The following information is based on inspection data from inspections of California wineries performed by Cal/OSHA from October 2007 through September 2008. The regulations cited most frequently are listed below, beginning with the most often cited violation. The regulations referenced in this paper can be viewed on the Cal/OSHA website at http://www.dir.ca.gov/DOSH/dosh1.html.

After reviewing the following information, we suggest you review your written safety programs and identify your potential liability exposures and areas for improvement. Please remember, Davis Environmental is ready to assist your winery to address your occupational health and safety concerns. We would appreciate your consideration should you decide to use an environmental and safety consultant.

1. Title 8, Section 5144: “Respiratory Protection Program.”
   This standard requires employers in workplaces where respirators are necessary to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. An appropriately trained individual must administer the program. Air sampling, medical clearance, fit testing of respirators, and employee training are required. 

The most frequently cited item is the failure to have a written respiratory protection program.
2. Title 8, Section 3203: “Injury and Illness Prevention Program”.
   Every employer is required to establish, implement, and maintain an effective Injury and Illness Prevention Program (IIPP). The regulation defines the basic requirements of the program. The lack of a written program, or an inadequate program, is cited most frequently. This is followed by incomplete documentation of periodic inspections and employee training.

The IIPP is considered the cornerstone of the Cal/OSHA standards. The IIPP establishes policies and protocols for the implementation of an effective safety program for the District. A Cal/ OSHA inspector will always ask to see a copy of the winery’s IIPP during an inspection.
3. Title 8, Section 3314: “Lockout/Tagout”.
   This regulation applies to the cleaning, repairing, servicing, setting-up, and adjusting operations of machinery and equipment. A written hazardous energy control program and employee training are required.
4. Title 8, Section 342: “Reporting Work-Connected Fatalities and Serious Injuries”.
   This regulation requires that every employer must immediately report any serious, work-related, injury, illness, or death of an employee to the nearest Cal/OSHA office. Immediately means as soon as possible but not longer than 8 hours after the employer is notified of the incident.
5. Title 8, Section 3457: “Field Sanitation”.
   This regulation applies to all agricultural employers. Employers are required to maintain and provide potable drinking water and appropriate toilet and hand washing facilities for employees.
6. Title 8, Section 5189: “Process Safety Management of Acutely Hazardous Materials”.
   This standard provides requirements preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive substances. A process hazard analysis must be conducted, a written program must be implemented, and employee training must be conducted.
7. Title 8, Section 3395: “Heat Illness Prevention”.
   This regulation addresses preventing the occurrence of heat illness. The regulation requires that employees have access to potable drinking water and shade. Employers are required to implement a written Heat Illness Prevention Program. Employee and supervisor training is also required.
8. Title 8, Section 3328: “Machinery and Equipment”.
   The requirements of this regulation are to maintain machinery and equipment as recommended by the manufacturer. Mobile equipment must be operated at safe speeds that do not endanger employees.
9. Title 8, Section 3668: “Powered Industrial Truck Operator Training”.
   This standard requires that employees implement a forklift operator training program. Wineries are frequently cited for the lack of a formal training program.
10. Title 8, Section 5157: “Permit-Required Confined Spaces”.
    In general terms, a permit-required confined space meets the definition of “confined space” and also has the potential to contain a hazardous atmosphere or any other recognized serious safety or health hazard. Fermentation tanks which contain organic material are an example of permit-required confined spaces since the contents will continue to ferment and produce carbon dioxide thereby posing an asphyxiation hazard to employees who enter the tank to clean it out or perform other maintenance tasks. Sumps, hoppers, silos, and other confined spaces must be evaluated to determine whether they meet the definition of “permit-required”. 

The most frequently cited items within this section relate to deficiencies in preparing the space properly prior to entry. In particular, the absence of testing to evaluate the atmosphere in the space with a calibrated direct-reading instrument prior to entry is a common violation. Another frequently cited item is the lack of a written permit space program that complies with the regulations and outlines the policies and procedures pertaining to confined space entry at the facility.