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OSHA Bakes Up Fines for Cookie Manufacturer Nonni’s Foods LLC

Feb. 20, 2020
A worker was hospitalized after a fall.

A gourmet biscotti producer is facing $221,257 in fines following an OSHA investigation into a fall.

Oakbrook Terrace, Ill.-based Nonni's Foods LLC exposed workers to falls and other hazards at its Ferndale, N.Y. facility, the agency found.

“Employers must provide training, and utilize appropriate equipment and work practices to protect workers from falls and amputations,” said Amy B. PhillipsOSHA Albany, N.Y. area director.

The Ferndale production plant is one of 4 facilities that bake premium specialty cookies and other goods.

OSHA initiated an inspection two weeks after a worker was hospitalized following a fall on Aug. 7, 2019.

The company also failed to re-train forklift operators about correct uses for powered industrial trucks, which led to a serious violation related 29 CFR 1910.178 (l)(4)(ii)(A)

Another serious violation related to 29 CFR 1910.219 (h)(1) was discovered on a conveyor. Two rotating keyed bearings on a conveyor opened workers to caught-in hazards as machine guarding was not present.

Nonni's Foods LLC received two willful violations. Item 1 of the willful citation states that the employer did not ensure workers were protected against falls, specifically 29 CFR 1910.28(b)(1)(i). The storage area on top of the facility's break room exposed workers to 8 ft. 9 in. fall hazards while walking and standing on top of it. No guardrails or fall protection was provided. The proposed penalty for this citation is $92,526.

Item 2, the second willful citation, regards the OSH Act of 1970 Section (5)(a)(1). Inspectors found that Nonni's Foods instructed employees to retrieve stored material by standing on the forks of a forklift that elevated them to a storage area on top of the break room. 

Lastly, Nonni's failed report the injury to OSHA within 24 hours, an other-than-serious violation of 29 CFR 1904.39 (a) (2).

About the Author

Stefanie Valentic

Stefanie Valentic was formerly managing editor of EHS Today, and is currently editorial director of Waste360.

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