STATE OF WASHINGTON

DEPARTMENT OF LABOR AND INDUSTRIES

Division of Occupational Safety and Health PO Box 44600 Olympia, Washington 98504-4600

March 29, 2012 WILCOX FARMS INC WILCOX FARMS FEEDMILL 40400 Harts Lake Valley Rd Roy, WA 98580 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 $2,700.00 Citation and Notice of Assessment Washington Administrative Code (WAC) Violations. Employer Appeal Rights You have 15 working days to appeal this citation. Inspection: UBI: Region: Inspector: Reference: 315789503 600105029 3-Safety AMY DRAPEAU (M1106) 203101043

If you have questions, call the compliance supervisor, LEE PYFROM, at (253) 596-3892. Respectfully,

Anne F. Soiza
Anne F. Soiza Assistant Director Division of Occupational Safety & Health

Enclosure(s)

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

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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. All postings 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.

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Citation Invoice
Inspection: 315789503
UBI: Legal Name: DBA Name: Inspection Site: 600105029 WILCOX FARMS INC WILCOX FARMS FEEDMILL 405 McNaught St, Roy, WA, 98580 Issued: Opening Conference: Closing Conference: Inspector: March 29, 2012 February 2, 2012 March 15, 2012 AMY DRAPEAU M1106

Summary of Assessed Penalties

The Citation and Notice of Assessment includes a full description of each violation. Violation Item 1-1 Violation Type Serious Correction Due Date Corrected Penalty Amount $2,700.00
$2,700.00

WAC 296-307-07009(1)

PAYMENT INFORMATION

Attn: DOSH Cashier Department of Labor and Industries PO Box 44835 Olympia, WA 98504-4835 Or deliver to: Any L&I office

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Write Inspection number 315789503 on the check and mail to:

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Make check payable to the Department of Labor and Industries.

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Payment is due 15 working days from receipt of this citation.

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_____________________________________________________

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Total assessed penalties

Citation and Notice of Assessment Inspection: 315789503

UBI: Legal Name: DBA Name: Inspection Site: 600105029 WILCOX FARMS INC WILCOX FARMS FEEDMILL 405 McNaught St Roy, WA 98580 Issued: Opening Conference: Closing Conference: Inspector: March 29, 2012 February 2, 2012 March 15, 2012 AMY DRAPEAU M1106

Message
There were recent legislative changes to RCW 49.17.140 which eliminated the automatic stay of the requirements to abate a violation during the appeal process for serious, willful, repeated serious, or failure to abate serious violations unless a stay is granted from DOSH or the Board of Industrial Insurance Appeals. ***Until new agency rules are effective regarding stay of abatement requests, DOSH will not issue failure to abate violations for any serious violation on appeal. DOSH is developing rules for stay requests. It is intended that these rules will be effective in early 2012.***

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For information about the rulemaking process, including timelines, notice of public hearings opportunities for input, and effective dates, see http://www.lni.wa.gov/Safety/Rules/WhatsNew/Proposed/default.htm and click on Administrative Rules or call the DOSH Rules program at (360) 902-5530.

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***There has been NO change for employers who need more time to fix hazards and just want to extend their abatement date. Employers wishing to do so should contact DOSH Compliance for written permission.***

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Violation 1 Item 1 WAC 296-307-07009(1)

Violation Type: Serious

The employer did not ensure that employees load and unload motor vehicles safely. Employees operate the slide gates of the finish feed tanks at the feed mill to unload feed into a tanker truck while on top of the tank. There aren't any safe communication procedures between the employee and the truck driver. If the truck is driven forward while the employee is on top of the tank and not prepared, the employee is at risk of trips, falls, or getting struck by or caught in or between the steal beams and other parts above the trailer. Employees could be seriously injured with cuts, bruises, broken bones, crushing injuries, or even death. This violation was corrected during the inspection. Assessed penalty: $2,700.00

Appeal Rights
Inspection: 315789503

For Employers
If you are cited for a violation of Occupational Safety and/or Health rules, you have the right to appeal the citation. You have 15 working days from the date you receive this citation to appeal. (RCW 49.17.140(1)) "Working day means a calendar day, except Saturdays, Sundays and all legal state holidays. Your appeal must be in writing. It may be mailed, faxed, or personally delivered. Your appeal must include: Name, address, telephone number, and fax number if available of the employer who is appealing, and for the employers representative, if any, such as an attorney or interpreter. Inspection Number (You will find this nine-digit number on your citation.) 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. Note: Employees and/or employee representatives may elect to participate in appeal hearings.

Posting requirement:

For Employees or Their Representatives

Your appeal must include: Your name, address, telephone number, and fax number if available and the same information for anyone who is representing you, if any. Inspection number. Statement explaining why the correction due date should be changed.

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

Send all appeals to:

Assistant Director for DOSH Attn: Appeals Program PO Box 44604 Olympia, WA 98504-4604 Fax 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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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.

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WILCOX FARMS INC WILCOX FARMS FEEDMILL 40400 Harts Lake Valley Rd Roy, WA 98580

WILCOX FARMS INC WILCOX FARMS FEEDMILL 40400 Harts Lake Valley Rd Roy, WA 98580