWOPER standard does not cover the foreseeable release of a hazardous substance that is limited in quantity and poses no emergency or signi?cant threat to the safety and health of employees in the immediate vicinity. This type of release is referred to as an "incidental release" in 29 CFR under the de?nition of "emergency response." An incidental release is a release of a hazardous substance which does not pose a signi?cant safety or health hazard to employees in the immediate vicinity or to the employees cleaning it up, nor does it have the potential to become an emergency within a short time frame. Incidental releases are limited in quantity, exposure potential, or toxicity and present minor safety or health hazards to employees in the immediate work area or those assigned to clean them up. If the hazardous substances that are in the work area are always stored in very small quantities, such as a laboratory which handles amounts in pint size down to test tubes, and the hazardous substances do not pose a signi?cant safety and health threat at that volume, then the risks of having a release that escalates into an emergency are minimal. In this setting incidental releases will generally be the norm and employees will be trained to protect themselves in handling incidental releases as per the training requirements of the Hazard Communication standard (HCS), 29 CFR 1910.1200. Another example is a tanker truck receiving a load of HAZMAT at a tanker trUck loading station. At the time of an accidental spill, the product can be contained by employees in the immediate vicinity and cleaned up utilizing absorbent without posing a threat to the safety and health of employees. As such, the employer may respond to certain incidental releases. A third example of an incidental release may include maintenance personnel who are repairing a small leak that resulted from a routine maintenance activity and the small leak can be readily repaired; or the leak does not need to be taken care of immediately, the safety and health of the employees are not threatened if an immediate response is not initiated. These situations describe an "incidental spill" under HAZWOPER. An incidental spill poses an insigni?cant threat to health or safety, and may be safely cleaned up by employees who are familiar with the hazards of the chemicals with which they are working. Releases that May Be Incidental or Require an Emergency Response, Depending on the Circumstances The properties of hazardous substances, such as toxicity, volatility, ?ammability, explosiveness, corrosiveness, etc, as well as the particular circumstances of the release itself, such as quantity, con?ned space considerations, ventilation, etc., will have an impact on what employees can handle safely and what procedures should be followed. Additionally, there are other factors that may mitigate the hazards associated with a release and its remediation, such as the training or experience of the employees in the immediate work area, the response and PPE at hand, and the pre-established standard operating procedures for responding to releases of hazardous substances. There are also some engineering control measures that will mitigate the release that employees can activate to assist them in controlling and stopping the release. These considerations (properties of the hazardous substance, the circumstances of the release, and the mitigating factors in the work area) combine to de?ne the distinction between incidental releases and releases that require an emergency response. The distinction is site- specific and its impact is a function of the ERP. For example, a spill of the solvent toluene in a facility that manufactures toluene may not require an emergency response because of the advanced knowledge of the personnel in the immediate vicinity and equipment available to absorb-and clean up the spill. However, the same spill inside a furniture refinishing shop with personnel that have had only the basic hazard communication training on toluene, may require an emergency response by more highly trained personnel. The furniture re?nishing shop's ERP in this case would call for evacuation for all but the'most minor spills, while evacuation and emergency response would be necessary only for much larger spills at the chemical manufacturing facility. . . . L- .I..- 1.. LL- sha.gov/pls/oshaweb/owadisp . 1 1/23/201 1 CPL 02?02?073 Inspection Procedr for 29 CFR 1910.120 and 1926.65, graph Emergency Page 2 of 3 uncontrolled hazards posed by the aircraft and jet fuel. These personnel would be conducting operations such as ?re ?ghting, passenger rescue, and working to stop the release of jet fuel. However, a fuel spill from a tanker truck that can be absorbed, neutralized, or otherwise controlled by employees in the immediate release area through the placement of absorbent pads may qualify as an incidental release, - provided that there are no signi?cant health or safety hazards. (Note: If the release of jet fuel is covered by 40 CFR 300, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), an employer may be required by the EPA to follow HAZWOPER.) Releases that Require an Emergency Response Regardless of the Circumstances There are releases of hazardous substances that pose a suf?cient threat to health and safety that, by their very nature, require an emergency response regardless of the circumstances surrounding the release or the mitigating factors. An employer must determine the potential for an emergency in a reasonably predictable worst~case scenario (or "anticipatedemergencies," 29 CFR and plan response procedures accordingly. For example, a motor carrier is engaged in the transportation of HAZMAT. At the time of an accidental release, the product cannot be contained by employees in the immediate vicinity and be cleaned up utilizing absorbent. Because of the larger problem, the motor carrier's employees evacuate the area and call for outside help, as instructed by the employer. In this instance, if a spill of a hazardous substance occurs and an employer instructs all of his/her employees to evacuate the danger area, then the employer may not be required to train those employees under 1910.120. However, the ability to decide whether a spill is an incidental spill or one requiring an emergency response requires training. Also, any employees who are expected to become actively involved in an emergency response due to a release of a hazardous substance are covered by 1910.120 and must be trained accordingly. (Note: OSHA has limited jurisdiction for over-the?road vehicle operation. In the instance of spills occurring while the material is on the vehicle or otherwise "in transportation," HAZWOPER standard may not cover the operator in all circumstances. If the operator of the vehicle in transportation becomes actively involved in an emergency response, then he/she becomes an emergency responder and is covered by 1910.120(q) as are all emergency response personnel who respond to the incident.) Generally, the release of ammonia, for example, from a refrigeration unit would necessitate an emergency response under HAZWOPER. Employers must determine if there is a potential for release of ammonia in their facility which could result in an emergency situation. ammonia can produce severe health effects, depending upon the degree of exposure. Another situation that would likely require an emergency response includes ?re departments who receive emergency calls reporting a suspected release of a hazardous substance. The ?re department should not knowingly dispatch a ?re?ghter trained oniy under the HCS - standard, or even trained to the "Awareness Level" to respond to a hazardous substance emergency response. For example, an emergency call involving the discovery of three 55-gallon drums on the side of a road that may be connected to a nearby methamphetamine laboratory would classify the situation as a potential emergency response requiring appropriately trained personnel. An emergency response includes, but is not limited to, the following situations: 1. The response comes from outside the immediate release area. 2. The release requires evaCuation of employees in the area. 3. The release poses, or has the potential to po'se, conditions that are immediately dangerous to life or health (IDLH). 4. The release poses a serious threat of ?re or explosion (exceeds or has the potential to exceed the lower explosive limit or lower flammable limit). 5. The release requires immediate attention because of imminent danger. 6. The release may cause high levels of exposure to toxic substances. 7. There is uncertainty about whether the employees in the work area can handle the severity of the hazard with the PPE and equipment that has been provided and the exposure limit could easily be exceeded. 8. The situation is unclear, or data are lacking on important factors. Responders from Outside the Immediate Release Area "Emergency response" is de?ned in 29 CFR as follows: "Emergency response . . . means a response effort by employees from outside the immediate release area or by other designated responders mutual?aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel, are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard ?re, explosion, or chemical exposure) are not considered to be emergency responses." The standard covers responses "by other designated responders." The use of the word I'or" means that responders are a separate group, different from employees outside the immediate release area, directed to respond to the emergency by the employer. Employees working in the immediate release area (not just outsiders) are covered if the employer designates them as emergency responders. The standard, 29 CFR uses the term "responders" generally to refer to employees who respond to emergencies. SARA, the statute mandating HAZWOPER, directs broad coverage of all employees responding to emergencies with no limitation to their location. SARA states, . . standards shall set forth responding requirements for training of workers who are responsible for responding to hazardous emergency situations who may be exposed to toxic substances" (see SARA For an emergency to be covered by the standard, conditions causing a dangerous situation which involve hazardous substances are suf?cient; there need not be both an emergency and a response by outside responders before the employer prepares for an emergency. &p_id=3 67 1 1 1/23/201 1 CPL 02?02?073 Inspection for 29 CFR 1910.120 and 1926.65, graph Emergency Page 3 of 3 For example, a release of chlorine gas above the IDLH level, obscuring visibility and moving through a is an emergency situation even if the lnitiai responders are from the immediate release area. Employees who wouid respond to this situation, whether they work in the immediate area or come from outside, would need to act in accordance with 29 CFR Employees are not barred from responding to releases in the immediate release area that would otherwise require outside assistance from a trained HAZMAT team merely because the de?nition of an emergency response states that an emergency response is . . a response effort by employees from outside the immediate release area." not be considered emergency responses soleiy because the employees responsible for clean up come from outside the immediate release area. For exampie, Paint thinner is spilled in an art studio and the janitor is called from outside the immediate release area to mop it up. The janitor does not have to respond in accordance with 29 CFR 1910.120, although the janitor wouid be expected to understand the hazards associated with paint thinner through hazard communication training. other OSHA Standards Other standards that impact emergency response to ?res, chemical releases, or other incidents should be part of an emergency response compliance evaluation. Flammable chemical spills and other small fires are covered by 29 CFR 1910.156 as well as 29 CFR 1910.157. The "Process Safety Management for Highly Hazardous Chemicals," standard, 29 CFR 1910.119, and the "Hazard Communication," standard, 29 CFR 1910.1200, as weli as some of the speci?c expanded health standards in Subpart 2 would also apply (see Section XII.A. of this instruction). . Conversely, incidentai releases of hazardous substances that are routinely cleaned up by those from'outside the immediate release area need osha. 11/23/2011 N- Am . . . 7- if?; pc?w??f??Zi-Ew) (_erg 4 rc?v/Aryl Maw/62? Kym/(h mew/75. 1K ?m/w 641/ A gr a. I I: f?wwV?/? v? a?r?k U. Ca/flm?k ream! 7% i [672,35 f, 3 A, 7?64 . .. . r. [it-774%. 77?s? MM ?ea/4sz ?[(6742), . . f?t ff? J?dqn?i m. 3 \J/A/hlj ?wf 7i 5 971mg moo off? 7 aw Cr/?b?a/ 6? ?at/a - 7 - [gr/?2L inf cci {Kl/7'0 by: 01W fog/mm 16/043.an A- - 7 0 eff? ?hkw/ 605,704,174" #77 Kc. m? 26// 1/ 9/ i959?! k/C?D??fx?ffa?j?vll r0 endure?f Kong?! V9 74.? - ?7d/I/ ?Man. @717 WL 0/6 35? ?33,547}. -N ?7?e/7L rrc, v\ (L a' 74:. 122W 92%wa ,6;ch an,? 495 If 3 Vz? fw?vx?f" V: 7? I v9 IA (fax. giro /?2004 aql? ex .44 1A/w? m4); >44. E/me? ?vqfr Col/6V 1/ Cal/V?? 4A4 62W ayz Mar-qu 24 7/745). ?/aw j/gz?; Lrv?l?em? FWL [aw rag (295H173 Wa?ex Cuff [mm/E (20/0) gal/W10 A+u+ 55/ 77mm?, 50?: h/d/EK 77m)? 7714pr 64/4va law ?2 2006 ?r fie/my WRM Aug 49 My #24? arch/wok @hhwk .fVac. 74? ju?kv/f] .. - ixr- Emu-?rlf-I? I fk'liL/m (Ab-r H'j ?31" Fake?"v Wm hwf? My Qu?ihip Tm?f 13.7.? g; my?; aka/g4 912%; v9? M75. WM m?f 347?? W4. .40 cc?ln/ ?r1321 74? 6/30 x? J) ?ir?i?W?O- '1 fay/Zia,? vv/ f- A A27 jo??t/b?lj?ufrTV/OZOOCY ("Nada f1me nh7/' VI in I. IV g? 020/0 . I 24 dijzs/K/w Mgwga . a. -2 ..Z7 jn7J?thrg; A) - ?ora.? _FYJ?i?ff?f :nZAi?j??a VLW 74? _f?rfiif1/3134; .53- ?7 5 f4! Iv [Liz/6? 75 X?f? VJ. K2 - 7- - H70 35?77?5?003 ap??n?aw- 4sz van/?Ff hr'f Cu ?mL o4/ft 27/ 74,; m. w/ homey/W) M73 -- - Lab (4.4 744%. Lv/ . A JV, M41 ec?iv?w?m' 7n 7? F\\/aj i f. - -f .. 6/27a - ?u/nxu/ .. a (vamzm I @002 ?Vr/(Fc! ?yc. CfcaulM//01L/ yL/Uy Var.? D) 2 ff/7 aways? . 7 [/vq 6.429 r? #327? f7/ . e/ __aszL-644% _8/1F3f?jm/?L 40/645193?) f5? Q4122?wa mg 8:319 . 117/) 01%? Ar . 7 -r j" _froc;r,r . . i f? Tu? 1 ?er- ?47tajt?e7' _i j_ mfg; - [6 9M 5% #1 MEJ-z?oy f4 - .. 7 Z) __fz 7.4m _g ?f ??777 Wm 3?1727) :2?17? i?ff?a?idl 3:94:4er fag/?sz Kn. A ?3 Liza POW-ova. ?ir?f mm A jug; '1 f?z?lxm fKUf W??611_?__ij l, . - - .. IQ?n7l?nuqralym/ Wf/Zwyd f//h Cigo/e??pf/??zl? 2759?): foul/L; 5mm. ?lo/AM?, 2,97, . 14+" mum/LA) M77 if "[74 mm 777% $744 mo?g 7 ?ay 8:5064. 52009 . 5?7' We: A Jam Zld/? ??ccff- . of} KM k/ T/ki, 50 C7. [Ari A @317 rr 0? xix wq/ CA i//w FM -?7La7jv/l 0/4774 I. .1 Id ?ov?knv/ 7/20// 2901;. 2007 07/, ?W/fyz. 3. DieCK. Ss??mL m. 11;: i1 i3 ii i ir_ _Ilr_ 40"??er m, Var/A} Mf__ 59L): graph/gnaw :11; _?g/cjx HALL a1(_ 6L. [9-141 I Jim (2237 AW 'i I 27cm #673 Eyi? 4424+? 542+: W/i a y?avv d?CO?f .. . .. 5.6: MM 7919*? A 7 _i I i wail, 52/0 :70 ?afj 7 I K7 gay/If) 2 (75/ 7/21 7 {15? 177: ?39??ka a Mk M54 ?I?m/Va) 7? Izj/pJon #5075? 171/ ?if adj/{W - . 77? (/th 751/ Maw MPJMIM4LV 14% :Af - W??wo Marya - M4 JW Ef? ?42cm- Idem?) -- .- {47? bub/M froQ/y?- my? M155 0M: MW: ?7 "71% aw .rc; - i - bu, :Zrzj/V ?j?f/iff?/ WM a Ikbk/ /r7 we? Wm a: mam iD/My r37: 6/799?3 7) 7? W9 Kaye/x4 ?vmer7 Lav?x f/f/V 24" @1422 mm JoLk r4/_ zq/v7/ f4 (KGB/ice. iLx ?17,?,ch Tool?cmv #970 c) ?oce kw {of {arr/7(G/ 4/ Mb 5?27? $3 V0194 aeof/CCL 2" it"; 0M?7rd?r W?s/f 24mm??ch I. DAFQJ 1 . rw \sz?l? ?oz?okw 4'76! ?'ujffli 20/0 Lam. )3 ?zw, . f)mcoLMmJ Vac/aw? ?nick?fzwoo 2 Cale. fbyt/I/wz /}/000 cP/v?f (/14 20/0 v? ?c/N 01/ pm 4V7ka /00 l/m. ?7 ??Wm?-?Aia M/ch 3 if/z?Aaf7V a ftp? Ute/:5 ZuXku,? 4094b W574 ?72 1 xe/ww/ve Arm/vyax. A/hhfeh 0119/. Var/.va -_fwf.fcze.f/ Vc/z/z/ Viv fatlg-V/J' - {year??w? t/i- V?w . mm? mm wxff? 22;, I m, ,?g/acbx 0A Van; Viv/V2" a whim 4/0, w/vc, 3472;?? . . {we} ?o/vff are, Kf?ei 013%? Mia/JVde (Wang. ,1 ea MAN 2%?qu . new? V?s/th av? 9/ fear IV ?dmi?ch/ {gaff Va.? #076, 19/75?, ,m Mac, 747% cam/mow Aux; {(5.1741 20/" ly?QA?Kt?/?g? M, AP 4/96 ?mm f, 7 ?7 y?/V?f F?V?ne 374v- Verd-y? ~45; fl?) W: Iva} wave l?mq f/e 4' ?33" QM rug/4g 7/ .Va/Vt) c. . fvoffmfigmf?" (K ~7Z?f if'ag??: b?f?f f?cfrm/K ?'C/Aao/ng Afre, [7y legit/AV My 1 ?9 exiz?/?? 042022;? I 511% a . er- cab-L. 1/ 9 I?/7?f )1 a KI 0 Kant?a. of/ . /a . flux-J (raga/Fl?rfh?n) A//ro Vg( v/ J/xh? wet/we, I 5?71/r ?97 0 - Ma?e. 41-5763!? WWML My; an) Mb ?2m MK l6?2 H- 0' . {Ania/z; 97/ AV?rh 7A6 oiz junzw?ZS? 2H9 . \Vu??l 5? AVE 33306? A Yuma (\uw?x 1 W, 33 w? vaT\\.\tr? A vi . $9 48ka Na \i ?Puck 31$ mun 5% \r?smlw x?lqkiw ?Eva F3 om; . zam/ce. [?ux ?rm.er w; axe/m 2 V4 {Us} gr (/b/Vfmg; #27; a; $43171": ?n Wye-z Gh/I/?E/erg) Iszw/W yl 5% I . I kw erja?fi atVI/??Ay/W/?f #7421?, I7 0261/7 - #923 07/1/4 ,w ,wa f7?/y #420/ 54/?9/3. 7 if Aog? 14.7? per/M1 7% 0% vc?, or 4 a #km?rtc? gdwoAf/L, jT7lc, ?fZ?t/i/FK (/4535, AWL 71?09% . /Vv ?bl/6% cud/5A 7L4 kc, 714: ?wlv /V?vw AM OK, git/r? ow Ea [v.4 as. ?Lzuxx/W 077; c/ 07? fy/z?/i Cali/JTA/{aw 5' j??g?p?frgt/VL?V pd? 9 2.000 100$ .. I "av/w Maw fw .. ?p?f )1 J?s/w ma? 6,414+ 744 2w_ ?eavx Ca Auk/f I 1/4? Ara/(r 3305M . saw I ??vw Jab/um I f/Ff 1/fag/j {t?kdeoxj ?mfw?l- Co. .. ?wft/WL 0/ Tl . M29 .zat/L; flux?7IIW hila- . 6V- lax-cl.) var-c. wav- 1 . KMC 3 .??frtj Bad fr ?9 of?1 . Km - m7 . ?at??W 00/7/4x um1'47. {7/3 0 . 7'6- 3 I {9 >9 ?317? ?77 fp/F??b f0 0 'V'fj'c, (9 6 y/ 7 VII) (I 1. .l 5 4/ Vl/ )1:in {yr/7,19% 71/ W27) RA yjijf? v/W ?7l 9 [79? .4 ??77 .. #:7114 m/l?o? [7'47 (if 4W Ivy 4, )szv 4% 479? g: [m ?n 9 at 93%(9 774* Dr 0? V7 7 i 1Pr? 9n 0 :21] 7 5 My; oyj?I-rg: )4 J, EXS EX 5 Continued EX 5 Continued Ihe?ollowing list-represents documents typically compiled by employers .wit' I ?S?M?covered processes at their facilitii The PSM standard requires the employer to maintain some, but not all, of these documents. Therefore, the employer may not have all of these documents. Documents specifically required by an OSHA regulation are identi?ed Documents identified are documents that Will be requested after the Selected Unit is determined. In some cases, documentation may have been produced by a consultant or contractor. . All contract employee injury and illness logs as required by t/K. A list of all PSM?covered process/units in the complex. pea, c. A list of all units and the maximum intended inventorieschemicals (in pounds) in each of the listed units. Compliance Guidance: requires the employer to . have process safety infomation (PSI) for the maximum intended inventories of chemicals that are part of their PSM-covered processes. A. A summary description of the facility?s PSM program. Unit process flow diagrams*. Piping and instrumentation diagrams (P&le) including legends Unit Plot plans*. aye-5b?" t? J?s wt. Que-C Eek?- .?ruiT Unit Electrical classification diagrams*##. to ?l 1" fl?figq 51ml .. - Process narrative descriptions*. Descriptions of safety systems interlocks, detection or suppression systems) A Design codes and standards employed for in the Selected Unit (3). A list of- all workers hourly and supervisory) presently involved in operating the _Selected..Units(s) includingnames, .in titles, work shifts. start date in the unit, and the name of the person(s) to Whom they lA/eport (their supervisor)##. . The initial process hazard and the most recent yr; - I 7 2?70 0 update/"redo? or revalidation* for the Selected Unit this includes MW 5 ?7 PHA reports*, PHA worksheets*, actions to address findings and ?g (i f? 02 0/0 recommendations prompt1y*, written schedules for actions to be completed*, and documentation of ?ndings and recommendations*. Compliance Guidance: Any PHA performed after May 25, 1987 that meets the requirements of 1910.119(e) may be claimed by the employer the initial PHA for compliance purposes, see Safe unner and lower Operating limits for the Selected Unitlsl. Loci/1L4 >5 Weary? ?ve US. DEPARTMENT OF LABOR La borN et Resources-h i I ILE?rnloyee I. Back to the DEP PSM Page DOL.gov assay 'Oi?i? Ammonia Primary Primary/ Secondary PSM Inspection Priority List #2 I Regional-bl?ces - OSHA Directory A to Index Ammonia Primary PSM Inspection Priority List #2 Effective Date: July 26, 2010 State Offices Page of 3 IT Helpdesk Public Site EXTRAN ET Log Out Inspection Priority Item Yes, No, NA Possible Violations Comments Note: All RAGAGEPS listed are examples only - employers chose yr their own RAGAGEP. Wag- El. Has the employer performed testing on all compressor safety cutout switches? Compliance Guidance: ANSVIIAR 2-2008, Section 6.1.2.2 requires all positive displacement compressors to be equipped with high discharge temperature/low suction pressure and high discharge-pressure limiting devices. HAR Bulletin 110, Section 6. 3.3 requires that these be tested ye? /l/o if . ma. ?l (,1qu on T725711 War Rib?f, afghy Dir/+66 i I 36/0? who/x? protect refrigeration equipment such as, lines, valves and refrigeration coils from vehicular impacts? IIAR Process Safety Management Guidelines for Ammonia Refrigeration, 1995 Attachment 4A, Generic What-if/ Checklist tog Sheet ask about the possibility of vehicular impact. CCPS, "Guidelln as for Hazard Evaluation Procedures Ed, (1992) Appendix 5? contains a list of supplemental questions for hazard evaluations (aka. to help identify potential hazards. One of the questions in this list (8. 15, pg. 404) contains a similar question related to the installation of vehicle barriers to prevent impact to critical equrpment aojiacent to high tra??ic areas. /l/o pt ire-incl ma. Nice egg/Hi4 --. Request inspection records and procedures for all safety cutout switches compressors in the selected unit. Verify that all switch es have been tested at appropriate intervals. ,r of anb?t is Are there barriers or some other means of effective control to Qr or drag barriers l/Ilr?s Must?. solar-v - Hc?l'i In; 13 Lt. .8 E- 90.55} [?ll/lawns Does the refrigeration machine room contain an ammonia detector that is set at or below 300 if there is no continuous ventilation, or at or below 1000 if the room is equipped with a continuous ventilation system? Compliance Guidance: EPA ?5 Accident Prevention and Response Manual for Ammonia Refrigeration System Operators, March 2006, states that ammonia detectors in engine rooms should be set at or below 300 (will) to be protective. iiAR Bulletin 11.! section 3.5.1 states, "The typical recommended actuation level for emergency ventilation is 150 (50% of 1 Dairco?lLir in (?101. J'a?ll? e. J'vmhacr Golihw?? Additionally the discharge shall be terminated such that ammonia Will not spray directly on personnel and debris shall not enter the piping. if water baths are used, they must be protected from freezing. ?f3 Eben/Lu? o. 7' line i lileb-t {20! band's-m) the W: - 2, 2008 section 8.12 states that when mechanical ventilation systems are used, ammonia detectors shall alarm at 1000 ppm. Are all ammonia relief valves discharged to a safe location? ?3 ?ux? Compliance Guidance: 15?2004 Section 9.7.8 requires Y6 c; +u of? Pdea pressure relief discharges be directed 15 feet ago ve nod, 20 feet from a A I 5. window, ventilation, or building entry, into a water bath with 1 gallon of 5" . each pound of ammonia, or another system approved by the All]. 5? {5?2 5 6% cc. 9: 7. Are valve gasket materials consistent with valve manufacturers speci?cations and compatible with ammonia? Compliance Guidance: 2~2000 Section 10.3.1.2 states that, "Valve gasket materials shall match man ufacturer's specifications, be compatible with ammonia, and of the thickness speci'tie Yo; ://intranet.osha. .html (10(6) in; mi), Ijnikb?f on a Jamal have,? Gala/t jarun. i 17?"le ?#2706 ?y a 7/20/201 1 Ammonia Primary Primary/Secondary PSM Inspection Priority List #2 Page 2 of 3 Select ?ve valves. Request corresponding PSI, and installation procedures. Verify that appropriate gaskets were used. I 6 Do procedures for installing valvescontain speci?cations for proper if valves ?ak/i .7 to, i; torquing on flange bolts? are installed without I q? ?f . L, I adherence to proper torquing =9 ?1 ll.? :i ll psi?? Compliance Guidance: ANSVIIAR 2-2008, Section 10.3.1.2 states that"?ange bolts shall be torqued as indicated in the valve manufacturer's - installation documents. the procedures do 0?1} IV 5? not contain torquing and}. Select rive valves. Reqbest corresponding and installation procedures. specfiications, if the i .. Verily that the procedures contain information consistent with employer failed to verify that 'p ?1 I: '1 i i manufacturer's recommendations (or other RAGAGEP). the valves were installed ?hi m" {Mm A) is {apt maintenance personnel to determine if they are familiar with proper torquing pro pe rly consistent with 0 - . LY instructions. manufacturer's l" l} recommendations. . 7 Are there stop valves located between a pressure relief device and the part of the system being protected by the relief device? Mo I6 5 Compliance Gwdance: 152004, Section 9. 4.6, states, "Stop f?l~ ?2 Au? valves shall not be located between a pressure relief device and parts system protected thereby. A three way valve, used in conjunction with the I dual relief requirements of 9.7.2.3, is not considered a stop valve. a kl 3 -- Select film Check the PMD and the physical installation to 5 i GNU determine if stop valves are installed. I. A Luci Vol i A 8 Poes the employer have detailed procedures for each oil drain point if y" lad roc In the ammonia refrlgeratlon system? procedures don't most or are [a . not accurate; pros: a? r- I, 70?9"? Compliance Guidance: 22006:, Section 14.2.1 states, "Detailed ?9 IQ WC 2 operating procedures suitable for each drain point shall be provided for oil if procedures don't I Md. ih b) draining operations. Safety and personal protective equipment shall be have safety and health KV provided during the make note of up to Oil drainiqcatiggs. considerations; N9 fro C, 74 Aw. .?m?yj Request Oil draining procedures for each of these loca ions. Re view the . A procedures to ensure that they are suitable for each individual drain point. or if operators 0 i woperators to determine if procedures accurately represent are not adequately trained a M, pra ices. on the procedures II 2 3: [gm 9 Does the configuration of unit oil drain systems follow I ii Pol/{fich yj? 7% Marty Compliance Guidance: .2-2008, Section 1 4.2.3 lists allowable oil - . . - ., ,1 .. drain?systems. fill/J 1/1 alum ?5 I .2 i During the make note of up to 5 oil drain locations. Review '3 Patios and as built conditions for each to determine if they meet RAGA GERDoes the employer take appropriate remedial action when rust is 1 if procedures {Ty/i found on Piping and associated components during an inspection? 0 are inadequateViCtlcii/V?LJ' For Compliance Gurdance: HAR Bulletin 110. states} All Inspection i .K 1 uninsuiated piping and associated components such as flanges and supports proced ures a re not I i i rug).- 1 shall be inspected annually for any damage to or deterioration of the piping consistent with its protective finish; take remedial action where necessary. Areas a?ected by slight corrosion should be cleaned olir and appropriately treated before re? (5) If Inadequate re med lal installing the protective finish. Deeper pitting or loss of metal, where actions were ta ken considered by subjective assessment to be greater than 10% of original wall I I, 8' thickness should be checked accurately by using techniques such as CD Wongjj- d- ultrasonic u. (I i A ?ll?0M 10 in )r Request a copy of inspection and test procedures for piping and components. Interview employees to determine are rust is common ound. Examine maintenance records to verily proper treatment. interview employees to determine how rust has been handled in the past. Ammonia Secondary PSM Inspection Priority List #2 Effective Date: July 26, 2010 it Inspection Priority Item Yes, No, NA Possible Violations Comments Note: All RAGAGEPS listed are examples only - employers chose their own RAGAGEP. 1 Does the employer replace or inspect pressure relief valves on a - If there are regular schedule, at least every five years? no or inadequate procedures for PRV maintenance; 7/20/201 1 Amnionie Primary Primary/ Secondary PSM Inspection Priority List #2 Page 3 of 3 Compliance Guidance: IIAR Bulletin 109, Section 4.9.7 states, "Pressure relief valves discharging to atmosphere should be replaced or inspected, cleaned if PRV procedures and tested every live years of service. US. EPA Accident Prevention and don't follow Response Manual for NH3 Refrigeration System Operators states that PR Vs should be replaced on a regular schedule, at least every 5 years. (5) - if PRVs were not changed at their designated Request P51 for 5 PR Vs. Ensure that all were replaced in the previous 5 freq uency years. Request a copy of PR lr? maintenance procedures. Ensure that the procedure lists the PR replacement frequency and follows a RA GA GEP. 2 Are sight glasses fitted with functional internal check-type shutoff valves? I (175) Compliance Guidance: 2-2008, Section 1.2.1.2 states, "Linear liquid indicators (sight columns) shall be fitted with internal check-type shutoh? valves. 3 Are pipes and equipment that have cold surfaces insulated (when appropriate)? - Compliance Guidance: 2-2006; Section 14.3.1 states, "Suotion lines, low-temperature liquid lines, accumulators, surge drums and similar cold surfaces shall be insulated to prevent condensation and corrosion. Valve groups or equipment may he left uninsulated to accommodate service when insulation is sealed using vapor retarder. 4 Does the employer faliow manufacturers recommendations for if there are lubricating motors and drivers in ammonia service? . no procedures Compliance Guidance: IIAR Bulletin 110, Section 6.9 cautions that lubrication requirements may di?er for di?'erent pieces of equipment. Both over and under greasmg can be harmful Select up to live motors or drivers, and request the maintenance procedures and P51. Ensure the lubrication requirements are consistent with manufacturers recommendations. 5 When ammonia refrigeration piping is smaller than V: inches, does 1910.119 or if the PSI specify support and protection to prevent damage? PSI does not include requirements for support and Compliance Guidance: ANSVIIAR 2-2008, Section 10.2.3 states, "The use of protection; it: inch and smaller pipe is not recommended. Where the use of V2 inch and smaller pipe is required in the engineering design, it shall be adequately if there is no supported and/or protected to prevent damage. protection, and possible impact was not discussed in During the walkarouno} look for pipe that is smaller than is inch. Ensure that the any piping smaller than V2 inch is supported and protected in order to prevent damage. Request P51 for this piping, and check that specification for (j (5) If piping su ppo rt or supports and protection are included in the PSI. protection requirements are included In the PSI but not physically present LaborNet I DOL.gov I I IT Helpdesk I Security Emergency Management . 7/20/201 1 General Primary/ Secondary PSM Inspection Priority List #2 Page 1 of 3 US. DEPARTMENT OF LABOR LaborNet DOL.gov OSHA Directory AtoZIndex IT Helpdesk EXTRANET Log Out OSHA I i] clue-Retro accuses" one some Site some: one Back to the DEP PSM Page General Primary PSM Inspection Priority List #2 Effective Date: July 26, 2010 Inspection Priority Item Yes, No, NA Possible Violations Comments the: All RAGAGEPS listed are examples only employers chose their own RAGAGEP. 1 Has the employer informed contract employers of the speci?c . 111] We, locations of known potential ?re, explosion, or toxic release CV V??h 7 Co arm/7?? y; hazards related to the contractor's work and the process? Compliance Guidance: Identity two contractors currently working on the . C, . selected unit(s). Interview them to determine if the host employer informed .I. a? and provided information on specific locations within the unit where there ?9 ?1 are potential ?re, explosion, or toxic release hazards on the Selected Unit(s)? "f'r?x i a i 2 Has the employer maintained the two most recent compliance audit I If the reqorlts were not $1qu a,er fwd.? :2 reports for the selected unit(s). fr L) {game en 9 0. 9(0) I: hm; . - . Compliance Guidance: Request the two most recent compliance audit reports it}, it ?1 (0i ?j (44+ ado-Hr for the selected unit. took at the audit reports submitted to make sure they if the audit reports are 3.906 4. H1 - 'o 7? quality as a compliance audit under the deficient, then 1) Writes/mor? l? 3 Have all accidents that occurred in the past year had investigations initiated within 48 hours of the accident occurrence? 6 I (r Lb A Compliance Guidance: Dunhg employee inta identify accidents that [v4 A We, WK occur during oh?shrits and determine if an nvestrgation started within 48 Hr IL J. 5r- hour?g' ?11. 4 If new construction has occurred or is ongoing in the selected unit the equipment suitable for the process application? ?6 ?1 bw Compliance Guidance: During the walkaround loolr for new construction. Randomly select up to 10 pieces of equrpment being installed and ensure that there are speci?cations, and that the equipment meets these specifications. 5 Did the employer issue hot work permits for hot work operations 1910.1 1900(1); I conducted on or near the selected unit(s)? 1910.252(a) 01/566 air-j Compliance Guidance: Randomly select up to Work permits 7t 4 4 {it hot work is underway or it permits are retained under facility procedures). A a Mr Review the facility hot work program and maintenance and operations personnel to determine if: or . . l? I hot work permits are being issued when necessam 3' I ff,me I that the fire prevention and protection requiremend of29 CFR 1910.252(a) ha we been documented prior to beginning hot work operations, - - I that the deters) on which hot wont is pen?ormed is documented and . It: bag}? I that permits are kept on file at least untrl completion of the hot work operations. - - - H'l? Marl? ?rme- Note that employers are not required to retain permits once hot work rs - complete active permits may not be available for review if no hot worlr is being performed at the time of the inspection. 6 Was the compliance audit conducted by at least one person if two knowledgeable in the process? most recent audits not available Compliance Guidance: Review the last two compliance audits for the selected unit(s). Does the employer document that at least one compliance audit team member was credibly knowledgeable in the process? Such documentation rhciudes, butis not limited to, experience with unit operation, familiarity with unit process chemistry or engineering education and experience with this or similar units. 7 Does the employer update and revalidate the PHAs for the selected unit(s) by a team meeting the requirements of at least every 5 years? . 7/20/201 1 General Primary/Secondary PSM Inspection Priority List #2 Page 2 of 3 Compiian ce Guidance: requires that the PHA be performed by a team with expertise in engineering and process operations, and inciude at least one empioyee who has experience and kno wiedge spedhc to the process being evaiuated. Aiso, one member of the team must be kno wiedgeabie in the speci?ed PHA methodoiogy used. 8 Have contractors on the selected unit(s) advised the employer of unique hazards presented by the contract employer's work or hazards found by the contract employer's Compiiance Guidance: Interview contract empioyees: 1. to determine potentiai hazards presented by the contractors" work, and 2. hazards discovered by them dunng their work. Determine whether this information was passed on to the empioyer. Interview the unit operators to determine if they are aware of the hazards iearned about during the contract empioyee interwe ws. Yhis typicaiiy be a citation to the contractor rather than the empioyer. 9 Have employees involved in operating a process, and maintenance and contract emptoyees whose job tasks will be affected by changes been informed of, and trained in, changes prior to the start-up of process or affected part of process? Compiiahce Guidance: Request ?ve and interview ah?ected empioyees (inciudmg off shift empioyees) to determine that they have been trained. 10 Are the PHA resolutions for the Selected Unit(s) appropriate and do they adequately re?ect the hazardous condition(s) addressed in the recommendations? Are resolutions for speci?c recommendations suf?ciently I documented? i General Secondary PSM Inspection Priority List #2 Effective Date: July 26, 2010 Inspection Priority Item Yes, No, NA Possible Vioiations Comments Note: All RAGAGEPS listed are examples only empioyers chose their own RAGAGEP. 1 Does the employer maintain a contract employee injury and illness 1910.1 19(h)(2)(vi) log? . Comph'ance Guidance: Request a copy of the contractor injury and iog. Determine through interviews what the mechanism is for reporting of con tractor injuries in or aojiacent to the PSM covered process. Interview contract empioyees to determine if injuries are reported and iogged. 2 Does the employer update and revalidate the PHAs for the selected 1910.1 19(e)(6) unit(s) at least every 5 years? Compiiance Guidance: Determine the compietion dates for PHA ?5 performed in the seiected unit(s). Evidence of a proper PHA revaiidation inciudes, but is not iimited to, consideration of incidents (check 5 incidents) that have occurred MOCs (check 5-10 MOCs) that have been performed since the previous PHA, and that required eiements of the FHA have been considered hazards, consequences of faiiures, siting, human factors, and evaiuation of a range of safety and heaith effects)? Avaiiabie reference: CCPS, Revahdatihg Process Hazard Anaiyses, 2001. 3 During inspections of contractors, randomly select 5 contract 1910.1 employees. Did the contractor document these employees' training? . Does the documentation identify how the contractor verified the employees understanding of the training? 4 Do employers provide access to PHAs and all other information required to be developed under the standard? Compliance Guidance: Request and check the written employee particrpation pian of action required by to determine how empioyees are given access to the PHAs, use empioyee interviews to determine if the pian is foiio wed. I 7/20/20] 1 General Primary/ Secondary PSM Inspec? on Priority List #2 Page 3 of 3 5 Are fill-in operators appropriately trained before being assigned to operate a process? Compiiance Guidance: Check empioyee scheduies during employee vacao'on periods to detennine who was working for regoiariy assigned operators. 2. Detennine what training the employer requires for operators to work in speci?c positions (sod? as A Operator etc). Cross check the in operatoris training records to determine if the operator was quali?ed prior to tire assignment. 3. Check tire training records of new or non-regoia?ty schedoied empioyees to determine if their training was compiete prior to assignment. LaborNet I DOL.gov I I IT Helpdesk I Security 8: Emergency Management 7/20/20 1 1 ?32?x?m i SQ, . . ?fw? \Si Ed: 43 .09 {af433.963 mg? x? i Rs 1 xi Hwauw?. 33' Nk?w ?0 32$ I 1: . aqiu. \imR . . .. VNQAJ A- w. . meiwdu - . I ?xii 993$ ox . I s: tgiig: i?i Defac?"! Contumlnahon I . . . 1' "a oHlo MANUFACTURERS i0 Winchester (Adams?-S. Gen?Pop. 978) EAGLE CRUSHED STONE Div. of Hanson Aggregates North America 13526 Overstake Rd. (45697) phon 937) 442?6009 Fax.a(937) 442-2019 .hanson.com Gig??Bobby Roads off, Horvath Crushed iimesione stone quarrying Employs??34; IEstab.?1998 (est) Distrib.??Regional Publicly owned corporation AKA: Highland Stone Parent AggFegates North America, Irving, Phone??(972) 621-0345 See Parent Co. Section for full profile. MACA PLASTICS, no. 3455 Cross Rd. (45697) Phone?(937) 544-8618 Fax?4937) 544?7160 Email?scox macapiasticscom CEO?Andrew Colbertson Pres.??Greg Purvis . Hum. Res. Mgr.??Donna Smith Fin. Mgr. Hum. Res. Payroll Howeiett Piastic injection moiding 8: assembiy Em toys?100; 25,000 sq ft site, Privately owned corporation Windham 2,943) HAHBISON-WALKER HEFFIACTORIES Div. of ANH Refractories Co. 9686 E. Center St, P.O. Box 490 (44288-0490) Phone?(330) 326?2010 Fax?(330) 326-2169 Email?refractor hwr.com Pit. Mgr.?Dave Apthorpe - Hum. Res. Welcome Pur. Agt.?Paul Meadors Refractory products . Empioys?140; 305.000 sq ft site, Distrib.?lnti. Parent Refractories Cd. Moon Township. .PA Phone?(412) 375-6600 See Parent Co. Section for full profile. Windsor (AshtabuIa?N.E.?Pop. 2.243) HERSHBEFIGER MFG. 7584 Rockwood Rd., PO. Box 336 (44099 {inane?(440) 272-5555 ?it?(440) 272-5564 WWriteagIeforestry.com er ohn Hershberger 310?2443; ardwood paiiets Smploys?t 2; Estab.?1990 Ole ownership A: Eagle Forestry HILLSIDE 8552 Cox Rd. (44099) Phone?(440) 272-5425 Ptnr.??Timothy Miller Ptnr.??Norman Byler Wooden paiiets Empioys?7; Sales?under $500,000 Privately owned partnership HARDWOODS 8570 State Route 534 (44099) Phone?(440) 272-5085 Fax?(440) 272-5646 Finn?John Detweiler Finn?Martin Byiey Lumber processing Empioys?2; Estab.?1998 Sales?under $500,000 Distrib.?Local Privately owned partnership A ENTERPRISES, INC. 17881 Huntley Rd. (44099) Phone?(440) 636-5320 Fax?(440) 636-5320 Pres?James McGoWan A. McGoWan 2 Light emitting diodes Empioys?4; EstabI.??1 991 Sales?under $500,000 Distrib.?National .. Privately owned corporation SAWYEH LOGGING, INC. 7828 State Route 534, RC. Box 274 (44099) I Phone?(440) 272-5525 National?(888) 980-9663 Fax?(440) 974-8129 Pres.??Wiliiam M. Gubanyar Timber fogging Empioys?s; 977 Sales?under $500,000 Sole ownership SCALE ONE MFG, LLC 6861 Huntley Rd. (44099) Phone?(440) 272-5950 Owner?Theresa Gramugiia Manager?Angelo Gramuglia Generai machining job shop Employs-B; Estab.-.-1997 Sales?under $500,000 Limited Liability Company . WINDSOR STAIRS 7418 N. Wisweli Rd. (44099) Phone?(440) 272-5157 Owner?Dave Miller Wooden stairs - 'Empioys?2', Estab.?2007 Sales?under $500,000 (est) Sole ownership Winesburg 5,871) ALPINE CHEESE CO. Route 62 E., PO. Box 181 (44690) Phone?(330) 359-6291 Fax?(630) 359-0035 Pres?Robert Ramseyer Plt. Mgr.?Brian Barbey Lab Tech .?-Beth Richards opyright 2009 Manufacturers' News, Inc. Cheese processing Empioys?22; Estab.??1997 Saies?$5MII?$10Mil 50,000 sq ft site, Privately owned corporation CASE FARMS Div. of Case Farms, Inc. 1818 County Road 160, PO. Box 185 (44690) . Phone??(330) 359-7141 Fax??(330) 359-5751 Sai'es Boarman Pit. Nelson Hum. Res. Mgr.??Armando I Campos . Complex high?Chuck McDaniel Pouitry processing packing; Brand name?Amish Country Employs?420; Estab.?1987 30,000 sq ft site, Distrib.? Regional Privately owned corporation Parent Farms, Inc., Troutman, NC I I Phone?(704) 528-4501 See Parent Co. Section for full profile. GALION-GODWIN Div. of Godwin Mfg, Inc. 7415 Peabod -Kent Rd., PO. Box 208 (44690 Phone?(330) 359-5495 Fax?(830) 359-5660 Gin?Cari Wilson 3536; Steei dump truck bodies hoists - Empioys?51; 97,000 sq ft site, Distrib.?Inti. Privately owned corporation Parent co.?Godwin Mfg, Inc., Dunn, NC . See Parent Cd. Section for full pro?le. KENT ELASTOMER PRODUCTS, INC. 7369 Peabody-Kent Rd., RO. Box 186 (44690-0186) - Phone?(330) 359-5447 National?(800) 331-4762 Fax?(330) 359-5426 com Cred. Mgr.?C. Bebb Traf. Align?S. Reinhart Shpg. McRobie Rubber iatex-tubing - Empioys?180; Estab.?1960 42,000 sq ft site, Privately owned corporation Parent co.?Kent Elastomer Products, Inc., Kent, OH Phone?(330) 673-1011 See Parent Co. Section for full profile. INDUSTRIES, INC., Div. of Robin industries, Inc. 7227 Route 515, PO. Box 188 (44690) I Phone?(330) 359-5030 359-5672 Email?robinsales@robfn- industriescom V-P., GM?Dave Wingett Hum. Res. Mgr.?Meiissa Bahier Rubber automotive grommets Employs?100; 32,000 sq it sits, Distrib.?Nationai Privately owned corporation 1543 Parent co.??Robin Industries, Inc., Cleveland, OH Phone?(216) 9615810 See Parent Co. Section for full profile. COUNTRY EGGS Div. of Sander, R. W. 2648 Hi hway 62, PO. Box 165 (44690 Phone?(330) 359-5440 Ohio?(800) 860-5440 359-5774 Email?info@saudereggscom . GM?Wayne Troyer Sales Mgr.??Don Wise Hum. Res. Espenchrid . Gust. Serv. Mgr.?Trish Westfail Egg Empioys?GS; Estab.?197O Sales?under $500,000 20,000 sq ft site, Distrib.? Regional - Privately owned corporation Parent Inc., R. W., Lititz, PA Phone?(717) 626-2074 See Parent Co. Section for iuil profile. WEAVER PRODUCTS, INC. 2236 U.S. .Route 62, RC. Box 26 (44690) 359-5055 Fax?(330) 359-5585 Email?Chris Weaver Weaver Garage door weather seais 81 HVAC damper seais Empioys?Q; Distrib.??lnti. - Privately owned corporation WINESBURG MEATS, INC. - 2181 Route 62, PO. Box 202- (44690-0202) Phone?(330) 359-5092 Pres-Marion Pacula V?R?Anton Pacula Packaged meat products Empioys?Distrib.?Regional Privately owned corporation I Wintersville (Jefferson?S.E.??Pop. 4,102) A NI, INC. 1506 Fernwood Rd. (43953) Phone?(740) 264-6599 Fax?(740) 266-2953 Secy., Off. Mgr.??Linda Duke GM?Mike Gill Pur. Agt.?Pat Donohue Portabie amusement park rides Empioys?25; Estab.?1995 Sales?$5Mil?810Mil Distrib.?lntl. Privately owned corporation Also see: American Superior Lighting, same Ioc. AMERICAN SUPERIOR LIGHTING 1506 Fernwood Rd. (43953) Phone-(740) 266-2959 Fax?4740) 266-2953 Pres?Mike Off. High?Lynda Duke Pur. Donohue Establishment Search Results Case Farms Page 1 of 1 U.S. Department of Labor Public Site Advanced Search intranetoshagev Labornet I RegionNet Search:; on intranet Establishment Search Results Case Farms Details for the inspections listed below may be obtained in two ways. The first method is simply following the inspectibn activity number link. The second method is marking the check boxes for selected inspections and pressing the Get Detail button. Information relevent to the selected cases will be returned and may then be browsed or printed. For information on the data elements displayed below, see definitions. Please note that inspections which are known to be incomplete will have the identifying Activity Nr shown in italic. Information for these open cases is especially dynamic, e. violations may be added or deleted. Public Internet Detai! Check this box to obtain level of Inspection detail available to users. Then check individual inspection boxes and Click Get Detail. I - . Search Options I IEstablishmentII Date Range Limits Include IIExcludeI Case Farms 1972?07-01 2011?12?31 All OH 100/2500 Case Farms Found 8 -- Processed 8 -- Selected 8 Displayed 8 I Activity Opened RID Type Sc SIC NAICS Establishment Name 306544214 01/23/2004 0522500 El Planned IComp 2015 I311615 7 Case Farms, Inc. IIN146 000013670 I 112530456 03/12/2002 0522500 Cpl-i? UnprogRel Part 0251 2 I ICase Farms, Inc. N146 000013670 I I 018174797 10/15/1997 0522500 IPlanned - Part. 2015 Case Farms, Inc. N146 000013670 I I121913206 I 0522500 I): Complaint Part I 2015 Case Farms, Inc. N146 000013670 I 108975152 03/03/1995 0525011 on ICompIaint Part 2015 1 Case Farms, Inc. I N146 000013670 I [j IEII018014316 ?12/03/1991 II0522500 IE Complaint IIPart II2015 I IICase Farms, Inc. N146 000013670 I I 002337087 ?09/11/1991 0522500 I Complaint Part II2015 3 Case Farms, Inc. I N146 000013670 07/26/1988 II0522500 IComplaint IIPart I2015 I II6 IICase Farms, Inc. IN146 000013670 {@Back-to Top ww_w.osha.gov Contact Us I Freedom of Information Act I Customer Survey Privacy and Security Statement I Disclaimers Occupational Safety Health Administration 200 Constitution Avenue, NW Washington, DC 20210 intranet. osha. gov/cgi-bin/ est/ estl 1 00&1imitp:2 5 00&state=0. .. 7/22/2011 Establishment Search Results - Case Foods . Page 1 of 1 Department of Labor page are Advanced Search intranetesnagov I: Labornet RegionNet Searcm? on? nttanet Establishment Search Results - Case Foods Details for the inspections listed below may be obtained in two ways. The first method is simpiy following the inspection activity number link. The second method is marking the check boxes for selected inspections and pressing the Get Detail button. Information relevent to the selected cases will be returned and may then be browsed or printed. For information on the data elements displayed below, see definitions. Please note that inspections which are known to be incomplete will have the identifying Activity Nr shown in italic. Information for these open cases is especially dynamic, violations may be added or deleted. Public Internet Detail Check this box to obtain level of Inspection detail available to users. Then check individual inspection boxes and click Get Detail. I Search Options I IEstablishment" Date Range Limits Include ?Exciudel Case Foods Case Foods 1972~07~012011?12?31 All All 100/2500 Get Detaii Reset Found 11 -- Processed 11 Selected 0 -- Displayed 0 @Back to Top Contact Us Freedom of Information Act 1 Customer Survey Privacy and Security Statement I Disclaimers Occupational Safety Heaith Administration 200 Constitution Avenue, NW Washington, DC 20210 intranet. osha. gov/ cgi-bin/ est/ est 1 00&1imitp=2 5 00&state:ZZ. 7/22l201 1 Establishment Search Inspection Detai1 - OSHA View U.S. Department of Labor intranet.osha.goy' Labornet RegionNet Search:? . - Establishment Search Inspection Detail -- OSHA View In on Intranet r, .n .51.: remap-mi- mum?x - . M31136 . Advanced Search . .-. meat-gum"; - Inspection: 306544214 Case Farms, Inc. 1 Office: Columbus Nr: 306544214 Report ID: 0522500 Open: 01/23/2004 Case Farms, Inc. 1818 County Road 160 Winesburg OH 44690 NAICS: 311615/Poultry Processing SIC: 2015/Poultry Slaughtering and Processing Mailing: Po Box 185 Winesburg OH 44690 Nr Employees: 255 Nr Controlled: 1920 Union Status: NonUnion Planned Complete Private Health Health?Manufacturing N:sstar903 550 Inspection Type: Scope: Ownership: Safety/Health: Planning Guide: Emphasis: Opt Report Nr: Employees Covered: Advance Notice: 255 Hours Spent: 123.5 Close Conference Close 02/02/2004 Case: 05/21/2004 Optional Information: Type ID Value 19 HOLD 20 PP 05/08/04 3' 17?; Page 1 of 3 . 01001 Serious 19100023 C01 03/24/2004 04/26/2004 . 01002 Other 19100095 101 03/24/2004 04/26/2004 . 01003 Serious 19100120 Q08 I 03/24/2004 05/25/2004 . 01004 Serious 19100147 C06 I 03/24/2004 04/26/2004 . 01005 Serious 19100157 602 03/24/2004 04/26/2004 . 02001 Other 19100134 C02 I 03/24/2004 03/29/2004 . 02002 Other 19101200 E01 I 03/24/2004 04/26/2004 1750 2500 892.50 1275 892.50 1275 892.50 1275 892.50 1275 I 0 0 0 0 0 000000 Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 5 2 7 Current Violations 4 3 7 Initial Penalty 7600.00 7600.00 Current Penalty 4427.50 892.50 5320.00 Amount Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent I-Informal Settlement I?Informal Settlement I?Informal Settlement I?Informal Settlement I?Informai Settlement I?Informal Settlement I?Informal Settlement Payment and Administrative Actions 06544214&i=1 125 3045 6 6/29/2011 Establishment Search Inspection Delta-1'" - OSHA View Page 2 of 3 Penalty Debt Collection Due Date: 05/08/2004 Empr Phone: 330?359-7141 Payments -- 5320.00] 0.00 163 Nr Type . Date Penalty Fi'AOriginBalance 833079114 Payment 04/27/2004 5320.00 I InSpection: 112530456 - Case Farms, Inc. I I Office: Columbus I Nr: 112530456 Report ID: 0522500 Open: 03/12/2002 Case Farms, Inc. Nr Employees: 325 1818 County Road 160 Nr Controlled: 325 Winesburg OH 44690 Union Status: NonUnion SIC: DESI/Broiler, Fryer, and Roaster Chickens Mailing: Po Box 185 Winesburg OH 44690 Inspection Type: Unprog Rel Employees Covered: 325 Scope: Partial - Advance Notice: Ownership: Private Hours Spent: 8.5 Safety/Health: Safety Close Conference: 03/12/2002 Opt Report Nr: 652?02 Close Case: 04/19/2002 Optional Information: Type ID Value 20 PO . 01 XEISA .02 EISA Related Activity: Type ID Date Safety Health Complaint 203837125 02/28/2002 Yes Complaint 203837232 03/08/2002 Yes Violation Summary Serious Willful Repeat Other Unclass Totai Initial Violations 2 2 Current Violations 2 2 Initial Penaity 2475.00 2475.00 Current Penalty 1732.50 1732.50 F134 Amount Violation Items . ID Type Standard Issuance Abate AC Curr$ Init$ Fta$Contest LastEvent 1. 01001 Serious 19100022 A02 03/20/2002 04/22/2002 - 770 1100 0 I?Informal Settlement 2. 01002 Serious 19100023 A09 03/20/2002 03/27/2002 962.50 1375 0 I?Informal Settlement Payment and Administrative Actions Penalty Debt Collection Due Date: 04/11/2002 Empr Phone: 330-359?7 141 - 12530456 6/29/201 1 Establishment Search Inspection Deta?? - OSHA View Page 3 of 3 Payments 1732.50/ 0.00 163 Nr Type Date Penalty FTA Origin Balance 833071095 Payment 04/15/2002 1732.50 @Back to Top Contact Us I Freedom of Information Act I Customer Survey Privacy and Security Statement I Disclaimers Occupationai Safety Health Administration 200 Constitution Avenue, NW Washington, DC 20210 1253 0456 6/29/201 1 Establishment Search Results - Case "n15 Page 1 of 3 Pubiic Site .- Advanced Search 1 intranetosnagov Establishment Search Results - Case Farms Labornet RegionNet Seal-cm; 4'4 on intranet Details for the inspections listed below may be obtained in two ways. The first'method is simply following the inspection activity number link. The second method is marking the check boxes for selected inspections and pressing the Get Detail button. Information relevent to the selected cases will be returned and may then be browsed or printed. For- information on the data elements displayed below, see definitions. Please note that inspections which are known to be incomplete will have the identifying Activity Nr shown in italic. Information for these open cases is especially dynamic, violations may be added or deleted. Public Internet Detail Check this box to obtain level of Inspection detail available to users. Then check individual inspection boxes and Click Get Detail. [Establishm'entll Search Options I Date Range llRIDlIStateIl Limits Include ?Exclude! Case Farms 1972-07-01 2011-12?31 All All 100/2500 Case Farms 6/29/201 1 Get Detail? Found 49 -- Processed 49 -- Selected 45 -- Displayed 45 Activity Opened RID ?El Type Sc SIC Establishment Name . Case Farms, L.L.C. - Shelby Feed N098 . 1? 314338500 12/09/2010 0453730 Referral Comp 2048 311119 2 Mm 000034024 I 2 314807413 12/08/2010 0453720 NC Referral Part 2015 311615 4 Case Farms Processing, Inc. 3133300119 3 315114892 11/18/2010 0453720 NC Planned Comp 2015 311615 Case Farms, 383523 mm 783 4 315116822 11/18/2010 0453720 NC Pianned Comp 0254 112340 2 Case Farms, ?097 000023783 5 315114876 11/15/2010 0453720 Nc Planned Como 2015 311615 Case Farms Processing, Inc. 238300119 6 315114868 11/15/2010 0453720 NC Complaint Part 2015 311615 Case Farms Processing, Inc. 333300119 El 7 315116814 11/15/2010 0453720 NC Planned Comp 2015 311615 20 Case Farms Processing, Inc. .. - . N097 8? 315114611 11/10/2010 0453720 Planned Part 2015 311615 5 Case Farms Processmg, Inc. 000023758 El 9' 314780800 08/23/2010 1054114 OR Complaint Part 0139 1112.19 1 Bill Case Farms Inc 338347823 w_ N016 2 313219883 07/13/2009 0453710 Complaint Part 0259 112390 Case Farms 000066673 11 313056368 04/29/2009 0453720 NC Complaint Part 2015 311615 1 Case Farms, L.L.C. N097 000020665 T. N104 3 311780050 09/16/2008 1054114 3 Planned Comp 0139 111219 12 Blii Case Farms Inc 000047823 13 311780068 09/16/2008 1054114 OR ProgRelated Part 0139 111219 80: Case Farms Inc 3138347815 ll Imml ll ll ll Il?ll ll Page 2 of 3 Establishment Search Results Case ?118 14 310473715 10/03/2006 0453730 NC Planned Comp 2015 311615 8 Case Farms Processing, Inc. N093 . 000017558 310473756 10/03/2006 0453730 IE Planned Comp 2015 311615 5 Case Farms Processing, Inc. 3183317558 . I N016 I 16 309319119 11/23/2005 0453710 IE ACCldent Part 2015 311615 2 Case Farms of NC 000040353 {3 17 309319127 11/23/2005 0453710 NC Accident Part 2015 311615 1 Case Farms of Nc 16 000040353 N016 307906750 09/01/2004 0453710 N: Referral Part 2015 311615 1 Case Farms of Nc 000040353 - N016 19 307899781 07/01/2004 0453710 NC Complaint Part 2015 311615 Case Farms of NC 000040353 307404103 03/02/2004 0453730 NC Complaint Part 2015 311615 ICase Farms Processing, Inc. 333317558 . N016 2 307218289 02/11/2004 0453710 N: Complaint Part 2015 311615 Case Farms 0ch 000040353 22 306544214 01/23/2004 0522500 on Planned Comp 2015 311615 7 Case Farms, Inc. 3335513670 . [j 23 306675406 05/21/2003 0453730 NC Planned Comp 2015 311615 16 Case Farms Processing, Inc. 3333317558 . N098 306716929 05/21/2003 0453730 Planned Comp 2015 311615 16 Case Farms Processmg, Inc. 000017558 25 306143793 05/08/2003 0453710 NC Complaint Part 2015 112390 1 Case Farms of Nc N016 000040353 - - N146 112530456 03/12/2002 0522500 UnprogRei Part 0251 . 2 Case Farms, inc. 000013670 I N016 I: 2_7 305037236 01/09/2002 0453710 Referral Part 2015 Case Farms of Nc 000040353 N016 304263213 07/02/2001 0453710 Accident Comp 2015 Case Farms of NC 000040353 N098 304112444 12/11/2000 0453730 EIOther-L 8ch 2015 1 Case Farms, L.L.C. 000012788 . N016 303327530 02/18/2000 0453710 Complaint Part 2015 7 Case Farms of NC 000040353 N016 CI 31 125275156 06/09/1999 0453710 NC Pianned Comp 4221 2 . Case Farms, Llc, Inc 000039093 I N097 32 301929303 03/04/1998 0453720 Referral Part 2015 Case Farms Processing, Inc. 000005841 N146 3_3_ 018174797 10/15/1997 0522500 Planned Part 2015 Case Farms, Inc. 000013670 CI 34 300077989 05/28/1997 0453720 NC Complaint Part 2015 Case Farms Processing, Inc. N097 . 000000119 .2 N146 LI 2 121913206 05/29/1996 0522500 2 Complaint Part 2015 Case Farms, Inc. 000013670- - - . N146 108975152 03/03/1995 0522500 2 Complaint Part 2015 1 Case Farms, Inc. 000013670 37 0453710 FollowUp ?Part 2015 IICase Farms, Inc. 0453710 [3 38 018458091 12/03/1993 0453720 NC Complaint Part 2015 5 Case Farms Processing, Inc. 383500119 I018496539 Part 2015? I Case Farms, Inc. I 0453710 I 0453710IIComolaint Part II2015II I1 Case Farms Inc. 0453710 I [j II018492967 ?01/28/1993 0453710IIComolaint Part 2015? I7 Case Farms, Inc. 0453710 IDI 102931060 "07/28/1992 0420300IIComplaint Part II2015I I2 Case Farms . 0420300 . N146 LI 018014316 12/03/1991 0522500 Complaint Part 2015 I Case Farms, Inc. 000013670 ll?6/29/2011 Establishment Search Results - Case '?ns Page 3 0f 3 I . N146 002337087 09/11/1991 0522500 Compiamt Part 2015 3 Case Farms, Inc. 000013670 N146 103158340 07f26f1988 0522500 Complaint Part 2015 Case Farms, Inc. 000013670 @Back to Top Contact Us Freedom of Information Act Customer Survey Privacy and Security Statement I Disclaimers Occupationa! Safety Health Administration 200 Constitution Avenue, NW Washington, DC 20210 6/29/201 1 Establishment Search Results - Case Palms intranetoshagov U.S. Departm WW ent of Labor Labornet RegionNet Search: Page 1 of 3 Public Site Adva need Search Establishment Search Results Case Farms Details for the inspections listed below may be obtained in two ways. The first method is simply following the inspection activity number link. The second method is marking the check boxes for selected inspections and pressing the Get Detail button. Information relevent to the selected cases will be returned and may then be browsed or printed. For information on the data elements displayed below, see definitions. Please note that inspections which are known to be incomplete will have the identifyingActivity Nr shown in italic. Information for these open cases is especially dynamic, e. violations may be added or deleted. Public Internet Detail Check this box to obtain level of Inspection detail available to users. Then check individual inspection boxes and click Get Detail. Search Options IEstablishmen?l Date Range l RIo 5tatel Limits Include ?Excludel Case Farms 1972-07-01 2011-12-31 All All 10 0/2500 Case Farms intranet. osha. gov/cgi~bin/est/ estl 00&limitp=25 00&state=ZZ. .. 7/22/201 1 I Get Detail Found 50 rm Processed 50 -- Selected 46 Displayed 46 Activity Opened RID Type Sc Establishment Name 1 315660399 07/12/2011 1054113 OR Planned NoIn 0139 111219 Bill Case Farms Inc N105 000050315 Case Farms, L.L.C. Shelby Feed N098 a 314338500 12/09/2010 0453730 13 Referral Comp 2048 311119 2 Mi? 000034024 a314ao7413 12/08/2010 0453720 Referral Part 2015 311615 4 Case Farms Processing, Inc. 383500119 2 we . 0097 3315114892 11/18/2010 0453720 Planned Comp 2015 311615 Case Farms, 000023783 H- N097 5? 315116822 11/18/2010 0453720 Planned Comp 0254 112340 2 Case Farms, 000023783 6 315114876 11/15/2010 0453720 NC Planned Comp 2015 311615 13 Case Farms Processing, Inc. 333500119 El, 7 315116814 11/15/2010 0453720 NC Planned Comp 2015 311615 20 Case Farms Processing, Inc. 383323758 8 315114868 11/15/2010 0453720 NC Complaint Part 2015 311615? Case Farms Processing, Inc. 333300119 . N097 315114611 11/10/2010 0453720 Elf? Planned Part 2015 311615 5 Case Farms Processmg, Inc. 000023758 10 314780800 08/23/2010 1054114E Complaint Part 0139 111219 1 Bill Case Farms Inc 338347823 N016 l: 11 313219883 07/13/2009 0453710 El: Complaint Part 0259 112390 Case Farms 000066673 . N097 E1 313056368 04/29/2009 0453720 5: Complaint Part 2015 311615 1 Case Farms, L.L.C. 000020665 {3 E311780050 09/16/2008 1054114 OR Planned Comp 0139 111219 12 Bill Case Farms Inc 333347823 t?1r?1l II II lr?1l Establishment Search Results - Case Farms Page 2 of 3 14 311780068 09/16/2008 1054114 OR Pro Related Part 0139 111219 Bill Case Farms Inc ?104 9 000047815 006 0453730 NC Pl 2015 311615 8 se Farms Processin Inc N098 15 31047371 10/03/2 anne omp a g, . 000017558 . N098 El 16 310473756 10/03/2006 0453730 NC Planned Comp 2015 311615 5 Case Farms Processmg, Inc. 000017558 . N016 17 309319119 11/23/2005 0453710 ACCldent Part 2015 311615 2 Case Farms of Nc 000040353 309319127 11/23/2005 0453710 NC Accident Part 2015 311615 1 Case Farms 6ch N015 000040353' 2 I - N016 is .E 19 307906750 09/01/2004 0453710 Ni Referral Part 2015 311615 1 Case Farms of NC 000040353 20 307899781 07/01/2004 0453710 NC Complaint Part 2015 311615 Case Farms of Nc N016 000040353 . . N098 21 307404103 03/02/2004 0453730 NC Complalnt Part 2015 311615 Case Farms Processmg, Inc. 000017558 . - N016 307218289 02/11/2004 0453710 Compaamt Part 2015 311615 Case Farms 6ch 000040353 5? N146 23 306544214 01/23/2004 0522500 Planned Comp 2015 311615 7 Case rarms, Inc. 000013670 . N098 Ll 24 306716929 05/21/2003 0453730 Planned Comp 2015 311615 16 Case Farms Processmg, Inc. 000017558 25 306675406 05/21/2003 0453730 NC Planned Comp 2015 311615 16 Case Farms Processing, Inc. 3183317558 306143793 05/08/2003 0453710 NE Complaint Part 2015 112390 1 Case Farms of NC 000040353 -- N146 [1 2:71 112530456 03/12/2002 0522500 onprogRel Part 0251 2 Case Farms, Inc. 000013570 4. .. N016 305037236 01/09/2002 0453710 Referrai Part 2015 Case Farms of Nc 000040353 . . N015 29 304263213 07/02/2001 0453710 Accident Comp 2015 Case Farms of NC 000040353 N098 [l 30 304112444 12/11/2000 0453730 Other-L 2015 1- Case Farms, L.L.C. 000012788 . N016 Lat 31 303327530 02/18/2000 0453710 Complalnt Part 2015 7 Case Farms och 000040353 32 125275156 06/09/1999 0453710 NC Planned Comp 4221 2 Case Farms Llc, Inc N016 000039093 33 301929303 03/04/1998 0453720 NC Referral Part 2015 Case Farms Processing, Inc. 383505841 . N146 i 018174797 10/15/1997 0522500 L0: Planned Part 2015 Case Farms. Inc. 000013670 35 300077989 05/28/1997 0453720 NC Complaint Part 2015 Case Farms Processing; IHC- N097 =4 - 000000119 36 121913206 05/29/1996 0522500 Compiaint Part 2015 Case Farms Inc N145 c_a 000013670 .- N146 [j 3: 108975152 03/03/1995 0522500 Complamt Part 2015 1 Case Farms; Inc-- 000013670 38 111144119 01/20/1994ll0453710 FollowUp Part 2015 1 lCase Farms, Inc. ?0453710 [1 39 018458091 12/03/1993 0453720 NC Complaint Part 2015 5. Case Farms Processing, 3183300119 ?Part [2015? Farms, Inc ?04537.10 ?Part ?2015? llCase Farms Inc. ?0453710 ?Part "2015? llCase Farms, Inc. 0453710 ?Wart ?2015? llCase Farms 0420300 I ll?7/22/ 201 1 Establishment Search Results Case mes I Page 3 of 3 I i I N146 018014316 12(03/1991 0522500 OH Complaint Part 2015 Case Farms, Inc. 000013670 Ti 45 002337087 09 11 1991 0522500 OH Part 2015 3 Case Farms Inc N146 1 omp - I 000013670 . . N146 103168340 07/26/1988 0522500 Complaint Part 2015 Case Farms, Inc. 090013670 @jBack to Top Contact Us Freedom of Information Act Customer Survey Privacy and Security Statement Disclaimers Occupational Safety Health Administration 200 Constitution Avenue, NW Washington, DC 20210 7/22/ 201 1 Establishment Search Inspection Deta? OSHA View intraneteetta as; ww?xric?mm-?wmym?pm-m925-1 . . US. ?epartment of Labor Labornet I RegionNet Search: an intranet Establishment Search Inspection Detail -- OSHA View Public Site Advanced Search Page 1 of 10 I Inspection: 314338500 Case Farmsr L.L.C. - Shelby Feed Miil I I Office: NC Charlotte I Nr: 314338500 Report ID: 0453730 Open: 12/09/2010 Case Farms, L.L.C. - Shelby Feed Mill Nr Employees: 29 1524 Airport Rd Nr Controlled: 2400 Shelby, NC 28150 Union Status: NonUnion SIC: 2048/Prepared Feeds, Nec NAICS: 311119/Other Animal Food Manufacturing Box 308 Morganton NC 28680 Inspection Type: Referral Employees Covered: 29 Scope: Complete Advance Notice: Ownership: Private Hours Spent: 36.5 Safety/Health: Safety Close Conference: 12/22/2010 Planning Guide: Safety~Manufacturing Close Case: 03/14/2011- Emphasis: S:Program Improvements Opt Report Nr: 2811 Optional Information: Type ID Value 01 1.0 03 18 05 06 01/25/11 07 02/17/11 10 01/14/11 Related Activity: Type ID Date Safety Health Referral 202569315 12/03/2010 Yes Violation Summary Serious Witlful Repeat Other Unclass Total Initial Violations 2 2 Current Violations 2 2 Initial Penalty 825.00 825.00 Current Penalty FTA Amount Violation Items .10 Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Other 19100253 804 01/07/2011 01/12/2011 I 0 0 0 2. 01002 Other 19101200 F0521 01/07/2011 01/12/2011 I 0 825 0 I?Informal Settlement 3 14892&i=3151 10/24/2011 Establishment Search Inspection Detail OSHA View Payment and Administrative Actions Empr Phone: 704487-6099 Page 2 of 10 A Warning: The foiiowing inspection has not been indicated as ciosed. Piease be aware that the information shown may change, e.g. violations may be added or deleted. Office: No Winston-Salem - Inspection: 314807413 - Case Farms Processing, Inc. Nr: 314807413 Report ID: 0453720 Open: 12/08/2010 121 Rand Street Morganton NC 28655 Case Farms Processing, Inc. SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Poultry Processing Mailing: P.O. Box 308 Morganton NC 28680 Nr Employees: 550 Nr Controlled: 2400 Union Status: NonUnion Inspection Type: Scope: Ownership: Safety/Health: Planning Guide: Opt Report Nr: Partial Safety Referral Private Safety-Manufacturing 018?11 Employees Covered: 550 Advance Notice: Hours Spent: 527.7 Close Conference: 05/05/2011 Close Case: mint/1mm Optional Information: Type ID Value 20 CONTESTED 06/21/11 03 nouns 05 y(sec OF STATE) 06 05/12/11 07 05/31/11 NCL 10 05/09/11 Related Activity: Type ID Date Safety Health Referral 200301877 12/02/2010 Yes Violation Summary 2. 01002 Serious 19100119 E05 4. 01004A Serious 19100120 Q01 1. 01001 Serious 19100119 D03 II 05/06/2011 06/22/2011 3. 01003 Serious 19100119 304 II 05/06/2011 06/22/2011 3250 3250 05/06/2011 06/22/2011 3250 3250 3250 3250 05/06/2011 06/22/2011 3250 3250 0 06/21/2011 0 06/21/2011 0 06/21/2011 0 06/21/2011 Serious Willful Repeat Other Unclass Total Initial Violations 4 4 Current Violations 4 4 Initial Penalty 13000.00 13000.00 Current Penalty 13000.00 13000.00 FTA Amount Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent 10/24/201 1 Establishment Search Inspection Detaii OSHA View - Page of 10 5. 010043 Serious 19100120 Q06 05/06/2011 06/22/2011 0 0 0 06/21/2011 - Payment and Administrative Actions Empr Phone: 8284386900 I Inspection: 315114892 - Case Farmsr I I Office: No Winston-Salem I Nr: 315114892 Report ID: 0453720 Open: 11/18/2010 I Case Farms, I Nr Employees: 21 5067 Foreman St. Nr Controlled: 21 Morganton NC 28655 Union Status: NonUnion SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Poultry'Processing Mailing: PO. Box 308 Morganton NC 28680 Inspection Type: Planned Employees Covered: 21 Scope: Complete Advance Notice: Ownership: Private Hours Spent: 3.3.5 Safety/Health: Safety Ciose Conference: 12/06/2010 Planning Guide: Safety-Manufacturing Close Case: 12/07/2010 . Opt Report Nr: 045?11 I Inspection: 315116822 Case Farms, I I Office: No Winston~Salem I Nr: 315116822 Report ID: 0453720 Open: 11/18/2010 Case Farms, Lic Nr Employees: 21 5067 Foreman St. Nr Controiled: 2400 Morganton NC 28655 Union Status: NonUnion SIC: 0254/Pouitry Hatcheries NAICS: 112340/Poultry Hatcheries Mailing: P.O. Box 308 Morganton NC 28680 Inspection Type: Planned Employees Covered: 21 Scope: Complete Advance Notice: N. Ownership: Private Hours Spent: 18.0 Safety/Health: Health Close Conference: 12/06/2010 Planning Guide: Health-Manufacturing Close Case: 01/03/2011 Emphasis: S:Program Improvements Opt Report Nr: 019~11 Optional Information: Type ID Value 01 NA 02 OBTAINED 03 15 05 VERIFIED 10/24/2011 Establishment Search Inspection Detail-~- OSHA View 10 12/08/10 Violation Summary Serious Willfui Repeat Other Unclass Totai Initiai Violations 2 2 Current Violations 2 2 Initial Penalty Current Penalty FTA Amount Page 4 of 10 Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Other 19100146 C01 12/07/2010 01/04/2011 0 0 0 2. 01002 Other 19100146 C02 12/07/2010 12/10/2010 I 0 0 0 Payment and Administrative Actions Empr Phone: 828-438-6900 1 Inspection: 315114876 - Case Farms ProcessingJr Inc. Office: No Winston?Salem Nr: 315114876 Report ID: 0453720 Open: 11/15/2010 121 Rand Street Case Farms Processing, Inc. Morganton NC 28655 SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Poultry Processing Mailing: PO. Box 308 Morganton NC 28680 Nr Employees: 615 Nr Controlled: 2400 Union Status: NonUnion Inspection Type: Scope: Ownership: Safety/Health: Planning Guide: Opt Report Nr: Optional Information: Type ID Value Planned Empioyees Covered: 615 Complete Advance Notice: Private Hours Spent: 75.0 Safety Close Conference: 12/06/2010 Safety~Manufacturing Close Case: 05/17/2011 03 78 05 VERIFIED 06 01/24/11 07 02/02/11 08 02/17/11 10 01/20/11 Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 4 10 14 Current Violations 3. 10 13 14338500&i=31480741 3851:3151 14892&i=3 15 11 6822851 10/24/2011 Establishment Search Inspection Detail OSHA View - Page 5 of 10 Initial Penalty 15525.00 15525.00 Current Penalty 7841.25 7841.25 PTA Amount Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent . 19100178 L04 - I?Informai 1. 01001 Serious HB 01/19/201101/24/2011 I 1657.50 1950 0 Settlement . I?Informal 2. 01002 Serious 19100212 A01 01/19/2011 01/24/2011 I 828.75 975. 0 Settiement . I?Informal 3. 01003 Serious 19100304 F04 01/19/2011 01/24/2011 I 5355 6300 Settlement . I?Informa! Deleted 4. 01004 Serious 19100305 102 II 01/19/2011 03/08/2011 0 6300 0 Settlement 5. 02001 Other 19100023 C01 0-1/19/2011 01/24/2011 I 0 0 0 - 6. 02002 Other 19100023 D01 01/19/2011 01/24/2011 I 0 0 0 P-Petition to Mod 7. 02003 Other 19100147 C0411 01/19/2011 04/19/2011 0 0 0 Abate 8. 02004 Other 19100157 C01 01/19/2011 01/24/2011 I 0 0 0 9. 02005 Other 19100157 C04 01/19/201101/24/2011 I 0 0 0' 10. 02006 Other 19100303 - 01/19/2011 04/19/2011 0 0 0 11. 02007 Other 601- 01/19/2011 01/24/2011 1 0 0 0 - 12. 02008 Other 19100305 8011 01/19/2011 01/24/2011 I 0 0 - 13. 02009 Other 19100305 802 01/19/2011 01/24/2011 I 0 0 0 14. 02010 Other 11330305 601 01/19/2011 01/24/2011 I 0 0 0 Payment and Administrative Actions Empr Phone: 5328?4386900 Payments -- 7841.25/ 0.00 163 Nr Type Date Penaity FTA Origin Balance 508060860 Payment 02/24/2011 7841.25 I Inspection: 315116814 - Case Farms ProcessingJr Inc. 1 Office: No Winston-Salem Nr: 315116814 Report ID: 0453720 Open: 11/15/2010 Case Farms Processing, Inc. Nr Employees: 615 121 Rand Street Nr Controlled: 3000 Morganton', NC 28655 . Union Status: NonUnion SIC: 2015/Poultry Siaughtering and Processing NAICS: 311615/Poultry Processing Mailing: Po Box 308 Morganton NC 28680 Inspection Type: Planned Empioyees Covered: 615 Scope: Complete Advance Notice: 10/24/2011 Establishment Search Inspection Detail OSHA View Page 6 of 10 Ownership: Private Hours Spent: 127.5 Safety/Health: Heaith - Close'Conference: 12/06/2010 Planning Guide: He'aith?Manufacturing Close Case: 03/14/2011 Emphasis: Improvements,S:Sst,S:Chromium Opt Report'Nr: 018?11 I Optional Information: Type ID Value - 02 BLOOD 01 NA 02 OBTAINED 03 106 05 VERIFIED . 06 01/24/11 07 02/02/11 08 02/1'7/11 10 01/20/11 12 HEALTH HAZARDS PROG IMPROVEMENT Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 2 18 20 Current Violations 2 18 20 Initial Penalty 5200.00 5200.00 Current Penalty 3900.00 3900.00 Fm Amount Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent 01001 Serious 19100151 01/19/2011 02/14/2011 1462.50 1950 0 I?Informai Settlement 01002 Serious 19101030 F021 01/19/2011 02/14/2011 2437.50 3250 02001 Other 19100023 A0811 01/19/2011 01/24/2011 I 0 02002 Other 19100037 802 01/19/2011 01/24/2011 02003 Other. 19100037 804 01/19/2011 03/07/2011 02004 Other 19100101 A 01/19/2011 01/24/2011 02005 Other 19100101 8 01/19/2011 '01/24/2011 02006 Other 19100106 D07 01/19/2011 02/14/2011 02007 Other 19100134 C02 1 01/19/2011 02/14/2011 . 02008 Other 19100141 A04 I 01/19/2011 02/14/2011 . 02009 Other 19100146 C01 01/19/2011 02/14/2011 . 02010 Other 19100146 C02 01/19/2011 02/14/2011 . 02011 Other 19100146 604 01/19/2011 03/07/2011 . 02012 Other 19100253 802 IV 01/19/2011 01/24/2011 . 02013 Other 19100253 80411101/19/2011 01/24/2011 . 02014 Other 19101026 D01 01/19/2011 02/14/2011 .02015 Other 19101030 01/19/2011 03/07/2011 . 02016 Other 19101200 801 I 01/19/2011 02/14/2011 . 02017 Other 191012001305 01/19/2011 01/24/2011 . 02018 Other 19101200 608 01/19/2011 02/14/2011 I?Informai Settlement HH i-?O l?I. LO I Payment and Administrative Actions 10/24/201] . . I I Establishment Search Inspection Detail OSHA View Page 7 of 10 Empr Phone: 828438?6900 Payments -- 3900.00/ 0.00 163 Nr Type Date Penalty PTA Origin Balance 508060860 Payment 02/24/2011 3900.00 I Inspection: 315114868 - Case Farms Processing, Inc. I I Office: No Winston-Salem I Nr: 315114868 Report ID: 0453720 Open: 11/15/2010 Case Farms Processing, Inc. Nr Employees: 615 121 Rand Street Nr Controlled: 2400 Morganton NC 28655 Union Status: NonUnion SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Poultry Processing Mailing: PO. Box 308, Morganton NC 28680 Inspection Type: Complaint Employees covered: 350 Scope: Partial Advance Notice: Ownership: Private Hours Spent: 17.0 Safety/Health: Safety Close Conference: 12/06/2010 Planning Guide: Safety-Manufacturing Close Case: 12/07/2010 Opt Report Nr: 042~11 Optional Information: Type ID Value 03 12 05 VERIFIED Related Activity: Type ID Date Safety-Health Complaint 208110296 10/29/2010 Yes .. Warning: The following inspection has not been indicated as dosed. Piease be aware that the information shown may change, e. g. vioiations may be added or deieted. . I Inspection: 315114611 - Case Farms Processing, Inc. I I Office: No Winston?Salem I Nr: 315114611 Report ID: 0453720 Open: 11/10/2010 Case Farms Processing, Inc. - Nr Employees: 615 121 Rand Street Nr Controlled: 3000 Morganton NC 28655 Union Status: NOnUnion SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Poultry Processing Mailing: Po Box 308 Morganton NC 28680 Inspection Type: Planned - Employees Covered: 615 Scope: Partial Advance Notice: Ownership: Private Hours Spent: 1738.0 Safety/Health: Health Close Conference: 05/04/2011 10/24/2011 Establishment Search Inspection Detail OSHA View . Page 8 of 10 Planning Guide: Health-Manufacturing Close Case: Emphasis: N:Pouitry,N:Rknep Opt Report Nr: 031-11 Optional Information: Type ID Value 20 CONTESTED 06/17/11 03 HOURS 05 OF STATE) 06 {35/12/11 07 05/31/11 NCL 10 05/09/11 Violation Summary Serious Witlful Repeat Other Unclass Total Initial Violations 5 5 Current Violations 5 Initial Penalty 35000.00 35000.00 Current Penalty 35000.00 35000.00 FTA Amount Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Other 19040004 A 05/06/2011 05/18/2011 7000 7000 0 06/17/2011 - 2. 01002 Other-19040007 803 05/06/2011 05/18/2011 7000 7000 0 06/17/2011 3. 01003 Other 19040007 804 05/06/2011 05/18/2011 7000 7000 '0 06/17/2011 - 4. 01004 Other 19040029 803 05/06/2011 05/18/2011 7000 7000 0 06/17/2011 - 5.01005 Other 19040030 A {15/06/2011 05/11/2011 I 7000 7000 0 06/17/2011 Payment and Administrative Actions Ernpr Phone: 828-438?6900 I Inspection: 313219883 - Case Farms I Office: NC Raleigh Nr: 313219883 Report ID: 0453710 Open: 07/13/2009 Case Farms Lic Nr Employees: 713 121 Rand Street Nr Controlted: 713 Morganton NC 28655 Union Status: NonUnion SIC: 0259/Poultry and Eggs, Nec NAICS: 112390/Other Poultry Production Inspection Type: Complaint - Employees Covered: 51 Scope: Partial Adyance Notice: Ownership: Private Hours Spent: 26.0 Safety/Health: Safety . . Close Conference: 07/22/2009 Migrant: Migrant Close Case: 08/27/2009 Opt Report Nr: 003~10 Optional Information: Type ID Value i 10/24/2011 Establishment Search Inspection Detail OSHA View Page 9 of 10 09 TLC Related Activity: Type .ID Date Safety Health Complaint 207308925 07/02/2009 Yes I Inspection: 313056368 Case Farms,r L.L.C. I 1 Office: NC Winston-Salem Nr: 313056368 Report ID: 0453720 Open: 04/29/2009 Case Farms, L.L.C. N'r Employees: 745 121 Rand'Street Nr Controlled: 3000 Morganton 28655 Union Status: NonUnion SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Poultry Processing Mailing: Po Box 308 Morganton 3 NC 28680- Inspection Type: Complaint I Employees Covered: 60 Scope: Partial Advance Notice: - Ownership: Private Hours Spent: 59.0 Safety/Health: Health Ciose Conference: 05/19/2009 Opt Report Mr: 006- 10 Close Case: 09/09/2010 Optional Information: Type ID Value 20 CONTESTED 7/7/09 03 HOURS 05 OF STATE) 06 05/29/09 07 06/12/09 10 05/22/09 Related Activity: Type ID Date Safety Health - Complaint 207145566 04/27/2009 Yes Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 1 1 Current Violations 1 1 Initial Penalty 2275.00 2275.00 Current Penalty 1990.63 - - 1990.63 FTA Amount Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEve'nt 1. 01001A Serious 19101000 A02 05/20/2009 06/30/2010 1990.63 2275 0 07/07/2009 J-ALJ Decision 2. 010018 Serious 19101000 05/20/2009 06/30/2010 0 0 0 07/07/2009 Decision Payment and Administrative Actions Empr Phone: 828-438~6900 Payments -- 1990.63] 0.00 10/24/2011 Establishment Search 1n3pection DetaiI OSHA View - Page 10 of 10 163 Nr Type Date . Penalty Origin Balance 508058195 Payment 05/10/2010 1990.63 508054723 Refund 07/09/2009 1990.63 508054582 Payment 06/26/2009 1990.63 @Back to Top Contact Us 1 Freedom of Information Act Customer Survey Privacy and Security Statement 1 Disclaimers Occupational Safety Heaith Administration 200 Constitution Avenue, NW Washington, DC 20210 10/24/2011 Establishment Search Inspection Detai? OSHA View Errtranetxesi'ragar. US. Separtment of Labor Labornet RegionNet Search: . -. Lars 31-..- xM-ma .5.- Establishment Search Inspection Detail -- OSHA View on lntranet- I Page 1 of 3 SHA Put/?it) Site Advanced Search I Inspection: 310473715 - Case Farms Processing, Inc. 1 Officei Nc Charlotte Nr: 310473715 Report ID: 0453730 Open: 10/03/2006 Case Farms Processing, Inc. 121 Rand Street Morganton NC 28655 SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Pouitry Processing Mailing: PO. Box 308 Morganton NC 28680 Nr Employees: 700 Nr Controlled: 1900 Union Status: NonUnion Inspection Type: Scope: Ownership: Safety/Health: Planning Guide: Emphasis: Opt Report Nr: Planned Employees Covered: 700 complete Advance Notice: Private Hours Spent: 47.5 Safety SafetyHManufactu ring SzPrograrn Improvements 044~07 Close Conference: 10/04/2006 Close Case: 01/24/2007 Optional Information: Type ID Value Serious . 0100213 Serious 02001 Other . 02002 Other . 02003 Other 02004 Other . 01001 Serious 95012901 19100304 F04 19100305 (302 II 19100219 C021 19100303 19100304 A02 19100305 [301 10/13/200611/08/2006 812 812 10/13/200610/25/2006 813 813 10/13/200610/25/2006 0 0 10/13/200610/18/2006 1 0 0 10/13/200610/25/2006 0 0 10/13/200610/25/2006 0 0 10/13/200610/25/2006 0 0 715&i=310473 756 02 560751341 03 HOURS 05 STATE) 8 10 10/17/06 Violation Summary Serious Wiliful Repeat Other Unclass Total Initial Vioiations 2 6 8 Current Violations 2 6 8 Initial Penalty 1625.00 1625.00 Current Penalty 1625.00 1625:00 FTA Amount Violation Items ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent 0 10/24/2011 . Establishment Search Inspection Detail OSHA View Page 2 of 3 8. 02005 Other 19100305 E502 10/13/2006 10/25/2006 0 0 0 9. 02006 Other 19100305 (302 10/13/2006 10/25/2006 0 0 0 Payment and Administrative Actions Empr Phone: 828437?5205 Payments 1625.00/ 0.00 163 Nr Type Date Penalty Origin Balance 501048466 Payment 01/23/2007 1625.00 1 Inspection: 310473756 Case Farms Processing, Inc. I 1 Office: NC Charlotte I Nr: 310473756 Report ID: 0453730 Open: 10/03/2006 Case Farms Processing, Inc. Nr Employees: 700 121 Rand Street Controlled: 1900 Morganton NC 28655 Union Status: NonUnion SIC: 2015/Poultry Slaughtering and Processing NAICS: 311615/Pou1try Processing P.O. Box 308 ,'Morganton NC 28680 Inspection Type: Planned Employees Covered: 700 Scope: Complete Advance Notice: Ownership: Private Hours Spent: 39.0 Safety/Health: Health Close Conference: 10/04/2006 Planning Guide: HealthuManufacturing ,Close Case: 12/05/2006 Emphasis: S: Rogram Improvements Opt Report Nr: 026/07 Optional Information: Type ID Value 20 FILE TO PSIM 1/4/07 01 ERM- 0.92 02 FED 560751341 03 39 05 STATE) 06 10/24/06 07 11/07/06 08 11/20/06 10 10/17/06 Violation Summary Serious Willful Repeat Other Unclass Total Initial Violations 3 2 5 Current Violations 3' 2 5 Initial Penalty 3251.00 3251.00 Current Penalty 2113.15 2113.15 FTA Amount - Violation Items I 10/24/2011 . Establishment Search Inspection Detail OSHA View Page 3 0f3 ID Type Standard Issuance Abate AC Curr$ Init$ Fta$ Contest LastEvent 1. 01001 Serious 19100151 10/12/2006 10/17/2006 I 528.45 813 0- I?Informai Settlement 2. 01002A Serious 19100215 809 10/12/2006 10/24/2006 1056.25 1625 0 I?Informal Settlement 3. 010028 Serious 19100215 A04 10/12/2006 10/24/2006 0 0 0 4. 01002C Serious 19100212 10/12/2006 10/24/2006 0 0 0 5. 0100324 Serious 19100134 C01 10/12/2006 11/30/2006 528.45 813 0 I?_Inf0rma Settlement 6. 010038 Serious 19100134 E01 10/12/2006 11/30/2006 0 0 0 7. 01003C Serious 19100134 F02 10/12/2006 11/30/2006 0 0 0 8. 010030 Serious 19100134 H03 18 10/12/2006 11/30/2006 0 0 0 9. 01003E Serious 19100134 K03 10/12/2006 11/30/2006 0 0 0 10. 02001 Other - 19101030 C01 IV 10/12/2006 11/30/2006 0 0 *0 11.02002 Other 19101200 F05 I 10/12/2006 10/17/2006 I 0 0 0 Payment and Administrative Actions Empr Phone: 828-437?5205 Payments 2113.15/ 0.00 163 Nr Type Date Pena1ty PTA Origin Balance 501048177 Payment 11/28/2006 2113.15 m8ack to Top Contact Us I Freedom of Information Act Customer Survey Privacy and Security Statement Disciaimers Occupational Safety Health Administration 200 Constitution Avenue, NW Washington, DC 20210 I I . 10/24/2011 US. Department of Labor: Site Specific Targeting Applicant? Page 5 of 19 OSHA Survey Summary - 2008 We? CASE FARMS HIO INC CASE FARMS Mailing Address: 0 BOX 185, WINESBURG, OH, 44690 Site Address: 1818 COUNTY ROAD 160, WINESBURG, OH 44690 Last Status: OK Person Who Signed OSHA 00! Survey Angel Santaji, safety health Manager (330) 359-7082 (330) 359-5751 (FAX) SIC: 2015-Poultry Slaughtering and Processing NAICS: 311615-Poultry Processing 1. What is the average number of employees who worked for your establishment in 2008? 552 2. How many hours did your employees actually work during 2008? 114:280 3. Select all the conditions that might have affected your answers to #1 and Strike or lockout Shorter work schedules or fewer pay periods than usual Shutdown or layoff Longer work schedules or more pay periods than usual Seasonal work Other Reasons: We had a lost time accident or adverse weather Nothing unusual happened 4. Did you have ANY occupational injuries or illnesses in 2008? Yes No Number of Cases Total number of Total number of Total number of Egtj?gtuhg?e; cases with days cases with job transfer other recordable away from work(H) or restriction(I) cases(J) 0 4 41 1 Number of Days Total number of days of job transfer or restriction(L) Total number of days away from work(K) 429 44 http://appl _scqucncc=SS. .. 3/9/20] 1 NEP SSTARG 10 DART DAFWII CALCULATIONS (OSHA-300 300A) DART I 200,000 a Employer?s Rate Total Hrs. . . DAFWII 200,000 Employer?s Rate Total Hrs. Year . - Column? '3 Column I Total Hrs. Wkd. 2007 /0 7422?? 2008 a. .I - 72y?0/ .2009 I 3 Raga/43 2007 DART . DAFWII . ,2 4 2008 DART: . . 5 9- 2009 DART: Z0. 3' filiarwn= If for any 2 of the above 3 years rates are below and the DAFWII case rates for the same 2 years are below 242?, then do a records review for that most current year that falls below twice the private sector rates and recalculate. If rates are still below, classify inspection as a ?records only?. Pro Single Gas Detector Operating Manual Detector de un solo gas Pro Manual de Operaci?n D?tecteur mono-gaz Pro Mode d?emploi In North America, to contact your nearest stocking location, dial toll?free 1 To contact NISA Intema?onal, dial 1-412-967-3354 or 1-800-MSA-7777 MINE SAFETY APPLIANCES COMPANY 2007 - All Rights Reserved This manual Is available on the intemet at Para comunicarse con el Iugar de abasmcimientn mas cercano an America del Norte, llama gratis al 1-800-MSA-2222. Para comunicarse con MSA lntemalional, [lame al 1-412-987-3354 6 1-800- MINE SAFETY APPLIANCES COHPANY 2007. Se reservan todos Ios derechos. Esta manual puede obtenerse en la Intemet, en el si?o: En Am?rique du Nord. pour contacter notre d?pbt la plus proche, compose: Ia num?ro gratu?rt 1- acumen-2222 pour contacter Intematlonal, compose: le 1-412-957-3354 ou 1-800-NISA-7777 MINE SAFETY APPLIANCES COMPANY 2007 - Tous droits r?serv?s. Ce manuel est disponible sur I'Intarnet au Manufactured byIFabricado portFabriqu? par MSA NORTH AMERICA 13.0. Bax 427, Pitlsburgh, 15230 (L) Rev 2 IMZOIH 4134 10074734 Table of Contents Chapter 1, Instrument Safety and Certifications . . . . . .1-1 Certi?cations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Figure 2-1. Pro Overview . . . . . . . . . . . . . .2-1 Figure 2?2. ALTAIR Pro Display . . . . . . . . . . . . . . . .2~1 Chapter 2, Using the ALTAIR Pro Single Gas Detector .2-1 Changing Alarm Setpoints . . . . . . . . . . . . . . . . . . . . . . .2-2 To Change Alarm Setpoints Manually.2-2 Figure 23. ALTAIR Pro Setup . . . . . . . . . . . . . . . . .2?4 Turning ON the ALTAIR Pro Single Gas Detector . . . . .2-5 Figure 24. Pro Turn?On Flow Chart . . . . . .2-7 Battery Life Indicator (See FIGURE 22.2-8 Battery Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-8 A CAUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-8 Confidence indicator (see Figure 2?.2~9 Backlight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2?9 ALTAIR Pro Alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2~9 Toxic Gas Measurements (see ?gure 2?.2.2-9 Oxygen Measurements . . . . . . . . . . . . . . . . . . . . . . . . .2-11 A WARNING . . . . . . . . . .2-11 Accessing the Instrument Pages . . . . . . . . . . . . . . . . .2-12 For All Versions (Excluding the Steel Mill Version): . .2?12 Steel Mill Version Only.2-14 Turning OFF the Pro Detector . . . . . . . . . . .2-15 Figure 2-5. Accessing ALTAIR Pro Pages (Does not apply to the Steel Mill Version) . .2?16 Data Logging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .247 Session Log . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-17 Periodic Log . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2-17 Chapter 3, ALTAIR Pro Function Checks . . . . . . . . . . . .3-1 Confidence and Heartbeat Indicator . . . . . . . . . . . . . .3-1 Alarm Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3~1 Bump Test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3-1 Figure 3-1. Bump Test Flow Chart . . . . . . . . . . . . . .3-2 Table 3?1. Factory Set Default Calibration/Bump Test Values . . . . . . . . . . . .3-3 A WARNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-1 Chapter 4, Calibrating the ALTAIR Pro Single Gas Detector . . . . . . . . . . . . . . . . . . . .4-1 Calibrating the Toxic Gas Instruments . . . . . . . . . . . . .4-2 A CAUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-2 A WARNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4-3 Figure 4-1. Calibration (Toxics) Flow Chart . . . . . .4-4 Calibrating an Oxygen Instrument . . . . . . . . . . . . . . . . .4?5 Figure 4?2 Calibration (Oxygen) Flow Chart . . . . . .4?6 Chapter 5, Warranty, Maintenance, Troubleshooting .5-1 MSA Portable Instrument Warranty . . . . . . . . . . . . . . . .5~1 Troubleshooting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-2 A WARNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-2 Table 5-1. Troubleshooting Guidelines . . . . . . . . . .5-3 Repair Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4 Replacing the ALTAIR Pro Battery . . . . . . . . . . . . . . . .5?4 Replacing the ALTAIR Pro Sensor (Except Remote 02 Version.5-4 A CAUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4 A CAUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-4 A CAUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5?5 A CAUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-5 A WARNING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5-5 Figure 5-1. Sensor and Battery Replacement (Except Remote 02 Version.5?5 Replacing the ALTAIR Pro Remote 02 Sensor . . . . . .5?6 A CAUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5?6 A WARNING . . . . . . . . . . . . . . . . . . . . . . . i . . . . . .5-6 Chapter 6, Performance Specifications . . . . . . . . . . . . . .6-1 Table 6-1. Certi?cations . . . . . . . . . . . . . . . . . . . . .6?1 Table 6-2. Instrument Specifications . . . . . . . . . . .6?2 Table 6-3. Oxygen Typical Performance Specifications . . . . . . . .6?3 Table 6-4. Toxic Performance Speci?cations . . . . .6-3 Table 6?5. Data Logging Speci?cations . . . . . . . . .64 Chapter 7, Replacement and Accessory Parts . . . . . . . i7-1 Table 7-1. Replacement Parts List . . . . . . . . . . . . .7-1 Chapter 3, ALTAIR Pro Function Checks Confidence and Heartbeat Indicator - The alarm lights and heartbeat indicator on the display will ?ash approximately every 60 seconds to indicate that the ALTAIR Pro Detector is operating. Alarm Test - Check before each day's use. - Turn ON instrument. A one-second test of the alarms will occur; this includes the: - display - alarm lights - vibrator - horn. - If these items do not activate, remove the instrument from service. NOTE: For the Steel Mill version only, the alarm test occurs every time the button is pressed for one second. Bump Test Check before each day?s use. - Hold the TEST button for two seconds: - oxygen versions will display the current oxygen reading; calibrate the unit if it reads other than 20.8%. - will display. - Press the TEST button while displays to activate the Bump Test mode. - the hourglass and will display. - Apply gas only AFTER the hourglass and are displayed. - If gas is detected, the display will indicate NOTE: See TABLE 3-1 for applied gases. - Wait approximately ?ve seconds: - The "xi" that appears on the display: - indicates that the instrument passed the bump test. remains for 24 hours, indicating that a bump test was performed on this instrument within the last 24 hours. 3?1 NOTE: See FIGURE 3-1 for details If if the "xi" does not appear and and is indicated: Check that the: sensor inlet is not clogged correct calibration cylinder is used to perform the bump test gas cylinder has not expired and is not empty gas was applied at the appropriate time gas tubing is seated in the front instrument 0839 during testing. Repeat the bump test process as needed. - if the does not appear,calibrate the instrument and repeat the Bump Test. 3-2 {It [Jilrji?i?i lama; ic-sl) i "2 Hold :3le i Test . Press (cause than sli'?; i Ni Thick: Gill Vulne- Press at air-i, No Gas {985) listen '1 19.3% n19} i I Wait Wait {55] Figure 3-1. Bump Test Flow Chart Table 3-1. Factory Set Default Calibration/Bump Test Values INSTRUMENT TYPE BUMP TEST GAS CALIBRATION GAS and 20.CIOZ 2 0.8 The bump test can also be performed by exhaling on the sensori?I?Tfor apprommately three to five seconds. MSA recommends calibration of the 0102 Pro Detector using a CIOZ generator for most accurate calibration. This instrument has a cross-sensitivity factor to CI2 of: 2 Cl2 equals approximately 0.8 CIOZ. 3-3 Chapter 4, Calibrating the ALTAIR Pro Single Gas Detector A WARNING Regulators and tubing used for bump testing and calibrating Clz, Cl02, NH3, HCN or PH3 should be labeled by the user for that specific gas and must only be used for that gas exclusively in the future. - The ALTAIR Pro Single Gas detector must be calibrated if it does not pass a Bump Test or if calibration is required by local procedures. In addition: - For oxygen instruments, perform a calibration if: there are changes in barometric pressure (altitude changes) there are extreme changes in ambient temperature and humidity (see TABLE 6-2, "instrument the instrument does not pass a bump test. Calibration is required at certain intervals by local procedures. Special requirements for ALTAIR PRO O2-R Remote Oxygen Detector: Operate this instrument only in ambient temperatures ranging from to to If the instrument is taken into an environment where the ambient temperature is or more, higher or lower, than its previous location, do not use the instrument for a period of 40 minutes to allow the sensor to adjust to the new conditions. After this 40-minute period, perform a Fresh Air Set- up (FAS) to re-zero the sensor. Perform the FAS in fresh air only. Quick changes in barometric pressure result in an offset in the sensor reading for a few minutes. If this occurs, do not use the instrument for a period of ?ve minutes; then, perform a Fresh Air Set-up (FAS) to re-zero the sensor. Perform the FAS in fresh air only. 4-1 - For toxic instruments, perform a calibration if any of the following occun - physical shock - extended use in extreme temperatures - high concentration exposure - the instrument does not pass a bump test. - Calibration is required at certain intervals by local procedures. Calibrating the Toxic Gas Instruments A CAUTION Due to high reactivity of Cl and CIOZ, gas, ambient humidity and calibration tuging material can react with the gas and cause the concentration reading to be lower than the actual concentration. It is, therefore, necessary to use dry tubing when calibrating or bump checking with these gases. For best calibration, use the shortest possible tubing to connect to the calibra- tion cylinder for these gases. - To enter the calibration mode, make sure you are in fresh, uncontaminated air. See FIGURE 4-1 for more details. 1. In normal operating mode, hold the TEST button for two seconds. - displays. 2. Press and hold the TEST button for three seconds when the displays. - screen displays - After three seconds, displays asking the user if a fresh air setup/calibration is desired. 3. Press the TEST button to enter zero calibration. NOTE: Otherwise, the instrument will return to the normal operating mode. 4. During zero calibration: - the hour glass and display - If the instrument successfully calibrates: - displays - If the instrument does not successfully calibrate: - displays - instrument returns to normal operating mode after five seconds. 5. Once the instrument successfully calibrates and the displays: - displays. 6. While the displays, press the TEST button to enter the Gas Caiibration mode. - The current expected test gas is shown (in ppm). a. To change the expected calibration gas: 1) Press the TEST button. - "ppm" displays. 2) Press the TEST button in rapid succession to increment. - The TEST button can be heid down to increment by iarger values. - 3) Wait three seconds to return to the Calibration mode. b. Apply the appropriate test gas - The display toggles between the current gas reading, the hourglass and - Once the instrument passes caiibration, displays. Calibration time is dependent on the sensor installed. See TABLE 6-2. - Otherwise, displays. - Wait ?ve seconds to return to the normal operating mode. .A WARNING The expected gas concentrations must match the gas con- centrations listed on the calibration cylinder(s). Failure to foi- low this warning will cause an incorrect calibration, which can result in serious personal injury or death. c. If displays after calibration, the current settings did not change. immediately check that: The calibration cylinder matches the expected caiibration value expected in the instrument - The calibration cyiinder is not empty and has not expired. - The regulator is 0.25 iitersfminute - The tubing is seated in the front instrument case during gas calibration mode. - if necessary, repeat steps 1 through 6. - The display must read if remains, remove the instrument from service. d. Perform a bump test to confirm operation and activate the 4-3 ECFIL VIE-H 5:1 i . Mn mam [man 7 Want i 112:: i! HPBZ \?Jnitciall J. rzwmu 5.1m 5 1* Firm: 1 nut-e. Tegt Em Tent ET 2 Frees ?i warpm 5 7 . u" ff Hu?d Walt [1:15] :Tange mu 9} gamma Hm 3H ERR Wait wan we) [AL-um: Bait: Figure 4-1. Calibration (Toxics) Flow Chart 4.4 Calibrating an Oxygen Instrument False oxygen alarms can occur due to changes in barometric pressure (attitude changes) or extreme changes in ambient temperature. The Pro Detector is equipped with a feature to allow calibration at pressure and/or temperature of use. Be sure that the instrument is in known fresh air before performing a calibration. To enter the calibration mode, make sure you are in fresh, uncontaminated air. 1. ln normai operating mode, hold the TEST button for two seconds. - See FIGURE 4-2 for more details. When the displays, press and hold the TEST button to enter calibration. - displays - After three seconds, displays asking the user if a fresh air setup/calibration is desired. . Press the TEST button at the screen to perform a calibration at 20.8% 02. NOTE: This procedure must be performed in fresh, uncontaminated air. Do not breathe on the sensor while performing this function. - If the successfully calibrates: - displays - if the sensor does not successfully caiibrate: - displays. Wait five seconds. - The instrument returns to normal operating mode. it dispiays after calibration, the current settings did not change. Immediately check that: - The instrument is in fresh, uncontaminated air during the calibration process - No one breathes on the sensor during calibration. Repeat steps 1 through 6, as necessary. The display must read if remains, remove the instrument from service. . Perform a bump test to con?rm operation and activate the 4-5 BUB Hold (1 1i) Test Held {33) I i Test Bis?t $921 i Measure Mozie Wait {35} I Press I F555 NE 9 mums; Wait{55} Measure Mode Figure 4-2 Calibration (Oxygen) Flow Chart 4-6 Chapter 6, Performance Specifications Table 6-1. Certi?cations HAZARDOUS US ia 110 T4 Ciass I Groups A, B, C, and Class 11, Group -20?c to Temperature Code T4 CANADA Ex ia IIC T4 Ciass I Groups A, B, C, and Class H, Group Tamb. -20 to Temperature Code T4 AUSTRALIA Ex ia 110 EUROPE II 26 is IIC T4 5 Tamb? Ex is T4 5 Tamb. 5 EMCIRFI EUROPE at ENCLOSURE IP 67 (Remote 02 version is 54) APPLICABLE EUROPE ATEX: 94IQIEC EUROPEAN EMC: 891336IEEC DIRECTIVES LVD: Conditions for Safe Use - Use a Lithium battery listed in Table 6-2 only. - The maximum length of the remote sensor connecting cable must not exceed 3.3 meters (10 feet). 6-1 Table 6-2. Instrument Specifications OPERATING -TEMPERATURE 02-R Version: 0 to 32 to RANGE 10 to 95% RH. Non condensing INGRESS 1P67, (Remote 02 is 1P54) EROTECTION RECOMMENDED 0 to (32? to STORAGE WARRANTY See Chapter 5 AUDIBLE 95 dB typical ALARM APPROXIMATE 3.4" 2.0" 1" SIZE (8WEIGHT 4 oz (113 grams) SENSOR Electrochemical Sensors BATTERY Lithium, CR2, non-rechargeable: Replace with Energizer CR2 Panasonic Varta CR2 6206, or Varta (Power One) CR2 CR15H270, 6206 battery only ALARM SETPOINTS mow MIN. MAX. FAS ALARM ALARM (PPM) (PPM) ALARM ALARM TIME SPAN (PPM) (PPM) SET- (SEC) TIME POINT POINT (SEC) 500 FIRE 25 100 100 25 20 1450 <15 90 co STEEL 75 200 200 75 20 1450 <19.5% 23.502 2.0 5.0 5.0 ?270 2.0 17.5 <15 90 N02 2.0 5.0 5.0 2.0 2.0 17<15 150 PH3 0.3 1.0 1.0 0.3 0.3 3.75 <15 90 4.5 10.0 10.0 4.5 '4.5 20.0 <15 240 012 0.5 1.0 1.0 0.5 0.5 17.5 <15 240 c102 0.10 0.30 0.30 0.10 0.10 0.75 <15 350 NOTE: This instrument has not been classi?ed for use in atmospheres containing >21% oxygen. 1 Other setpoints available upon request or at anytime via MSA FiveStar Link Software. 6-2 Tabie 6-3. Oxygen Typical Performance Specifications RANGE 0?25% 02 (Oxygen and Oxygen-R) RESOLUTION 0.1% 02 REPRODUCIBILITY 0.7% 02 for 225% 02* RESPONSE TIME 90% of final reading 30 seconds (normal temperature range?). Three minutes (extended temperature range") normal temperatUre range extended temp. range -20 to 0, 40 to Table 6-4. Toxic Performance Specifications SENSOR: CO or CO STEEL (Carbon Monoxide) RANGE: 0?1500 RESOLUTION: 1 REPRODUCIBILITY: :5 or 10% reading, whichever is greater (normal temperature range?) :10 CO or 20% or reading, whichever is greater (extended temp. range?) RESPONSE TIME: 90% of ?nal reading in 60 seconds (normal temp.range*) SENSOR: H28 (Hydrogen Sul?de) RANGE: 0-200 1 REPRODUCIBILITY: +2 or 10% of reading, whichever is greater (normal temperature range") +5 or 20% of reading, whichever is greater (extended temp. range?) RESPONSE TIME: 90% of ?nal reading (normal temp. range") SENSOR: Dioxide) RANGE: (II-20.0 RESOLUTION: 0.1 SENSOR: N02 (Nitrogen Dioxide) RANGE: 0?20.0 RESOLUTION: 0.1 SENSOR: NH3 (Ammonia) RANGE: 0-100 RESOLUTION: 1 SENSOR: PH3 (Phosphine) RANGE: 0?5.0 RESOLUTION: 0.05 SENSOR: HON (Hydrogen Cyanide) RANGE: 0?30.0 RESOLUTION: 0.5 SENSOR: 012 (Chlorine) RANGE: 0-201) RESOLUTION: 0.1 SENSOR: 0102 (Chlorine Dioxide) RANGE: 0-1.00 RESOLUTION: 0.02 Normal temperature range extended temp. range -20 to 0, 40 to (NH3 and C102 only: ~20 to Table 6-5. Data Logging Specifications SESSION NUMBER OF DATALOG SHARED EVENTS 50 (most recent occurrences) DATA TRANSMISSION METHOD Via MSA infrared adapter on a PC using MSA FiveStar Link Software verSIon 4.5 EVENT LOG INFORMATION Alarm Alarm Type - Alarm Value - Timel?Date Alarm Clear Alarm Type - Alarm Value - Timer?Date Cal (Passl'FaII) TImeIDate Bump (Pasleail) TrmeIDate Error Non-Shutdown - Error Type (See Error List) - TimeiDate ONIOFF - TimelDate. TRANSMISSION TIME Typically less than 60 seconds max. PERIODIC DEFAULT LOGGING DATALOG INTERVAL Three minute peak readings (con?gurable via PC from 15 seconds to 15 minute peaks or one minute peak average) STORAGE ESTIMATE Typically greater than 100 hours with default interval (storage time varies based on interval and sensor activity) TRANSMISSION TIME Typically less than three minutes 6-4 -Attention: 1 ms form oonIaIns Information relating . empfoyee health and must be used in a marine' (Rev. 01/2004) I - - I I that con?dentiality ofemployees tothe ?Yearl L, extent possible while the information is being used for occupational safety and health purposes. U-S. Department Of Labor Log of Work-Related Injuries and Illnesses You must record inforrnaion about every wc?k-related iriixy or ihess that involves loss of consciousness. rest-icted work activity cry) transfer days away from wort or medical treafnen: beyord ?rst Form approved OMB no. 121 am 76 aid. You must a'so recc'd signi?cantwork-relaed iriur'es and illnesses that are diagnosed by a physician or icensed health care professional You must also record womrelazel injuries and Iltriesses I recording criteria Ssted in 29 CPR 1904.8 through 1904.12 Feel need to. You mustocmplete an him and ?Tlness inciden: report Establishment name Case Farms Processing Plant (OSHA l-?om 3C1) ?equivalent form for each iriury or illness recorded on this t?ycu're notsure whether a case Is recordable. call you local OSHA of?ce for hctp. I City I Winesburg I State I Ohio Identify the person Describe the case Classify the case Enter the number of (A) (3) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the "injury" column or choose one type Case Employee?s Name Job Title {99 Date of inij Where the event occurred (69. Descn'be -njury or illr? ess, parts 0" body af?edeo?, the most serious outcome for that case: wcrker was; of illness; No. Welder) or onset of Loading dock noth end) and oojootlsuostanco that directly Injured or illness made person ill (9.9. Second degree turns on right forearm from acetylene torch) Days away . Awa On job (ml/day) Death from work Remarnedatwork Fro"): Iransmr or Jobtransfer Otherrecord- Work resgraidpn orrestriction able cases SOSSBUHI sso1 BuueeH Suluosmd boleJIdsox Mnlul 9 no 3 Iopiusgu Employee failed to centre. the truck, fa? ed to sewer: cargo, drove at a speed of (5065) MPH as he approached a cab. cages becane loose mak-ng the trucx to ?ip over on the left srce; coneouer-tly, employee suffered a ?radure to his 110312011 R04 62 West collar none and total loss of to buck and cargo. 90 Puinczure wound laceration). To Palm of left hand. Employee faFLed to wear safety gioves, as he was opening a card board box with a knife. He stabbed himsetf With me knife on Ihe palm of Packing Dept 139 his left nan d. 10 Fmoloyee was other employees ?nth re- work product, he pulled a pc of chicken. that had broken bones; ocnsecuertfy, a pc or bone 1/1420" 1 Core Ilne fr 1. Dept. 109 punctured employee's left thumb. 3 Employee grabbed a knife to take to Ihe producton lines the knife slip off his *ght hand and cu: his left band's ring ?nger as the kni?e was Sharpening Room going down. 2 Employee was on he way out of the line 10 complete paperwork, on n-s way out, roticed product ,arned on the line, as he pulled product off the line, a pc of bone broke punctu?ng his left Cone line at 3. Dept. 109 hand's thunb 5 Employee was cutting chimen With a knife, he was wearing adequate PPE or oath hands; however. the tip of the knife penetrated the mosh oves cultan the sen on top of he le'l hands I2I1212011 Cone line No m-dole finger. 29 Employee was puIEing and cutting product with knife and scissors, as he pulled and out product, the knife scissor rub on ?ngers making his left index ?nger and right middle ?nger to ?orrn an Cone Line No. 1 u=cer ?1412011 Unknown EE CLAIM DENIED ON 041?05-2011 BWC 11- )1'21/2011 Unknown 802693 FROI DENIED ON 03-17-2011 Under Claim Unknown 11-80-1857 Cfalnl Disallowed 0430612011 BINC =1 11< Unknown 808837 FROI Dissallowcd 0430612111 BWC at. 11- Unknown 809505 2" Employee CANCELED FROI. hot work reiated. 4'4'2011 02'? 2011 Unknown 219,20? Unknown FROI DissalIONed 04.06'2011 Laceration to Right Fore Arm. Empioyee was cutting cardboard boxes. At the same time he was going to move a shoevei, he fcrgot that he had the knife on his hand? when he grabbed the shoevel with both hands, he stabbed his right tore arm. Page totals sure to transfer these totals to the Summary page (Form 300A) before you post it. Pubtic reporting burden forthis culiecn'on o?nforma?on is estimaed to average 14 niriutes per response. including time to review the insumtion. seamh am gave: the daa reeded, anc compleh and review the cdedion dimme?on. Demons are not required :9 respond to the collection of infomwation unless it d;solays a sweaty valid OMB control number. lfyou have my commene about these esi?manes or any aspects of this data collection. contact: US Departmem of Labor, OSHA Of?ce of Statistics. Rcom M3644, 200 Constiwtlon Ave. NW. Washington. DC 20210. 00 not send the comp'eed forms to this of?ce. sesseulmaqtow a 950'] BuyeeH Guiuosiod JGPJOSIO WIS Amiul Page Attention: Ihs f'onn ctr?tarns 'nformalion retailing I to employee health and must be used in a manner 8 Form 300 (Rev. 01/2004) maipmtects mewntaenuam oiempzoyeestoi?e Year 2011 extent while the information is being used for occupational satety and health puposes. U.S. Department Of Labor Log of Work-Related Injuries and Illnesses You must record about every worltrelated iriu'y or ihess tainvolves loss of oonsciorsness, work activity orjob tmsfer. days away from work or mice treatment beyond r; approved 0MB no~ 1218 01 15 ?rs: aid You mist also record significant work?related titties and ilresses that are diamcsed by a physician or licensed health on professional. You must aso record work-relied lrduries and illnesses twat meet any speci?c recording attena listed in 29 1904.8 through 1904.12. Feel free to use two Fries for a s?ngle case {you need 3. You must complete at lany ard illness - . incden: report (OSHA Form 301] or ecuivalentformfor each injury or illness recorded on this form ll you?re unsure whetheracase is recordahie. call yourlccal OSHA ol'fce forhelp. Estabhs?hment_ name case Farms Proc mg Plain City Wmesburg State Ohio Identify the person Describe the case Classify the case Enter the number 1A) (B) (C) (D) (F) (F) CHECK ONLY ONE box for 9831 case cased on days the injured or ill Cherx the "injury? column or choose one type Case Employee?s Name Job Tile Date of Where the event occurred (9.9. Describe injury or illness. parts of body affected. the most serious mime for ma: cage worker was of ?kegs No We'der) injury or [.moing dock north or d) and object/substance that directly injured or onset of made person ill (a 9. Second degree burns or illness right toreanr from acetylene torch) Death Days away Remained at work Away on Job (m o.!day) from work transfer mm restriction Job transfer Other record- \Nork or restriction able cases (days) 8?s) sassaum Jazno ?v BUIJPBH uo up uog JODJOEIG unis funiur ourcosiod (C) (H) (I) (J) (K) (L) Employee was cleanan the reworked procuct, grabbing product with both hands. An avandoned knife at end of combo made a wt to Cone line .4 2 h-?s ief'. hands ring ?nger. 1? Employee waas collect-n9 knifes and puttan them in a box. As she placed some Knives on the box. her left ring linger touched a nife and made 03/18/2011 Cone Line rr 5 a cut to her ?inge' 10 FROI DENIED 05:25l2011 under claim No: 11- Training line 3 6 813603 FO'earrn sprain. Employee being trained on lire 6. He was using Knives. scissors puliir?g tenders and bra-ring carcasses when he fell a pop on his 3117/2011 Training 'ine 6 ?ght forearm. 95 FROI - DENIED 05l05-'2011 BWC Claim 8: 11. 3?23.2011 Conelines 815740 Em poyee working on the cone line curing product with knife or scissor. pui tencres and break back bone as needed. Employee complained of pain on left wrist, Dr. diagnosed I I11i201? L-ne 4 her Le.?t wrist 10 Diagnosed with Open fracture to right index ?nger. Empoyee look it upon nimsel.? lo he'p a co worker cut wings on the e'ectr'c saw, he filled to 13 1 Line 4 wear PPE cutting his r?g'it hand's index finger_ 24 I-all. Head Lace-ratio". Employee 90mg to dream, as he stop dawn of bridge stop, he slip and fall_ hirtirg the back ofhis head with the edge of the 4/2212011 Between Cone lines 2 8 3 step. 14 Testicular contusion: Employee was oomirg down from the conveyor belt no stop on tre support bar between the ladder steps instead of the step. lhe ladder became enhaianoed fip forward and employee landed on the ladder. 517/2011 Conveyor belt by line 6 Metal between his legs nurtir?g his testicles. 15 Open wound left forearm: Employee was working on the production line cult?ng legs when he grabbed the leg to oebone it, the knife sinned and went up underneah arrn guard cutting he 16 Line 1 '91! arm 10 Right Rolalor cuff Strain, empioyee working or the line, conveyor snapped, as he was hoding 4090011 Unknown the chbken on the cone, his hand was pulledsure to transfer these totals to the Summary page (Form 300A) before you post it. ucmpuoo Melendseu P.1th repa?ng burden for this collection of 'nformdon is esimated to average 14 minmes per resoonse. inducing he tn review the instruction. seach and gather the data needed. and canolete and review the collection 0! Information Persons are notrequ'red I.) respond In the collec?on of information unless imsplays a mer?y 05.6 control number. ?you have any comments aboulmese es?mates or any aspects 0! this dare collec?on. con?ac: US Depanmemc?f Labor OSHA O?ce o! Sta?stics Room N-3644. 200 Cons?nmn Ave, NW. Was?ngbon. DC 20210. Do notsend the completed farms to this of?ce5901 Eupeen Buruosrod 55550qu 10430 "v A (.0 A to Attention: This form contains inIO'matic" 'elathg I to employee heath anc rr?ust be used a wearer OS (Rev. 0 1 hat protects the coaneniia ity 0" employees to he ?Yearl 1 extent possible MM: :10 .nformatior? Is doing used U.S. Department of Labor Log of Work-Related Injuries and Illnesses Yoi. must record intomau?on arm awry work-related cr i"noss thatinvolvcs loss 'esuizted work ach?vizy or job trail-star, cays away from work, or rmdica wean-2n: Form approved 0MB m. 75 beyond ?rst ad You must also [8381] signi?cant work-idaed in;ur.es and Inesses that are dagnosal by a pnysician or licensed heath ca?e prc?essmai. ch mustalso [8331: work'elatec I i?yu'Ies nc [sled 190412 Feel Irec'ausztwoineslorasngl: caseityou medm mus an Establishment name case Farms imu'y and llness inaden'. 'epcrt (OSF-A Porn 30?) equrvalent 'orm for each Inlay cri ness 'ezarded on Ills lam. If you're whett?er a case Ls reSC'dable call your ?ocd Odd/i o?ae . . in, Mn City lwinesburg I State Ohio I Identify the person Describe the case Classify the case Enter be number CHECK ONLY ONE box [or each case based on days the in?u'ed or ii. Check the injury or CPOOSQ one type Case Employee's Name Job Tito (9.9.. Date of Where the event occurred (eg. Describe injury or illness parts body a?fected. the mos: serious ohtmme for mat (259- wockcr was of iI ness; No. Welcer) injury or Loading dock north end) and object/substar?oe that d'rectiy injured or onset of made person ill (eg. Second degree burns cn ?ncss right forearm from acetylene torch) A .4 Days away Awa 0n ion (mo may} 098'? from work Remained at work Frony transfer or Job :rans?er Ozher record- Work reztridor or restriction aole cases (days) sessqu Jauio nv sac-l bugzeeH BLIJosiod JOHCUCO ?9105?) WIS Moteiidsoa Partial amputation. right index ?nger. E'nployee operating the vr'ng saw withOJl metal mesh gloves. As he was placing wings on the saw, placed his ?nger on :he saw: partially amoutating {24/2011 Ccne line the ?p to the firstjoint of the right irdex .?lnga', 78 Laoeration to ring finger. Employee was sorting tenders. as he grabbed me procud oozh hands he felt :?no out to his finger. His fnger was cut by an abandoned knife at the {0312011 Sorting tenders amtom o? the box 'rixod wutl" tho nroduct Sorain to left foot. Slipaeci of? as he was breaking the Back cf the chickens. One cnidtcn [13/20?1 Line 2 came all the cone and he lost his valanm 2 Cut to rg'Il index Inger. Employee m?ssed his step as ho was trying to hold a chicnon, his bot went down belwecr? a space on the stops, the kn?e on his right l?ano slipped o?t cutting his rig?il f1 4120? 1 Cone lire at 7 index finger. (needed stitches) Amputation 1 Open fracture of left nand's ?ftr {litt.e) hrger. Supe'VIsor was picmng up proddc?. ?rom the floor. When he was done, he learad on the edge 0? the seaier tor supoart to get up. Sealer ooerator did no: see his hand, closed the ?d pinchan employee's little ?nger resulting in total amputation, open frac:ure of the tin of 11's 717/201 1 Thigh Department's Sealer eft little tiger. ?28 i: 1 numeth When? 11 w.m Wibum'w'mm ?2 Stair to right 501 digit. Errployee was placing birds in the age his finger sent down with the edge of the age as he place the birds inside the 730/2011 Department 152 C393. 5 0 Page totals 1 5 1 134 Be sure to transfer these totals to the Summary page (Fon'n 300A) before you post it. I?J?iul Lonerdso JODJOSIQ . 93353qu 5801 Bu 1! Buuosiod uc IIPUOO Pubch reporting burden Icr t?is ocllecfcn of Ls est?mded to average 14 n'nates per response. includirg his to 39H JDIS lal-ll?" IIV review the instruction, search and gather the data needed, and complete and review the collection of infonnation. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about'these estimates or any aspects ofthis data collection, contact US Depart'nent of Labor. OSHA O?ice of Sta?is?ce, Room N-3544, 200 Constitution Ave NW. Washington, DC 20210. Do notsend the completed forms Page 3 (1) to this o?ce. l0 Lr) #1 1? r-h Attention; ?hr: form contains inlormaton wia?ng toyehcalt G. the od?. . tin FOl'm (Rev. 01/2004) gznxote?me corintTden?rty 0:393:30me lYeaII 1 extent DOSSINO whre the is being used tor occupaomal salety and health purposes. U.S. Department Of Labor Log of Work-Related Injuries and Illnesses YOL must record irtonmm wont my wort-reused triury :r rats that losselacnaa'om, mottled Wt amty o'Jot rumor, days alayl'ro'nwow, or medical treatment beyond Form approved OMB no, 1215-0176 fist ad. You mu: aim record sgnl?canl work related iriu?ee arr: ?remen that am diagnosed a a? tenant: but: can pmtassord. ?(ou must also record work-related it; urea rd I thatrren'. a~y record"; Giana EsIedi-z measuring? 150412 Feel lreetc use two the: 'or urge read to. You mamplela an andi.lness - - rcp'x?. (OSFA F's-rt 301) or equivalent ton-r ?or each inju'y crfneu recorded on {377: tfyudn wt sure whether a case 5 raxrdable, :all your out OS'?a??oafcr help. case Trooessmg I Ines urg I Identify the person Describe the case Classify tre case Enter the rumtier of (D) (H CHECK ONLY ONE box for uach case based on days the injured or Check the '.njury" column or choose one type Date a! :nruy Whom the want occurred (org Describe injury or illness. parts of hody affected. me most serous omcoma [or 313139?; mg was; 01mm?; or onset of Loading dock north and) and objectr'substanca that dIrectly injured or Illness rnado person ill Second degree bums on rig]! 'orearm from acetylene torch) (C) Job Trtte (0.9.. Welder) (A) Case No. (8) Empioyees Name ?m Days away . I 0? job (WNW) Work Rem trar. sr?er or Job transfer Other rucoru? Work mind?s." or restrictzan ablo cases (davs) sasseurruauwrw I: ain'i?uuBaH BLpostOd uorllpuoo Lowndsoa raptosro uprs Mnlu (G) (H) (J) (K) (L) Employ" was opening a card board box with a Itnrle. he [aired to wear adequate (Halal mesh gave) he stabbed IN: knlte on Packmg Dept. 109 the palm of his left hand 1-3 Employee was assisting other employees with re- work product he pulled a pt: or cmckan that had broken bones: consequeritty. a pt: ol bone 1114:2611 Cone me It! 1. Dept. ?.09 punctured employee's 3 Employee grabbed a krille to take to tho production Ines. the Knile oft right hand and cut nis left harm's ring ?nger as the knile Sharpean Room was going down. 2 Employee was on his my out at the line ta compete paperwork. an way out. nooced pmcuctpmed on the line. as he puled product oil the me. a pc of bone broke punctunng his left Conn Erie 3. Dept. 109 hmc's trumb. 5 Emaioyee cutting chicken with a Knife. he was wearing adequate PPE on both hands; however. the tip ol the knit: penetrated the mesh gloves cutting the stun on top ol tel! band's l2112/2011 Cone in No. m.ddle finger, 25 Employee was pulling and cuthg product knife and scissors. as he paler: anti cut product. 1516 knife scissor mo on fun gers making his teft Index ?nger and right middle finger to form an Cone Line No. I ulcer 114/2011 EE WITHDRAWN CLAIM DELIED on 4/0520? awc a 11. ll UIIl-riown 80265:) PRC-I ON 03.17.2011 Under Clarm Ho Unknown 11-80425? Clarrn ?406.20? I It :22'2011 ?63817 FROI Dissaifm-ret N-OGIZDH BWC 11 r2 09.2)? 809505 Entoloyce CAHCELED Not wort IPJIIEOH Unbllu.?.n related I Unknoxn FROI Dissarlowed os-asrzarr Laceratzon to Right Fore Arm. Employee was cutting camosrd boxes. Nthe same the he was going to move a shoevel, he ?ergot that he had the kn'fe on his hand, When he grabbed the shouvol with both hands, he stabbed his right for. arm. Page totals 0 5 2 0 122 2?281?2011 Dept 109 Be sure to transfer these totds to the Summary page (Form 300A) before you post it. OLIuosIod uogztpuoo to 8mm] Futile reporting bttden octaobon c-I intomatjor is estimated tc average 14 'nnutes per response. nautier tme to mew the ?rum search aid gate! the daIa nomad, m1 :omriato and review In whim): of Mm?cn. Jusmo arr not iquired to respond Io 1hr- :rnllocion r:t .nIrus; 1dr;me a owmty 0MB ocnlol wur?ber llyot: have any curr'mrnk: alxnt or any aspect; ol ltis data calecltm ccntast US Depar?ment ol Labor Of?ce at Room 200 Corstf.1kr. Ave. NW. Washington, DC 00 war send the mpleted ?rm :a Ihlsc??oe a sesseurluautm 5:01 Gwen? mindset-r a IepJoIIa upIs WE ma9e 1 (1) (2) (3) M) (5) Attention: Vis form contains information relating I to employee health and must be used it a manner OS (Rev. the: protects the confidentiality of employees to the Year 1 extent possible while the information is oeing used US. Department of Labor Log of Work-Related Injuries and Illnesses mm mm You mt recon! intor?malion about every wok-related injury or Iness that involves loss ofco1so'msness, restricted ?ark activty 9r job toaster. days may from work or rrec-ca treatment oeyonc Form approved 0MB no. 1218-01 76 first aid You mus: also recon: sigr??cart wakreaxd injuries and INF-65885 are diagnosed by a shysicim or licensed team cane profassiorel. You also work-mated in;uries arr] illnesses that meet my olthe Speci?c recording criteria isth in 29 CFR 1304.8 through 1904.12. Feel In use two lircs far a single case if you need V0.1 must cowlcte a? i1jiiry and lines - - . . . essrn irmdem report (OSHA Form30'1a equivdenl term tor each inwy or llness recorded on this ion. If you?re not sure whether a case is mocrdablc, call your locai OSHA of?ce for help, em. ame case arms mo 9 City Winesburg State Ohio Identify the person Describe the case Classify the case Enter the rtunoer of (A) (3) (C) (D) (E) (F) CHECK ONLY ONE box to: each case based or days the injured or Check the 'Injuiy' cofur'in or choose one type Case Employee's Name Job Ttle Date of Where the event occurred Describe injury or illness, parts of body af?ected, me most screens outcorf?e format case; worker was; of ?mess; No. Weder) injury or Loading dock north end) and object/substance that directly Fnjured 3' onset of made person iil Second degree burns on (M) I?lness rigit forearm fron? acetylene torch) Death Days my Remained at work Away on '0b (mo/my) from work From Transfer 0" Job transfer O'her record- Work or restriction able cases (days) (days) I aessoun eridsea sec-i Bones? Cuiuosiod 18910 Sta UDIS Airloi A A A A E, (G) (H) (I) (Ki (L) Employee was cleanzng the reworked prodoct, gabbing product with both hands. An avartdoned knife at end of oombo made a cut to Cone line 7 his Ie?t nand's ring ?nger. Fmployeo waas colloc:ing krifos and puzt'ng them in a box As she aced some knives on the box ner left ring ?nger touched a nite and made a cut to her ?nger. ?0 03/18l2011 Cone Lirte it 5 FROI DENIED 0925:2011 under claim No: 11- 3119-2011 Training line a 6 813603 Forearm sprain. Employee being trained on line 6. lie was Jsing knives. scissors. pulling tenders and braking carcasses wher he felt a pop on his right forearm. Training line 6 FROI - DENIED 05-?05i2011 BWC Claim 9. 11- 32312011 Cone lines 8157-10 Fmployoo working on the cone lino, outing productwith knite or scissor, pull :erdres and brea< baok bone as needed. Employee compiained of pain on :eft wrist, Dr diagnosed 04/11/2011 Line 4 herwithTenosyrovitis, Left wrist 10 Diagnosed with Open fracture to right index finger. Employee took it upon himself to help a co worker out on the electric sawx he failed to Line 4 wear PPE cutting nis righ: hand's index ?nger. in 24 Fa Head Laceratvon, Employee going to break. as he step down of bridge step, re 'p and (all, hitting the back of his head with the edge of the 4/22/2011 Between Cone Ines 2 ?5 3 step. testicular contusion: Employee was cornirg down from the conveyor belt. he step on tl?e support bar between the ladder steps instead of the step. the ladder became unbalanced. ?lip forward and employee anded on the ladder 5/7/201? Conveyor belt by line 6 Mofa? between his legs hitting his testicle; Open wound eft forearm Employee was woiing or: me procucticn line Cutting legs when l'a graboed the leg to debone the knife slipped and wert up underneath arr." guard cutting 0 (10/2011 Line 1 le? arm. 10 4.0912011 Unknown ngim Rotator cuff Strain, empioyee waking on the ?ne, conveyor snapped, as he was hoding the chicken on the cone, hIs hand was pulled 0 2 174 0 0 Public repor?ng burden forlhis colloc?on of informion ?s esimated to average 14 minutes per respome, includng ?me tn review the Instruction. seatch and gather the data needed, and complete and review the museum at 'mfoanaa?on Persons :9 not reun Io respond to the collection ofi'?amat?an uriess a currently via 0MB contml number. "you have any comment: about these estmatss or any aspects at this data collasfm. contact US Departnem of Labor, OSHA Of?ce a! Stan'stics, Room M3644, 200 Consimion Ave, NW, Waslington. DC 20210. Do notsand Lha conplaiad forms to this dim Be sure to transfer these totals to the Summary page (Form 300A) before you post it. Page 2of8 AJnluI (1) JapJos;(] ums 53 uompuoo maexgdseu (3) ?uguosgod sso1 BuueaH 6? sessaum Jame ?v A 9, OSHA's Form 300 (Rev. 01/2004) Log of Work-Related Injuries and illnesses I I You must rccom aaout every work?re- a'ed injury 0' :llness ma involves toss o? oonsdousness, restrichd work activity orjob transfer, days away from want. or Mica treatment Attention: This form contains in?ormat on relating :0 employee health and must be used IF a manner Lnat orotects the coniident ality of employees to the extent while the information is being used for occupational safety and health purposes beyond ?rst aid. You must also record significant wot-related injures and messes that are agicsec by a physician or icensed heath care professiona. You must as: record wont-related irgurtes mdi nesses that meet any ofthe sowfc recorcing cri:erie listed in 29 CFR 1904.8 through 1234,12. Feel free to use two ?nes for a single case i? you need Io Yo?- complete an ingury ancl in: dantreoort (OSHA. Form 301) or eqiivalant torn far can.? injbi')? or ilness recoulea on this form. yore nolsure whether a case 3 recordable. wl your Ioca. onioe inr half! Identify the person Describe the case Establishment name ICity IWinesburg Classify the case (A) Case No. (B) Employee's Name (C) Job Title (9.9., Welder) (E) Where: re event (e.g Loadng dock north end) Date oi injury or onset ot llanSS (mo/Gay) (F) Deso'be iriury or illness, oats of body affected, and ooject/substar?ce that d'rect'y injured or made person ill (9 Second degree bums at CHECK ONLY ONE box for each case based on the most serious outcome ior that case: U.S. Department of Labor Oocupai onai Safety and Health Ad't?in stration Enter 019 number of days the injured or il? worker was. I I I I i-orrn aoproved 0MB no. 1218-0176 Case Farms State ()hio Cheat the "injury" column or choose one type of illness; (M) rignl foreann irorn acelytene torch) Days away from work Remained at work Death Other record- able cases Job transfer or restriction (G) (H) (I) (J) Away From Work (days) (K) On job transfer or (days) (L) sesseull 49.410 550 i ELriieoH uompuog mpmsio unis Lnlui IfCone line 3 5 Partial amputation, 'ig?ot inc'ex En?p nyee operating the wing saw withou: meta: mesh gloves. As he was placing wings on Lne saw he olaced ?nger or the saw: partially amputating the tip to the tirstjoir?t of the right index tinge". 21 Sorting tenders Laceration to ring ?nger. Empioyee was sor?ng tenders. as he grabbed the rodent with both hands. he felt me out to his ?nger. llis ?nger was (:11 by an abandoned Kni?e at the bottom oi the box mixed witn the product Line #2 Spain to left foot. Slioped off as he was b'eaking the beer ctthe chickens. One chioren oe'ne of.r the cone and he his vafance. Cone line #2 Cu: to right index ?nger. Employee rnissed his step as he was lying to he (1 a chicken ins toot went om between a space on the stops the kn"o on his right hand slioped off cutting his right index ?nger. (needed st tches) Thigh Department's Sealer Amputation Oper? fractwe of left hand?s fifth (Hie) ?nger. SJpervisor was picking up product from the floor, when he was done he learedo" the edge of tne sealer for support to get us. Sealer operator did not see his hand, cosed the pinching employee's little finger resulting 2028? amputation open fracture at the no of hB ?eft littje tigerPage totals 50 Be sure to transfer these totals to the Summary page (Form 300A) before you post it. 599591 330 i Suluos uompu Japics Ainlui Public reporting burden for this collection of information is es?mated to average 14 minutes per response, including time to review the instruction, search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currentty valid OMB control number. If you have any comments aboutthese estimates or any aspects of this data collection, contact US Department of Labor. OSHA Of?ce of Statistics, Room 200 Constitution Ave. NW, Washington. DC 20210. Do not send ?to completed forms to this of?ce. Page Sofa (1) it] ?Dis I03 also}; (3) and iuiJeaH Attention: This form contains information relating to I he Rh di OS HA's Form 300 (Rev. 01/2004) magi: m5cor7ri'aemwiruiegyaemnge 'Yearl 2011 extent possible while the information is being used U.S. Department of Labor Log of Work-Related Injuries and Illnesses You must record lnforrmion about every work-related injuy or lines that involves loss or consdausness. restricted work activity or job tramfer. days away work. or medcd heatrnertt beyond ?rst Form approved 0MB no, 1218.0176 aid. You must 350 record slgni?cantworlr-raltmd injuries and illnesses theta: diagnosed by a physician or licensed heath cae professiona. You must also record work-related iritlles and illnesses I thatmeetany ofhe specilc recording aiteriaisted in 29 CFR 1904.8 through 1904.12. Feel ireetousehvo Iineslorasingle case! you need to. Yaumustoorrpleteaninjuy and llhess incident report - m? - (OSHA Form 301) or equ'valent form for each injury 0! Iness recorded on dis form. lfyOu're notsure whether a case is ca your local OSHA Of?ce for hen. namb?: r9 case Fal St tl?nl'e Hau' 0p ?3:1938 "68 a I Identify the person Describe the case Classify the case Enter the number of (A) (B) (C) (D) (E) (F) CHECK ONLY ONE box for each case based on days the injured or ill Check the 'lnjurY? column or choose one type Case Employee's Nane Job Title (9.9., Date of injury Where the event occurred (eg. Describe lnju'y or illness, parts of body atfected, the most serious [or that case; worker was; of mness; No. Welder) or onset of Loading dock north end) and dried/substance that directly injured or illness made person ill (9.9, Second degree sums on right forearm from acetylene tord'i) 0a on .ob ye away . Dean Rernatned aworlt Away transfer a F'?m restriction Job transfer Other record- work (days) or restriction able cases (days) (monay) sasseum rat ?3 9301 E): Buruomod it: 3 Motelidssu music (H) (J) (K) (L) Employee failed to control the truck, failed to secured cargo. drove at 3 Speed of (5355) MPH as he approached a curb, ages became loose making the truck to flip over on the left side; conequentty. employee suffered a fracture to his 1 1/03/2011 Rout 62 West collar bone and total loss of the truck and cargo. 90 6 Page totals 1 a 0 90 0 Be sure to transfer these totals to the Summary page (Form 300A) before you post it. Buruostod Uoltipuoo v~ Public reporting batten callecn'on of information is as?a?mahed to average 14 ninul'es per response, including limeto review the instrudion. search and gather the due needed, and complete and reviewthe collection at itionnaion. Persons as not requ?red to respond to the election of Information unless it displays a cu nentiy vald OMB 00ml nundIer. If you have any comments aboutthese estimates or my sweets of this data collection, contact US Depatrnent of Latter. OSHA Of?ce at Room 200 Consdm?on Ave. NW. Wmhirlgon, Dc 2021 0. Do not send the oonpleted forms to this of?ce. I I Page 1 (1) 8901 must)? MoIeJIdsea 0 JBPJOSIG HHS Ill! JWIO IIV p. 8. (4) (5) osi-m's Form soon (as. 01:20:14, Summary oi oak-Related injuries and illnesses All establishments covered by Part 1904 must complete this Summary page, even fins injuries or illnesses occurred during the year. Remember to renew the Log to may that the entries are complete Using the Loggcount the individual entries you made for each category Then we're merciels below, making sure you?ve added the entries from every page of the log. ifyou had no cases were Employees former employees, and their representatives have the right to review the OSHA Form 300 in its entirety They also have limited access to the OSHA Form 301 orirs equhralent. See 29 CFR 1904.35, in Recordlreepr?ng rule, for further details on the access provisions for these fonns. Number of Cases Total number of Total number of Total number of cases Totai number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 ?l 36 15 (G) if) (Jl Number of Dave Total number of days away from umrlr Total number of days of job transfer or restriction 1 9 303 (K) Injury and illness Typos. Tote? number (1) injury 49 (2) Skin Disorder 0 (3) Respiratory Condition 0 Poisoning Hearing Loss DD (6) All Other Illnesses 3 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Public reporting burden for this colleclion of information is estimated to average 58 minutes per response, including time to review the instruction, search and gather Ins data needed; and complete and review the mission of information. Persons are not required to respond to the collection of Information unless ii displays a currently valid OMB control number: lfyou have any comments about these estimates or any aspects of this date ooilsolion. contact US Department of Labor. OSHA Of?ce of Statistics. Room N-3544. 200 Ave. NW. Washlnuton. DC 20210. Do not send the forms to misoi?os. Year 201x. U.S. Department of Labor Occupational Safety and Health Administration Form approved mile on, 1218-01?6 Establishment information Your establishment name CASE FARMSI was! Street 1318 County Road City WinesiauggI State on Manufacture of motor truck trailers) ?rst; see- Standard Industrlai Classi?cation (SIC). if known (9.9. 810 3715) 2 1 5 OR North American Industrial Classi?cation if known (8.9.. 336212) industry descripti Employment information Annual average number of employees 499 Total hours worked by all employees last year ?1 454 412.33 u?u-u-l-u?qu?u? Sign here Knowingly falsifying this document may result in a fine. complete. 330-359-N41 I Certify that i have examina this a? tenfend that to the -..- of my knowledge the entries are true, accurate, and GRAL. MGR. Zip 44590 Title ?1412010 Date Amntlon: This form contains :nformatlm relan'ng to enozoyee heanh and must be used .n a manner that protects the corticontality 0? employees to the extent possibe who the Information is ooirg used for 0:01 .patiunal safety and bee purposes. Department of Labor Occupational Safety and Health Administration OSHA's .,Form 300 (Rev. 01/2004) Log of Work-Related Injuries and Illnesses ch mast record Won ?oat away work-remand inngy orillnaes lfar?nvolvm loss c-?oonsdousre?l won't asst-Sty oriob tar-star, days away from work, or ntdhaltreahnent oe'yond ?rst Form approved OMB no. 1218-0176 aid. You must also more slgn?flcant we'kJelalec injuries and Jinesses that we diagnosed ty 3 phys?cian at encased heath care orofessiona. You rrust dso record work-related iriurtes ant: illnesses I that meet any ctt?e spec??c record ng o'izoria tisad in 23 CFR1904.8 ljrrougr 1904.12. :eel tree :3 mtmlines for a single case? you read to. You mustcompleke an lrjury and illness lnddentreport (OSHA Form 301?,- yen uivalent farm for each injll?j or Lnoss rewrded cn Iris form, misuro mother acese ls recordable. cail yourlocai OSHAo?l?ce for help. ESta blighment. name case Fa Clty IWrnesburg I State I .. 3'5 73iclassj?rfyit??@5623 Ohio i . r. identify-the person, _1 ., Enter the number of daystr?ein1ured or worker was: (A) (C) (D) CHECK ONLY ONE box for eac'r case based on Case Employee's Name Job litte Date of injury Where the event cocu'red Dex-the injury or Illness, parts of bocy affected, nag mos: se?obs outcome 53: that case,- No. Wander) or onset of Loading dock north end) and object/substance mat d?l'ectly or - - illness made person Sede degree bums on right forea'm from acetylene tordt) Check the ??m'juzy? column or choose one type of illness: 0n job t'ansfer or restriction (dam Away From Work (days) (molday) I .sossoum Jeqi *3 or 'estr'ctlor n: sso?r ?uluosrod umphoo Ante: 13910510 Urns Strain to right hand while placirg mm: on pallets 1 104120? 0 Gel: room Dept. 136 Strain to right hand duo in repetitive use 0" knife 13 Sprain to Teri ande. ?lit by a combo. Employee sla"dln-? try a scale, a pellezjack Tovlng a com on reduce area, he acdde'ttally the injuring employee 33 at open wound to left hand by a pair of scissors left atthe bottom ofthe box 12 Infeczion on r?gnt ring bone f281201C' Dept. 109 Dept. 109- leg de-bone Dept. '09 pucturec- Garage Testicular contusion no of grime! disc broke am: on test'cies Dept. 109 breast depore Cot 0'1 left little finger w'm skinner machine Chicken HOUSE Carpal tunnel on Right hand Employee szebbed himself on too right lm; whie trying to prevenf a paper towel roll 50 fall to the ground. 7 23 Lawra'lon right. Index linger (La to 'rnrse slay w'iilo waning with promre gun 9 Stopped on pallet debries naEE EKG zett foot 7 Lower back musc'e strain; wh ?e lifting a 13 Lb. box at 3/2772019 139 Product?cr Dep?. 109 breas: cebono Dept. 134 by elevator .i21I201 ~129f201 421201 Basemon: 188 Page totals a 1 a 3 7 Be sure to transfer these totals to the Summary page (Form 300A) before you post it. :2 mlur ?nguosrod Putch burden for this mlezzt'on cr it!me is esimezec :3 average 1-: minutes perresponse. include: lime to "etiew the =nst'vaicn: seed: 3rd gather :12 data needec. arm concrete and review ie co?ection ct intonation. Persons are m: raquirot: t3 respond It: the cohesion of hformelion unless deplays a cure-?y valld OMB control mlmber, lt you have any zhzut these or a aspects of?is data collection. contact bs Departmentotiabor, Of?ce of Rom:- 200 Constmo". Ave NW. Washington, DC 20210. Us noteerrl the completed forms to his of?ce 5:01 BuyaeH Morerdseu leprosra opts sossougrr 7 yin)? . 5 . .- v-AVzt?fi. ?tf??h Attentiom his form contains information relating (y to employee health and rite-31b? used ?n a manner OS 3 (Rev. 01/2004) that protects the wt?centielily of employees to he Year 0 extent pars-shite while the information Is being used U.S. Department of Labor Log of Work-Related Injuries and illnesses Wm Yet. must record about every nut-"rattled injury or ihess ?at involves loss of consciousness, reszr'ctod work a?cb t'arsl?er, days away from work, or Italic-a treatr'ent beyond ?rst aiot You mstaisc recon: sjg?i?cant won-(Jointed isiurios and imsses that are ciagrosed by a uwsian or leased ream care profess?cna'. Ycu must also record mar-Mama injuries and illnesses that May cftne specific resorting alter}: Iistsd in 29 CPR 1934.8 througt 19(2411 Feel ?ee to 45!: two ?nes to a shoe cm ltyou need to. You nurstoomplete er tutor; and Lness - incidert report (OSHA Form 301} or eqrs?va?eottom .?or each injury or lease recanted on tiis form. Ifycu?te no: sure whether a case is recordabie, ca?s your local OSHA ottice for he a. em name case Farms City Winesburg State appr?vec?ona'?o. rare?one Ohio '1 '15 F: - .. 1 lde'n'tify'ith? vermin-2": "1 32?5- . . Enter the number of i (A) (B) (C) in CHECK ONLY ONE box for each case based on days :he =njured or ill Check the ?inng coltmn or choose one type Case Employee's Name Job Title (erg. Date of Where the event occurred (99. Desc'ibe injury orillness. parts of body effected. the most germs ?mama for that case; of "Mess: Welder) inl.ry or Loading c?ock north end] and object/Substancetoat c?irectty inizred or - .. onset of trade person ill (eigi Secorwl negree bums on illness rigrt ?cx'ear'r tram acety one torch) Mimi" ,1 'j 113:.- 3 021 job R?tmg'm" 3: transfer or remdim (days) (mo/day} ob transfer or rost'icticn 25:0 cases Ram-J". Elli!) as 01 mun-tori ?ouosiod unit was Aiozntarisaa .ru' lament] "tits 9; "air(J: (Ki (l-i 4. Emoloyee has in foot on he edge ol Lee eievalor Mien tho eleveth came down, hit 691417.010 8y snipping efevetcr' e'np (wees toot, Strain to tell tout. 1 C5114i2013 Fielc Load binder h: to lott side 0? face, 2 an out Contusicn to e1: middle nger. Employee moving .dudion floor a box The accidentally landed on He finger. 35 to tip of right band's middle fnger 5l28t'2010 Cone Lines with eleztnc 26 650312-2310 Holo Biro 00-an Tendonitis to left nands's [hum 14 White operating a errant; on pallet lack. Encloyea crushed his left foot with pallet lack against a (2921201 0 Shipping [Jock combo dry ice x. 8 Cut to right Index one middle ?nger: whi?e suiting 0512812010 Off All a art-mayo! 1 ?i Contis'or. to loft hand; hit hand with a cknr! 37itei2010 Chime? house noose (100' 10 Cu: to left index ?nger while outing c?ioken with a 19(20?20 Don: 1C6 Knife 10 Lascerat'ort to left arm. intentionally removed arm Dem. 103 guard and continue wo?lcir?g with knife. 3 08/02/2610 Dent 1C9 Le?leg laceration felfrom stem and c4! 10 Foreig.? nody In Right hand betWEen index and 8190.010 Dost 1C9 thumb 3 .. a Page totals 11 1 141 Be sure to transfer these totals to the Summary page {Form 300A) before you post it. Muosgod Amie; Pubic reporting burden for :15 Collector: summation ts estimates :0 average it rmtes per response: Inducing tim to review the Insmc?on. sea'ch and gather hadata needed, and compieze aid ravine-1'13 collecta'i 3i inlmtaion. Persons 36 notreqzired respond I) the collector. of information Unless it tfrsolays a awen?y valid (ME contra m. rnber. .fyou have my camera abcu: mesa estirretes or any aspects at this data contact: US DepamrtentoFLabcn OSHA Of?ce of Stah's?cs, Room M3644. 20f: Constitut'on Ave, MU, Wastingtor. DC 2021:). Do noisenn 11a corrpleted forms to this office. Page 2 of 5 sossou?n is.in 5501 Ewes? 19940910 ?.019 Attention: This form contains Information. relaer . to employee hea :h and must be used in a manner OS (Rev. that protects the confdenfia?y of employees to the lYearl extent posslb 0 who the information is oelng used to: occupational safety and nealth puposes. U?s- Department Of Labor Lag of Work-Related Injuries and Illnesses . . - lg. t. ugly, 41. l- .. .tl, .., .v You must record irionm?m anon! every wort-Mam injury or ifness hat irraolves loss c? consciousrress. res?fcted work activity or job L'arsier. days array from work. or medicated-mm Form approved OMB no. teyord ?rst aid. You must ciao record sfgr?cant watt-retake injuries and Nessa lhatarc ciagnoscd by a physicizr. orliccmd heat",- professional YOL must 650 mean! wait-mated I injures and illnesses that meet any 0! the speci?c recording criteria 55th an 23 CFR 1904.8 trough 1904.12 Fee. frec- tc use ?nes ?or asinglc case you need to. Yer. mstoornpoze an injury and illness Encidentreptxt (OSHA Form 331; or equlvaett form for each injun- cri'ness recorded on dis {cm Ifycu?re not sure whether a case Is recordable, call your loca' name case Farms arm. I City IWrnesburg I State I I identify j??f?eis'bnf Ohio . . . has? ,1 Enter the number of (A) (C) 431 (E) CHECK ONLY one box for each case based on days the iniu'ed or ill Check the ?Inw cclu'nn or choose one type Case Employee's Name Job Title (9.9., Date of Where he event occurred (39. Describe iury or illness, parts of body affected, the most ge?ous outcome for that case; worker was: of "mess; No Weider) injury or Loading dock north end) and that cirect'y injures anse?. of made person ii! (9.9. Second degree burrs Chess right foroamt from econ-Lem torcr) job transfer or restriction (days) is? Away From Work a, a_ o .4565 (days) (rnonay) Jetuo izv sso1 EuyaoH ?918 ?5 Source ed mtendaeu (G) (H) (K) (L) Adjusting the ergonomic stand. employee 331: on 38r11/7013 Dept. 109 a pc cf fat and fell on her right knee Slipped and fall: out under armpit by a pc or? 2 ?2/2013 Dept. 229 Total. Strain Right arm's r'mscie while washing a 250 2' ?12010 2nd. Processing Lb. combo 2 Bilateral Ter don?tis of wr? st due to Repetitive I1 2/2010 2nd. Processing Relative Motion 5. Employee cutli '19 procut with a ?ctive and failed [13120 0 2110'. Processing 103 to wear WE. cut to left arm. 4 sticnes W1 942010 2nd. Processing 109 Strain to due to reoet'u'vemo'jon I (0 3 I1412010 Waste Wattor Bum to right arm while welding Employee cutting product with a Knive. Fallec to 3 11712010 2nc. 09 wear PPE. Cut to left fo'ean'n Fmdure to trends thumb. Employee paaed 3 f19/2010 2nd. Processing 109 nis ?nger inside the easier machine. 434 [22/2310 Garage Back Sprain. w-iio trying to lift the truck brea-rs 3 12 Opened door at were?wnse rand got dirt or male! 1 srzerzatc- Warehouse in ia?t Employee outing product with a knife, fa?ed to wear PPE. Lascerat'on to le?t hand 3 middfe 6127/20? 0 Ev?sceraticn finger. required st'tohes. 15 Page totals Sure to transfer these totals to the Summary page (Form 300A) before you post it. MM 1 Moiendsoy Qublic reverting terer. for this oaliect'nn of iriomtdicn is csn?rreLezl tr: ave'aqe i-?o minutes per response. Tridudr'g line to review the inshucibn, march and sewer the data needed. anc con-plate and review the ooaection Persons am no: mqta?mr?. L0 rtspord to tie collect)": of information unless it risplays a an?c-ntly Viz-id OMB control anber. you have any am has estimates or any aspects of "is data mile-Start, contact US Sesamen: of Lauur. OSHA Of?ce of Statistics. Room $3544. KIC- Ave. NW, Walirgion. DC 202?0. Do not sen-1 the completed toms to his arise. Jopmto unis Attention: this form contains information reat?ng 4 to emp'oyee health and mus: be used in a manror OS rm 3 0 0 (Rev. 01/2004) that protects the con?dentiality a: employees to ['10 lYearl 201 . . extant Doss-hie while the information is being used I For occupational safety anc heath pu'poses. Log of Work-Re ated In Juries and Illnesses I I =l .. - .aL'o-Jt wormeiated lrg'u'y or illness twatinvoives'ioss ofconscimness. restrict??d not arctiVLty oriot; days m?rle ?a?tmatmert . Pom OMB 813176 beycn? ?rst aid. ?g?ou must also recon! sigrl?cam work-related lrjuies. and 2i=mnses n1 are by a physician or licensej heaEh care prolessiond. You must rho I irg?uries an?i-lnesses ha meetzny oilhesocci?c renting crizeria listed in29 CFR1304.81hraug.?.1904.12 "eellreetousatm linesicrasn?ndecase?you need to. You sztcomplele an Establishment name case Farms irg?u and ilkess Lmicent: vart OSHA Form 331 or .m'ait form?or each ir=u orilness recorded on thistcm It ou're not sure ?heme: a case #3 raconia?aze. call "our boat OSFA office . . . main 4 [City [Winesburg State[ Ohio A E'id?ntify .th? boson .. U.S. Department of Labor 1.. -1 i Enter me number of (A) (B) (E) (F) CHECK ONLY ONE box for east" hasm on days the tnjxed or ill Check the ?injury' oolun'n or choose one type C339 Name (99- 03?? 0" Wham 19-9- Descrbe mil-"i or 1179553- Pats 0" 50d? ?039d. the most serious outcome for that case: workerwas: No. Welder} injury or Lancing dock nor-Jr. end) and omes?tfsubstance that directly rived or 1 'r as. onset of made verscn ill (9.9. Second degree bums on Illness right forearm from acetyzen-z: torch) 3* "riff 0n iCb a :way Iransle.? or mm restriction W?rk (days) (days) (3) (H) (I) (J) (K) (L) [mo.lcay) Aro- widsoa I c' restrimion able cases sessaqn Jams 590 1 Guinea? Aminl 9, A ID A x. 412010 Production by cone line 6 Silo and fall, sprain right knee, right snide and timber strain 113 Cutting prodmzt with a knife; Cut to Zef?. head's #2010 Production thights middle ?nger 3 Cut to leit hits while a U18 1 board combo Fractured 'eft foot, forks of lin came down an his Garage foot 43 Sharpanlrg r0071, Knife sliopcc and cu: left 9124/2610 Sharpening kr?rfr: rocnm l'lumb Pulling tre inslcea of the out. a pc of U-01-2C10 Evisoerarlor Dept bone punctured rignt nand?s ring finger 101512010 Garage Putting tires back on trailer, chest pain Cut to chin: not paying attonjor?, :0 the task being performed. Untying oh?ckeri cages. cords warn wet. slipped off and hit 1 LA . . . Employee tailed :0 use LO To to mean the maestro rractL'ne, Put his right ?ngm 'nslde :o =m1r2310 Dept, remove the guts. Mach-r0 pinched t?is linger, 10 )1 Employee was not wearing the metal triest?. glove when handily tie knits; oortsequentty. sne pustuer the top of her raft hand when she was 11?. Cone lines cutting the nroduct 2 Employee holding the wing of a chicken to pt.? it down when coworker puncture the top of his Cone Lines 0 C) r. 9 ?0 N) Page totals Be sure to transfer these totals to the Summary page (Form 300A) before you post it knit" Put-5c repO'?ng harder ?or this cialecton ct ittoirmllor is Md to average 14 rri'iutes permsponse, inching time to rni'inw 3-5-1 ?stucicn search and gather the cata needed, and complete aid review he colect'on citriomdicn. Persons are not required to respond in the member. oilnl'ormaz'cn unless it displays a wreme valid OMB nontm' 'tll'?bCJ?. .t you have my aboizhese es?rna?es or any aspects data ocllocfc'i. contact: US Beams-n: of Lane; OSHA Ol?oe $3644. 203 Consduition Ave, NW, Wastington. DC 2-3210. Do not and Hit completed toms tottsoftze. page [4 cf5 (1) (2) is; (41 (51 (6) 2335 - 35:. - 5958901? 13410 it! $501 Dupes? Bums: cd moieigc?sea UMS . r?nrn Attention: This form contain in?cma?sn re?alng to . . an: amp] ne Ith em ?*that (9 OSHA 5 Form 300 (Rev. 01/2004) Weighsinningi?iif?pro??lxem Year I 2010 I while the :nformatbn ls bebg Lsed for occqaalional saMy ard health exposes. Departinth 0f Labor . {3.11. 11.135? ?Ii-:33 2; 1] $5.25} 1-: 'g I a Yer. mus! recur: mm about every work-elated Inass ta! Ia: of cancer.) wees. Instructed work a my or lab L'ms'a' dare: away run mm, a: Form approved 0MB ro, 1213.017?) matica haycnd EH ch mast also 'ueo-zl aigril'lcan: realm inpics md hat analog-bead by a physiclm ??awed heallh care :rdmianas. ?(au 221.5: 321mm?: Wk?Ielled :njuries and illnesses the! any at he soaa?ctm?g grits-a "god in 29 CFR 19cm 19:412. Feel free to . use :m Ines hr :1 sirgle case i? -cu need to. You nusnomplete 'q?ury and mess Incidmt rqn: 331) a: swivaienl ion- far 531: injryor ilress [Landed name case Farms m?isfrm Ihrau'rc roam whether araseiuecacxle?dl miocal OSHA o??caiarl?da. Iwmesm?g I State I Ohio :memry?t?rwrepze?rson . Entet the mmbef of days (A) (B) . (Cr :1 CHECK ONLY ONE box fo? each case based on the the ?rjured o' worker Cas EmpitJyee's Nara Job We Dam of Injury Where me even Doscrbe injury or lline 53, parts of may mast seams outcome {or rte: case; a (19.9., Weldu') or onset occurred (cg. affected. and shied/substance that directy -. No. Hinges Loading dock inij or mace person El: (9.9. Second norm end) degree bums on rig?rtforea'm from acetyiene torch} Check me "injury sclum orcnoose eve ly?penof mess: I 1 . I. On job AwayFrom J?ob. Work or ab'e cases (days) (days) (money) ?meuil 5901 Burn-0"? mmuoo Lclm'd sea Emma was (G3 (H) (I) (J) (K) Enaloyee was curing a 0M when a ct? worker at the same time was a.an 2 Dept. 109 Cone second bird, inc. Mker?s knife 5J1 124mm: hes employee?s right hand. . 1127/2910 At?ck Errpkayee was assisting with the run'ing of new electric wires when he slipped am tel: or. a beam: consequency, he received a contagion on right side of rib cage. Turned to grab next b.rc. ce-wsrker acoidmla'ly stanbod win 97! lire mm 109 forearm 10 Empioyaa wnhcut asking Squrvi-srx decided to assist co-worxer cui bane from product wi?h 11 krer wi'hout weaning proparr PPE (radar trash cve) puncm'mg her lei hand 2.2212010 at the base of me thumb. Employee was Iii:an the gear for a paint Each w?:ower back 20/9010 Maintenance Sm .umrbar Stram. a a Page totals 4 1 a 25 Be sure to transfer these totals to me Summary page (Form 300A) before you post iL Mn uompuoo Pr?c refrztirg nicer ?ur lr's aim-Alan ls esinated k: M39914 af?xes pa: legume. incluqu (ma :0 leva: km intruder, sag-d: and gnlha me dala healed. ma m?ote md rev'm me animation 3? Normaten Peraana as no: requirec (a were 1h: widow of muesli displays a wrain mic OMB omlm? rum. l?ynu have my comments ma ea: rates a ary await: c: this :lala co radian, mantra: J8 ana?mnl eraser 08M 00%? or swims. Rm New. 233 Castmirx' Ave Wasting?m. no mo. Cr) Page I 5 5f 5 I (1) (2) (3) (5) sassaum mm: 3901 Bunsen Momrdsau EPIOSKI UMS r? . - ?if"ar?t-xc-z' an . 4 a? . ?rs?trl?ii?a - ?in. bis?: Form 300A (Rev. 01r2004) Year 2009 Summary of Work?Related Injuries and Illnesses Form approved OMB no. 1218?01'i'6 All establishments covered by Part 1904 must complete this Summary page. even if no injuries or illnesses occurred during the year. Remember to review the Log to verily that the entries are complete Using the Log. count the individual entries you made for each category. Then write the totals below, Establishment information making sure you've added the entries from every page of the log. if you had no cases write Employees former employees. and their representatives have the right to review the OSHA Form 300 in Your establishment name CASE FARMS its entirety. They also have limited access to the OSHA Form 301 or its equivalent. See 29 CFR 1904.35. in OSHA's Recordlreeping rule. for further details on the access provisions for these forms. Street 1818 COUNTY ROAD 160 Number of Cases City WIN ESBURG State OHIO Zip 44690 Industry description Manufacture of motor truck trailers) Total number of Total number of Total number of cases Total number of POULTRY PROCESSING deaths cases with days with job transfer or other recordable away from work restriction cases Standard industrial Classi?cation (810). if Known Sic 3715) 7 a 0 3 63 ?25North American industrial Classi?cation (NAICS). if known 336212) Number of Days Employment information Total number of Total number of days of days away from job transfer or restriction Annual average number of employees 570 Ultan 3 Total hours worked by all employees in (I 257/ 1049 2009 125216255 (Kl (Ll injury and illness Types Sign here Total number Knowingly falsifying this document may result In a fine. (M) (1) Injury 95 (4) Poisoning Skin Disorder 0 (5) Hearing Loss 2 (3) Respiratory COHdition (6) All Other Illnesses ?l certify that I have ex ed this document and that to the best of my knowledge the entries are true. accurate. and complete. General Manager Chuck McDaniel ??tle 330-359-7141 'It?loi'ztl'lo Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burden for this collection cfinformaticn ls estimated to average 56 mlnutss per response. including time to review the insh'ucticn. search and gather the data needed, and complete and review the collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. If you have any comments about these estimates or any aspects of this data collection. contact US Department of Labor. OSHA Of?ce of Statistics. Room N-3644. 200 Constitution Ave. NW. Washindton. DC 20210. Do not send the comnleted forms to this I unison: 'hu hm: wnlalns rmaung I Wp-Lyw hers: and um! be [35:41: I *rne? that F-?or?m 300 (Rev. 01/2004) ia'oiactmemse'??emydempmmom 1:220: 0055 DIV-153160010 ?tam-911m mnwasnd i Log of Work-Related Injuries and Illnesses 1 or nmlpauou "My and healzh putposes, U.S. Departm?th of Labor I 2-1 p. A C'xeratnnal Sakty and Health Acr? mat?dim - r-zr?r- I. .- .14. .- .-..L.L -. Vru nusIm-u .I?eu erman tax-rm um: appru?vd 0M3 no. 12190176 new: rat on. mam: magnum?. won-mm: mm: axioms: rum (lamb): studdana [earned malaise rem Wen- I hw1934.?2. .- Ewbl'smm "me Fm? . lurty [Winesburg 81:15: I Ohio . 1.53 3 - Tiff-f aw? .. .. Ella the numhnr :4 {a 5F: CHECK ONLY box for can nsvbasod on days Ito injured er :1 Chem :he rJury' calm or chaos: our. typed Case Employed: luv-e EJob T11: (19., km a! W":tu Ihe even! saute: (c g. 0cm he iriury was. part body ended, 95 mos: we? MM mg W's-cu) injuryot '_oasung Jocknum em) andobjacvmtanearataimcuymwrec arm a: . psi. I . I ?.31 r3 - I II: J. onsezc?: pumliagswonacwreemmsonnu? . I 1: fawn-from euMenetW) 0.3. I .H I . [mwdl? .. 5 transforot' Job Hamlet O?muwa-d- . a 'Q?h?l?m atI-u cam ways, (Gays) I jmwunuaao 3119?} 53.1464 Mum?d . 3 huwlcsuu - yen-05m une I aw . r. ma?a?i? max 1m 3.7m: 9. - a. . char Emma to Fight hip 5:133:31?. ?columnar 'I?mm?w? - a. 0131109 Sarova Room Fall and Fractured nghi elm-w 1 14 2I11109 F'oduction Floor Right nanc contusion. sprain 03103139 Ewsoera?cn Pen/1c fracture .?cot 8. 1 ?4 D1I1IUOQ f?r?l? ., 03113409 1C3 Right Wns: Tendon?s 03124139 Production Floor WM {weaken . 03/2409 Dep: 138 Drumsticks Frgdued left [11a?nger a 33 141 03124109 309'. 111 3qu debone Strain to wn'sI 2: 0325109 Production Foot 50mm omectf?ew .nto Rim: at Page totals transler these totals to the Surrmary page (Form 300A) before you post 21 WIHDUOD Pr:qu-ItmhutuJul sum: 113:1:qu ?unused new! trauma: at warm 3mm man {you C?izn #um M344 ZOJWML 1M. Marmmoczcm hm"- ?83? l' on I 4 :43 (5: (6) 3mm; slug. mums uamwc was a mean? mun mi?uuaad ?We. - Ad. I Attention: This form infermatlcn relating . to employee health and must be usec a manner OSHA 5 Form 300 (Rev. 0112004) tratprmects the ww?denuanwemmoyeessome IYearl 2009 I extent possible while the information is oe'ng used for oxJpat?sonal safely and health purposes. U-s- Department Of Labor Log of Work-Related Injuries and Illnesses . . - *rtia? 1.. - . :11. .- - - . You .?n'orrnation m1 every work-related injw or Iness mat inches lass ofconsdousness, went actrity orlob lranskr. days away from work, Form appcov 0MB no. 121842176 beyond ?rst Yo? ms: also wear: signi?cant work-related irguries anc illnesses ma: a?e c'agnosed by a orieensed heath care prolessiorai. You must also mordwk-mlalcd I injures and Buasses ?utmetxyoft?ra speci?c racrd?ngcriterfa ?5121 in 1913431117)th 1901.12. Feel free to usetwo fnestorasirgio case i501; need to. You mstcomplete an Establishment name Case Farms injury and iness i'lddemrepm Form 30?) c; equ?walenzfomrfor 9am lry'ury or ?tness recorded an mistorm. l? yore not sure whothera caseis recordable. call your local OSl-Aof?oe [City [Winesbmg I State I - . 9M, Ohio Enter the rumoer of (D) (E) (F) cascx ONLY one box for each case based on days the ingued c? a: Chem the ?irriLry? or choose one type (A) Case ?to (B) Employee's Name Job Title (9.9. Welder) Date 01 Where the event ochred (e Sosa-Ibo Injury or Illness. oats of oody a?tected, the most ?50? onwmef .hat case: we; I . of illness. Injury 0" Loading dock north end) ant: otgoctisuostanoezha: diredly injuredor 7? 1' . V. - . 0738? 0! mace person i (3.3 Second degree mes on - illness righ: forearm from noctylana From trends," or on.? rewrm work restrictcn (63343} Jobtransfer Quest-idle" able cases (days) (H) (3) (J) (K) (L) (no/day) {assoulzl Joule IN 5301 Emma? ?uiuosgod JBDJOSHI) Ul?iS Mrllu; UOHKJUOU 3.: (4) A 0 in" r. Production floor Contusron to Left fool Product'on ?oor Laceration to R?ght ?ndex ?nger Producton Iloo: Left f'lp a. who? contusion. know man Maintenance Flash burn and ?ore?gn ob?ect in Le?t Produd?on lloo.? Tertdonltis in Right w'ist Production ?oor Tendor2itis Right wrist Ma?ntenawce Foreign object hit left eye: cornea abrasion lloor I acoratian to Left forearm Pmde?or1 floor Laceration to left ?nger Promoter. floor Conluslon to Right ankle Prochtsor? ?oor contusion to right knee . . -.- . .w 1-.- .. 'a'v'n-tfg . .331"- .. . . . - 95;; \l (D . 11 Ca Page totals sure to transfer these totals to the Summary page (Form 300A) before you post it. Bulunsyod ucwcuog Nomads?; PL hlic repom'ng human [unis :3 lemon allian?afon is estimated to average 14 ninu'ns per i1nludfng time to renew the hstuc'jon. search and gather the data needed. and ccnaiata am: Mew the collean c? informabcm Pe'sons an; nc?. requirec respmd the collector of .?nfomatim Urless it cisplays a carenty valid OMB ccon nuntar. ym have any Garment:- about mesa eszim'ns or any aspects at 1'5 data aoGactlon. ocutac: US [18.9mm 0i abet. OSHA Of?ce of Smt?s?m. Rm N-SSM, 2C0 Cmsiiw?on Ave. NW, Washington. DC 20210 Cc not send the co: nplezed form :0 ml: c?lca sessa um mus 990'] 61111991.. (5) Page [we (1) (3) (4) Attention: This form contains information rotating 4 to employee health ard be used In a rear Form 300 (Rev. 01/2004) Year 2009 Log of Work-Related Injuries and Illnesses ?or oranEiJc-ml safety and health purposes. Depament Of Labor Oswaatronal Safety and Health Admlnistratjcn - l-Z' . gnu'il.Xil. .rq-lz- ~41 -, .. You trustrecord abode-Jay work-related lrgury or ltness matinwlves toss c?ccmiousness. astray mob ram, days away framwuk. or medical L'earmem Form approved 0MB no. 1218-0176 beyond tL'st air; You must also record sigri?cantwork-ralaad injuries and Inesses thatae diagnosed by a physician or licensed hedlh care :Iofesslond. You mstalsc recom won-related I injuries and illnesses that meet an; of?m Speci?c recording criter?a listed an 29 CFR1984.8 through 1904.12. Feetfree?o are two mentor case it ya. need tc. You must an - cas Farms May and Illness maememn (OSHA Form for east injury or ilress recorded or. 315 form lfyoune not sure ?have a case is recordable. cal yourlocd OSHA am E?tabIIShmleg. name I I9 for hem. mesburg State ?34. Enter the number of E) (F) CHECK ONLY ONE box for each case based on days the injured or in Check the "lnjury? Golan". or choose one typo (A) Case No. (0) Job The (erg, Welder) Employee's Name Date of Where 3?16: ever: occurred reg. Describe injury or fitness. galls of body attracted, me most 99;; of illness; injury or Loadrg dock norm em) and cbjectisunszance mat directly lnjured or I - onset 0" made oo'son? (19.8me degree burrs or llmess forearm from acetylene to?cn) 0.5 for mat cgse: worker was: Rel? i Away ?Engligrl7 or 3 . From Job tar:st Work ??93?in ahie cases (days) zoeggeway; (mo/day) restriction (days) bolergd Tessa.? Jaqto mpJosza ulxs .2. sso I dupeeH [21 593 9, ?v e. (G) ll} (J) (K) (L) Production Floor laceration to left trdex?nger Promd'r'm Floor Ccntusian to ieft index ?nger Productlon Floor Fmdured womd to right foot Production Boar Product {ulsd splashed or both eyes Production chor Laoe?ation to left wns: Production Fear Contagion to left toot Production F'oor C3 atasion to left thu'rb Produdlon Ftcor Lu?nbar strain 11 J18i2009 Production Floor Common to facr. Productlon oar Conthion to right leg?s 109. 5 Production Fioor Stacked by bone splinter on Left thumb Tense: sizing contusion to tor. hand 145 Labor Lace-alien to right Fern-9x ?nger v: 2 Page totals 3 8 a 161 Be sure to transfer these totals to the Summary page (Form 300A) before you post it. artful Ouguostod 4??!pr Public reoorfrg burden form?s collection of information is estimated to average 14 mlcuzes per response, 'mcL'dan time to rel/kw we Inst'uc'dor. seven and :atber the data needed. anc oon'plete and renew 3's collec?on cf lnfomatlcn. Persons are not required to respond tr: the Detection oflnformt?an uriess ?displays a current): vaid OMB control mmber. It you have any comments at)? these estimates or any asaects c?tnis caa wzecton. some: LJS Cepmant of -ahor, OSHA C-?loe cf Sta?s?cs, Room 24.10 Ave. NW, DC 20210. Dc notsenr?. temp and form t) this of?ce. sasse-Jm Jame 3501 Bureau Arolegdseu 1691090 Ul?lS - Attention: This ?rm contains information relating . . . I to orrployee realth and must be used in a manner (REV. 01/2004) that pmicds Ins: con?centialily clemployeeslolhe [Yearl - I extent posslb white :he Narration is being used rt L'ab Log of Work-Related Injuries and Illnesses Occupationa; Safary an: Heath You mustrecord infocmalior about em wort-related irjury or llness Iratirvolvas Poss restricted wk acja'izy crjol: translat, days away lmr. mom, or medical weame Form OMB m. 1218-0176 teyond ?rst id. You nus: also lemrd signi?cam work-{elated in?un?cs a1? messes Swat are diagnOser.? 3y 2] physician at tensed nealth caze pmfessimal. Yo: must also imam Wat-related I Irjur?es and masses mm met any of the speci?c criteria ?m 29 CFR1904.8 ?xrougt 1904.12 Feel?ree to use lwa hes far a sinje case lyca need lo. Ycu trust cumlelc a1 - :?nluy and [Jess ln'dent repor. Form 331) orequiva'en: four. for lean ?njxyu illness reamed on 11115 fom I?you?re mt sve when: a case ?5 recardable. ca your local OSMof?oe E?tabIIShmem. name case Fa in. Mm ICity lwineshurg State I ?ihe Eiiar the nut?ber of (A) ?33 (?33 (D) (E) (F) CHECK ONLY ONE box for each case based on days the mixed or ill Back the "injury caiurnn or choose. one type Case Employee's Name .Scb Tide (9 9.. Dale cf Where me event (6.1T, ifjury or 'Ilnesa, parts of sody affected, mg most S?gious cum?, in: ma: mm - mm was; Cf jfimss: N0. Weldar) injury 0" Loading dock rodh end) anc objedisubslance thal directly injured orset of mace person ill lag Second degree buns likess righ: forearm ?mm amtyicm [0171) On transfer or restr?ction (days) (mo/day) or res?iic?ion able cases 198410 EN 330 ?upesH JODJOSKJ Bu uoclnd - AJnlul (D A (n A a A (G) (I) (J) (K) (L) Produclim Hoar Pundured left Pa'rr. Production Floor wntusmr: to rlgl'rt leg 7 Produ?tion Floor mgr-3? i 13w.? Production Floor Spral'l to 'lght hand Produd'or? Hc Back St'ain 16 7i02lf>? Productlor?. Floor Sprain to both wrists 7107;09 Production Flocr Chas: contusion 0/13/09 Production Flocr Lumba' Swain l?3f2009 Production Floor Contusior. to loll wr'sl I'7l13509 Production Floor Puncture to left hand I7l1 5/39 Production loo: Pundim lo hand Production laceration to left ride: finger I7l21/39 Production Laceration to left him fngePage totals 0 Be sum to transfer these totals to ihe Summary page (Form 300A) before you posl it. Balmsod uompuag Mnlul Pubic reporting girder :cr this oollec?cn cl informat'cn is eszlr'latec to avenge 14 ninutes per lessonse, lncludirg ma rmiow the :ns?mction. seas. am game: he data needed. and compete and m?ew'l?e coleczlon ?Narration. Dams zre rot matted lo won-d to the collection cfin?s-ma?on unless]: a anally valid OMB comm. number. fyou have any conn'ents about these cam-ates 0: any aspects cithls data coiiection. comm; LS Department at Labor. OSHA one of Sta?sfcs. Room 200 Constitution Ave? w. 3C 2G210. Do :?Ci Send lhe .?umls to Inls 95:9. 3501 64er Molegclseu Jamesla UHS sassamu Jami) Page 4 of 8 I (1) (4) (5) (6) . Attention: 'his ?om contains irformatior. mating :0 6 . . - employee health and must be used in a name' that OSHA 5 Form 300 (Rev. 01/2004) preteen moon?demlaity or employees to the extent Year 2009 I . possible while the Honmtlon is bean used Lo of We rk- Related In es a II In esse ?d ?Wm? Lab? 9 Cccupa: onal Safety and health Acministran?on 935" in 12.1: :31; r, . x] If 15.73; 3 15:: You mal mad Notation abcu my worudalsd i ry at has: lirmlves less dcmsooum. resz'iclec work acziv ly or lab rm, days away from work. or Form app?cved OMB no. 1218-0176 Ireairranl teycrd ?rst aid. ?or. must also 'eoord mlk-el?ed sad news are dlagrosed by a or licensed as? we mull-mama] Ya: mus! also 193-18 rum inasfasrgecaos lyo. . case Farms need to. V0. must actuate mirjuy 3153mm Fo'm 301) cr Nun/alert: lam In! each Illness recorded a: ?'19 farm. l?votlre not ?mm 3 marge I St ONO case we local OSHA of?ce for halo54}: 1? .Jl? A Enter the number of days (A) (5) (C) (E) (F) CHECK ONLY ONE box for each case based or. :he the 'rjured or worker Cast-r No. Employee's Name Job True Data of injury Where no event Describe injury cr lEhL-ss, Dans of body mos: serious outmne for that case: (6.9., or msel of occurred (8.9. affected, and mat :flrect?y g3 gaff. . Welder) i: ness Loading dock ingured or made person I :eeg. Second north and) Gegu turns on ?ght forearm from acetylene norm) Chem the "injury" co umn or choose one type of il.ness: 55 .- 01 job *c?rn'worki Away From caws?eror Job-dander Olher 6mm; with?" able cases (Gays) {mo/day) 19pm SIC . r. i: 1.: 3' 5501 Squared may.qu Klomldsoy um; Halal A 8? A (G) (J) (K) (L) (1) [28/2009 Production {00' anarab'on tr) Righl 10 Production foo' eacora?on to righi band's thumb Production ?oc' Strain to right would I 102009 Production for)? ?Jacara?on to left hand Index ?nger I 311M009 Procucuon ?ocr Conansion lo r?gh: rip bow, lunbrar sprain 6 u- ?3109 Procucmn ?00? ?acoralion to left 'rdex ?nger l? 3109 Producllon ?oor Abraslcn head Injury I: ?3/39 Production floor Muscle strain 1: mm ribs I 17/2009 Pdection ?oor Slip and fall occlusion mind/09 Production floor Abraslcn lo r7911 foot $105.09 Production foor egg contusion g; - 1 ae . a KKXK 5r-r'7- :?f'3-3.7 . :93. ?aw 43 totals 5 Be sure to transfer these to?als to the Summary page (Form 300A) before you post it. sessauu Lnll-?I Nola: delay Publlc 'eporfhg burden for Bis median cl hfmalm 's asllmalod Ia average ?3 minutes worse {riding lime :0 review the 'nsln?im 91c gala 1'19 can needed and complete md rein.? t're ccledion of ?1?ormdin Permrsam not required to respond lo lhaca action hrorrwim uriazs 5: (spam raid OMB control number. {you have my cameras that lbw: esh'mtae a My aspecla aflhis daLa a: lectim, aa1la:l.? US Depalmam of Labor 08% 053cc ol Ram ?@644. 200 Ccm?txm Ave. MN. DC M10. 00 not serc he foam l1: His of?ce page 19px;ng 1mg 341? Ii .. edged- ?rm .. . Attentlon: this tom contains :nfomation relating . . - to emplo ee health and must be used in a manner Form (Rev. 01/2004) that protein's me con?dentiality of employees to the iYearI extent possible while the info'mation Is being used US. Department of Labor Log of Work-Related Injuries and Illnesses 21"? . I 771'?: t] If? Yet. nus:re