January 31, 2019 600 AM
MARFA, PRESIDIO – The Occupational Safety and Health Administration has fined Baeza Feeds $16,000 for six “serious” violations at its Godbold Feed Mill in Marfa after a complaint was lodged last year about the now-closed facility.
The investigation opened August 27, 2018, and violations were issued January 9, 2019. Baeza Feeds operated the mill from 2001 to 2018, and still runs a feedlot in Presidio and has ranching interests.
The El Paso branch of OSHA explained that three courses of action are available after receiving a citation. The company may begin an informal conference, pay tåhe fine, or contest the fine in court. Baeza Feeds was required to notify the local El Paso OSHA office by January 22 of their course of action, and has elected to pursue an informal conference to litigate it with the OSHA office at this time.
Salvador Baeza of Baeza Feeds claims, “OSHA came in and they didn’t even check all of what they’re saying they checked.”
He explained that when the investigator arrived, “OSHA was told that the mill was going to be for sale, and they left.”
OSHA received a complaint prior to the company selling the mill property to a restaurant group. OSHA visited the site under Baeza Feed’s ownership, but the investigators did not issue the violations and fines until after the building had sold. Reached for comment, Agricole Hospitality, the restaurant group that purchased the mill with other partners, confirmed that they are not involved in the investigation. The mill is to be repurposed as a sotol distillery.
The OSHA office also provided information that the investigation was opened when “someone called in a complaint.” On the condition of anonymity, the person who submitted the complaint explained, “Somebody became ill, and we wanted to know if it was work related, or if there were any unsafe conditions that could’ve caused the illness of that employee.”
“A call was made, a report was made, and OSHA went ahead and followed up,” the source said. “It took about five months to get the report.”
After the citation was issued, they were unsure if the citations related in any way to the former employee’s illness. They placed a call to the OSHA offices, “because I want somebody to call me back to understand. I’m still unclear and unsure. There was a note at the top that said no violations may come.”
Speaking about the experience with OSHA, they said, “That’s why we have these agencies, because companies, industries, or organizations have the responsibility of protecting their employees.”
Asked how the company will handle the issue now that the mill has closed and sold, Baeza responded, “We’re going to get a lawyer.”
The six violations were all classified as “serious,” and the statues allegedly violated by Baeza Feeds are as follows.
All places of employment, passageways, storerooms, service rooms, and walking-working surfaces are kept in a clean, orderly, and sanitary condition.
If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with this section. The written program shall be available for inspection by employees and their authorized representatives.
Energy control program. The employer shall establish a program consisting of energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative.
Guarding. Pulleys, any parts of which are seven (7) feet or less from the floor or working platform, shall be guarded in accordance with the standards specified in paragraphs (m) and (o) of this section. Pulleys serving as balance wheels (e.g., punch presses) on which the point of contact between belt and pulley is more than six feet six inches (6 ft. 6 in.) from the floor or platform may be guarded with a disk covering the spokes.
Sprockets and chains. All sprocket wheels and chains shall be enclosed unless they are more than seven (7) feet above the floor or platform. Where the drive extends over other machine or working areas, protection against falling shall be provided. This subparagraph does not apply to manually operated sprockets.
Approved for the hazardous (classified) location.
