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In The Winery



               while on the job. This is not always the case. Each            Frequent Winery Violations
               year thousands of employees die from work-relat-
               ed deaths and thousands more are injured on the        Below you will find some of the frequently cited
               job, many of which require numerous days away        OSHA regulations within the winery industry. If you
               from work. This not only causes pain and stress for   click on the heading of each, it will take you directly
               the employee and family but also costs employers     to the federal OSHA regulation.
               (such as you) billions of dollars each year.
                                                                      General Duty Clause: OSHA requires that each
                 The Occupational Safety and Health Act (OSHA,      employer “furnish to each of its employees a work-
               commonly called the OSH Act)was enacted in 1970      place that is free from recognized hazards that are
               to “to assure so far as possible every working man   causing or likely to cause death or serious physical
               and woman in the Nation safe and healthful work-     harm to its employees.”
               ing conditions to preserve our human resources”.
               This OSH Act consists of a number of safety and        With this you’re expected to identify and correct
               health regulations that employers are required       any health or safety hazards present in your work
               to follow. The OSH Act also allows states to enact   environment. This is a “high level” standard and
               their own safety and health laws as long as they     a serious responsibility that you as an employer
               are at least as strict (meaning some states regulate   must address to reduce the chances of one of your
               more than others) as the federal standards. As a     employees being injured or harmed. OSHA provides
               winery, you are required to comply with these stan-  guidance on what elements should be included in
               dards (either federal or your state’s program). So   an effective occupational safety and health pro-
               how do you think you doing?                          gram.

                 If you’ve never experienced an OSHA inspection,      Some states (such as California) even require that
               the National Safety Council has an excellent article,   employers develop a written “Injury and Illness
               “What to expect when OSHA is inspecting” that can  Prevention Program” (IIPP) which is a basic safety
               provide you with valuable insight regarding OSHA     program tailored to your winery operations. As part
               inspections. This article also highlights a list of pro-  of an IIPP you are required to identify the hazards
               grams that require records and proof documents       within your workplace and how you can eliminate
               that you may need to be maintaining.                 or reduce them.

                 For this article, we’ll highlight frequently cited     Hazard Communication:  This standard requires
               federal OSHA regulations for wineries (within NAICS  that you must provide your employees informa-
               Code of 312130) during the past year as well as      tion about the hazardous substances to which they
               violations cited in California (with one of the larger   might be exposed. This needs to be a written pro-
               state OSHA programs and a large number of winer-     gram that outlines your winery’s policies and pro-          Photo Courtesy of: Morton Buildings
               ies).  We hope you and your winery find this infor-  cedures. You must use Safety Data Sheets (SDSs),
               mation useful. We suggest you use this information  appropriate labels and other forms of warning,
               to develop a checklist that you can use to help      along with training to make sure your employees
               improve your safety program, where needed, and       understand the substances and how to protect
               perform inspections to help you “see the low hang-   themselves.
               ing grapes” regarding OSHA compliance. Of course,
               there may be  other safety regulations that may        Permit-Required Confined Spaces:  Generally
               also apply to your winery so you’ll want to consider  speaking a confined space is a space not intended
               seeking out professional advice regarding any addi-  for continuous occupancy and has limited means
               tional standards that may apply.                     for entry or exit. These have the potential to con-
                                                                    tain a hazardous atmosphere and other potential
                 Should you need help with any of these regula-     safety or health hazards. Fermentation tanks, silos
               tions, you can contact your local state OSHA office;   and sumps are examples and must be evaluated
               most of them have a free voluntary compliance        to determine if they meet the definition of “per-
               division that can offer free advice and assistance.   mit required.” In turn you must prepare the space
               They can also provide you with the specifics of each  before entry and test the atmosphere with a cali-
               of the regulations governing your state.             brated direct-reading testing device. This standard

               877-892-5332                    The Grapevine • January - February 2021                          Page 21





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