US grain company faces massive fine after OSHA settlement

The settlement​​ was announced in late December and stemmed from contested citations issued by the Department of Labor’s Occupational Safety and Health Administration (OSHA) in 2012, the agency said.

The company must pay a $182,000 penalty.

An explosion at Bartlett’s grain elevator in Atchison, Kansas resulted in six deaths and injuries to two employees, reported OSHA. At the time, the company was cited​​ for multiple safety violations and fined $406,000.

The new agreement​​ reduced the overall fine and changed the classification some of the remaining citations, said OSHA. It also requires the company to review and audit its safety and health system along with increasing employee training.

“By agreeing to the terms of this settlement, Bartlett Grain Company has made a commitment to invest in its employees, and work with OSHA to follow best practices, and make significant changes at its facilities nationwide,” ​said Kimberly Stille, regional administrator with OSHA. “OSHA will ensure that Bartlett Grain implements its commitment to improve safety for all of its employees under this agreement.”​

Bartlett Grain Company did not respond to a request for comment by press time.

Remaining citations ​

The comprehensive settlement applies to safeguards, audit procedures and training to be offered at 20 grain handling locations in six states, said OSHA.

The company initially contested the some of the reported safety citations and proposed penalties, which led to a reevaluation and reconsideration of statutory factors used to establish the proposed penalties, the agency said.

The remaining citations the company has to address include that the company had failed to review its emergency procedure plan with all employees, the agency said. Employees also were exposed to grain handling hazards as there was no documented frequency for cleaning or inspecting elevator leg magnets.

“An employee, who transferred from one of the employer’s facilities to the Atchison facility was working in or near the grain elevator, was exposed to hazards associated with grain handling when he was not provided site-specific training prior to starting work at the Atchison facility in specific procedures and safety practices applicable to his job tasks,”​ the agency said. Contractors also were reportedly not offered enough information regarding the safety mustering point.

Employees also were exposed to grain handling hazards as records failed to include the year of inspection, said OSHA. The “employer did not document the basis for the frequencies set forth in the preventative maintenance schedule.”​

Additionally, some employees were exposed to potential fall hazards while working on railcars as they were not using fall protection, the agency said. The company also was found to not have properly documented the removal of fugitive grain dust after the accumulation reached a certain amount as employees did not properly maintain housekeeping logs.

“On or about October 15, 2011, employees working in and near the grain elevator were exposed to hazards associated with grain handling in that compressed air was used for cleaning inside the grain elevator without first obtaining a permit documenting that machinery that presented a potential ignition source was shut down or controlled,”​ the agency reported.

Several initial citations also were withdrawn as part of the settlement, the agency said.

With the agreement determined, the company has withdrawn its “notice of contest”​ and had agreed to pay the $182,000 penalty, the agency said.

Settlement details​

Bartlett Grain has already taken steps to abate several of the noted violations, OSHA said. The company has also agreed to a series of “enhanced abatements,”​ which are set to run for three years.

The enhanced abatement terms are set to apply to all of the company’s grain elevator facilities, the agency said in the settlement agreement. The arrangements include that the company will review its safety and health system and ensure that it aligns with OSHA’s recommended practices – this process is set to be audited by a third-party. 

The company also will have an auditor complete a safety and health review for all of its grain elevators in operation, the agency said. These checks have to include a look at the electronic safety tracking system, develop facility-specific recommendations, comply with OSHA standards, establish an abatement process and the findings and responses will need to be shared with OSHA.

Additionally, the company’s electronic safety system has to be updated to track several items including safety policies and procedures, safety training, housekeeping, preventive maintenance for grain stream processing equipment and safety audit details, the agency said. The company’s housekeeping program, preventive maintenance practices, magnet inspection program, emergency action plans also must be updated at each facility.

Bartlett Grain also will have to conduct emergency drills annually at every operating grain elevator, the agency said. Employees will have annual training on grain bin entry, the procedure for freeing choked elevator legs and continue a community outreach and education program on grain engulfment and rescue.

“Respondent [Bartlett Grain] will acquire and maintain grain bin rescue tubes at all locations,”​ according to the settlement agreement. “Respondent will maintain its program of working with first responders on grain engulfment rescue, including donating rescue tubes and providing information and assistance as appropriate.”​