Wilcox Farms June 2013

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STATE OF WASHINGTON

DEPARTMENT OF LABOR AND INDUSTRIESDivision of Occupational Safety and Health

PO Box 44600 Olympia, Washington 98504-4600

June 27, 2013Inspection: 316763598

WILCOX FARMS INCWILCOX FARMS FEEDMILL40400 Harts Lake Valley RdRoy, WA 98580

UBI: 600105029Region: 3-Health

Inspector: KENYA SAENZ (T0128)Reference: 203177399

Dear Employer:

Enclosed are the results of the safety and health inspection of your workplace. This packet contains:

Citation Invoice The total assessed penalty is $10,000.00 Citation and Notice of AssessmentWashington Administrative Code (WAC) Violations.

Hazard Correction instructions and form- Correct all violations and return written verification oradditional penalties may result.

Employer Appeal Rights You have 15 working days to appeal this citation.

You must immediately post this Citation and Notice of Assessment at or near where the violation(s) occurred,where employees can easily find and read it, or where employees normally receive posted information. Allpostings must remain until you have corrected all violations, or for three working days, whichever is longer.Working day means a calendar day, except Saturdays, Sundays and all legal state holidays.

The Occupational Safety and Health Administration (OSHA) publishes Division of Occupational Safety andHealth (DOSH) inspection results on the Internet at www.osha.gov, since this information is available underprovisions of the Federal Freedom of Information Act. It is posted 30 days after the date the results are issued.

If you have questions, call the compliance supervisor, DAVID JOHNSON, at (253) 596-3908.

Respectfully,

Anne F SoizaAnne F. SoizaAssistant DirectorDivision of Occupational Safety & Health

Enclosure(s)


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Citation and Notice of AssessmentInspection: 316763598

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UBI: 600105029 Issued: June 27, 2013

Legal Name: WILCOX FARMS INC Opening Conference: April 16, 2013

DBA Name: WILCOX FARMS FEEDMILL Closing Conference: June 6, 2013

Inspection

Site:

405 McNaught St Roy, WA 98580 Inspector: KENYA SAENZT0128

Violation 1 Item 1 Violation Type: SeriousWAC 296-99-040(6)

The employer did not ensure an employee representative personally monitored the work to prevent employee

exposure to illness or injury from atmospheric hazards during the entry into grain storage structures.Cited for not monitoring for oxygen, airborne dust,and toxic gases such as hydrogen sulfide, in the north corntank, and in the containment pit, during the entry.Possible injuries and/or death from exposure to atmospheric hazardous.

Correct by: 7/30/2013Assessed penalty: $2,400.00


The employer did not establish their accident prevention program (APP) in a manner that is effective inpractice, and tailored to the needs of all the types of hazards associated with their agricultural operations.Cited for not following Wilcox own procedures on vaccinating pullets, and not reporting the injection incidentimmediately to the supervisor.Not following proper procedures and not reporting accidents immediately could result in serious injuries andhospitalization.

Situation not believed to exist any longer. However, if this violation isidentified again during future inspections, it may result in repeat or failure to

abate violations which may include penalties.Assessed penalty: $2,000.00


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Violation 1 Item 3 Violation Type: SeriousWAC 296-307-55020

The employer did not make sure that material safety data sheets (MSDS) were readily accessible to employeesso that they could immediately access the information in an emergency.Cited for not providing a copy of the Salmonella Enteritidis Vaccine MSDS to the employee who was injectedwith this material.Because a copy of the MSDS was not given to the medical clinic, proper treatment of the accidental injectionwas not rendered immediately, causing a serious infection to the injected employee.

This violation was corrected during the inspection.Assessed penalty: $2,000.00


The employer did not provide, maintained, or used proper equipment required in a permit required confinesspace.Cited for not providing a ladders for safe entry and exit by entrants in the containment pit.Employees are exposed to a fall hazard of 5 feet, when not using a stable means to enter and exit the

containment pit.

This violation was corrected during the inspection.Assessed penalty: $400.00


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The employer did not ensure that minimum precautions were met when employees entered and occupied grainstorage structures including flat storage, according to all applicable requirements of WAC 296-809-50014(3),confined space, which states the employer must establish procedures for:* Contacting rescue and emergency services.* Rescuing entrants from permit-required confined spaces.* Providing necessary emergency services to rescued entrants.* Preventing unauthorized persons from attempting a rescue.

Cited for not having adequate rescue and emergency services available before entering the permit requiredconfined spaces of the containment pit, and the north corn tank.

Employees who enter permit-required confined spaces without adequate rescue and emergency servicesavailable are at risk of serious injury and/or death if they cannot be safety removed from the space.

Correct by: 7/30/2013Assessed penalty: $800.00


The employer did not ensure that the entrants into the confined spaces knew the hazardous conditions theymight face and their required duties.

Cited for not fully informing employees of the hazardous conditions that might exist and their required duties asentrants. Employees entered the permit required confined spaces without knowing the exact hazardousconditions of the containment pit, and the north corn tank.

Injuries and/or death could result from exposure to an oxygen deficient, hydrogen sulfide, combustion of grain

dust or mechanical hazards in the confined space.

Correct by: 7/30/2013Assessed penalty: $2,400.00


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Violation 2 Item 1 Violation Type: GeneralWAC 296-809-20004(1)

The employer did not inform employees and control entry to permit-required confined spaces.Cited for not posting danger signs, or using any other equally effective means to inform employees of a permitrequired confined space area in the containment pit.

Unidentified Permit Required Confined Spaces might not be recoginized by employees if they are not properlymarked. These confined spaces could have an oxygen deficiency, mechanical hazards, airborne dust, or toxicgas hazards.

.

This violation was corrected during the inspection.Assessed penalty: $0.00


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Hazard Correction InstructionsInspection: 316763598

What you must do now:

Check the correction due date(s) shown on the enclosed Hazard Correction Form. You must fully correctthe hazards by these dates.

Describe on the form how you corrected each hazard, rather than what you intend to doin the future.Examples:

Right: All staff have received the required training.

Wrong: All staff will receive the required training next week.Use attachments if you need more space. Submit additional documentation of hazard correction ifrequested in the citation packet.

Fill in the date you corrected the hazard and sign.

Post a copy of the completed form for at least three working days, or until you have corrected all

violations, whichever is longer. It must be posted near the hazard location or in a place that is readilyaccessible by affected employees and their representatives.

Send your completed form to the address provided.

Note: If we do not receive written confirmation you have corrected the hazards, we will take follow-upaction, which may include additional penalties. If you provide us with false information, you may face criminalpenalties.

If you are unable to fix the hazard(s) by the correction due date(s):

We must receive your written request for an extension before the correction due date(s) listed for the hazard(s).

Correction due dates are shown on the enclosed Citation and Notice of Assessment and on your HazardCorrection Form(s).

Extensions are not automatically granted. To be considered for an extension, you must provide the following:

Inspection number, employer name, telephone number, and site address.

Violation and Item number for each requested extension.

Correction due date on the citation and additional time needed.

Steps taken to fix the hazard by the correction due date.

Why you cannot correct the hazard by the correction due date.

How you will protect your employees until you fix the hazard.

For more information, contact:Or call: (253) 596-3908

DAVID JOHNSON, Compliance SupervisorDepartment of Labor and Industries950 Broadway, Ste 200Tacoma, WA

You must post all documentation associated with your request for extension with your citation packet. Allpostings must remain until you have corrected all violations, or unless you have appealed and received andposted your hearing notice.


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Hazard Correction FormInspection: 316763598

UBI: 600105029 Issued: June 27, 2013

Legal Name:WILCOX FARMS INC

DBA Name:WILCOX FARMS FEEDMILL

Site Address: 405 McNaught St, Roy, WA, 98580

You must complete this form and return it to: KENYA SAENZ, Department of Labor & Industries950 Broadway, Suite 200, Tacoma, WA 98402Or Fax to: (253) 596-3903

I certify that the hazards described in this Employer Certification of Hazards Corrected have been corrected as described above.Affected employees and their representatives have been informed of the correction activities. I am aware that knowingly providing

false information may result in criminal penalties (RCW 49.17.190(2)).

Signature Name

Title Date Phone No.

DOSH USE ONLY

DOSH Reviewer's Signature Date

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Violation(s) are fully described in the Citation and Notice of Assessment section.Violation, Item & Group# Type of Violation WAC# Violated Correction Due Date

1-1 Serious 296-99-040(6) 7/30/2013

Violation Summary: Did not monitor during the entire operation

How you corrected the hazard

Date you corrected the hazard1-5 Serious 296-809-50014(1) 7/30/2013

Violation Summary: Did not have adequate rescue and emergency service


Date you corrected the hazard

1-6 Serious 296-809-50022 7/30/2013Violation Summary: Entrants did not know hazardous conditions on CS


Date you corrected the hazard


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Appeal RightsInspection: 316763598

For Employers

If you are cited for a violation of Occupational Safety and/or Health rules, you have the right to appeal the citation. Youhave 15 working days from the date you receive this citation to appeal.(RCW 49.17.140(1)) "Working day means acalendar day, except Saturdays, Sundays and all legal state holidays. Your appeal must be in writing. It may be mailed,faxed, or personally delivered.

For violations classified as serious, willful, repeat serious, or failure to abate serious, an employer must correct the violations by thedate listed on the Citation and Notice / Employers Certification of Abatement form unless a stay of abatement date is requested inthe appeal as described on this page. A stay of abatement date means the employers requirement to abate or correct the hazard isput on hold until the appeal is resolved. All general and repeat general violations under appeal automatically have stay of abatementdates until a final order on those violations has been issued. If you only need an extension of an abatement date, please see the abovesection entitled, If you are unable to fix the hazard(s) by the correction due date(s).

Your appeal must include:

Name, address, telephone number, and fax number if available of the employer who is appealing, and for the employersrepresentative, if any, such as an attorney or interpreter.

Inspection Number (You will find this nine-digit number in the top right corner of this page.)

Statement explaining:1. What you think is wrong with the citation and any related facts.2. How you think the citation should be changed.3. What relief you are seeking and why.

If you are requesting a stay of abatement date for serious, willful, repeat serious or failure to abate serious, you must also

include:

Each violation and item number for which a stay of abatement date is requested; and

The reason for the stay of abatement date request.

Note: Employees and/or employee representatives may elect to participate in appeal hearings.

Posting requirement:You must post your appeal documents (along with this citation packet) until the appeal is resolved.You must also post all other documents related to this appeal.

For Employees or Their Representatives

If your employer is cited, you may only appeal the correction due date(s).

Your appeal must include:

Your name, address, telephone number, and fax number if available and the same information for anyone who is representingyou, if any.

Inspection number.

Statement explaining why the correction due date should be changed.

Send all appeals to:

Assistant Director for DOSHAttn: Appeals ProgramPO Box 44604Olympia, WA 98504-4604Fax to: (360) 902-5581 or deliver to: Any L&I office

For more information call the Appeals Program: (360) 902-5486.


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WILCOX FARMS INC

WILCOX FARMS FEEDMILL40400 Harts Lake Valley RdRoy, WA 98580

Wilcox Farms June 2013

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