Federal investigators have uncovered severe safety violations at Legacy Cooperative’s Hemingford grain elevator, leading to more than $500,000 in proposed penalties after determining that workers faced life-threatening risks of fire and explosions due to the buildup of combustible dust and ineffective dust control systems.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) initiated an inspection in March 2024 following a complaint about unsafe conditions at the facility. The inspection was part of OSHA’s regional emphasis program for grain-handling facilities in Nebraska.
According to OSHA, the company permitted grain dust to accumulate more than one-eighth inch thick in critical housekeeping areas, including the bottom belt tunnel and around elevator legs. OSHA investigators also found duct tape wrapped around the dust collection system in an attempt to repair it, reducing its effectiveness and increasing its vulnerability to failure.
“Grain dust fires and explosions are a well-known industry hazard, which makes Legacy Grain Cooperative’s failure to control dust where a belt’s friction could easily cause ignition inexcusable,” said OSHA Area Director Matthew Thurlby. “Employers must develop company-wide safety procedures to mitigate known grain-handling dangers and ensure workers are trained to recognize hazards.”
OSHA issued two willful and 22 serious safety and health violations, proposing penalties totaling $536,965. The violations included:
- Not conducting regular inspections of equipment.
- Failing to certify completion of preventive maintenance.
- Non-compliance with permit-required confined space regulations, including procedures for entry operations, hazard evaluations, and training.
- Exposing workers to fall hazards from unguarded stairway holes and a lack of handrails.
- Electrical safety failures and improper use of flexible cords.
- Lack of required forklift training.
- Failing to label hazardous chemical containers properly.
Legacy Cooperative, established through the merger of Farmer’s Cooperative and Panhandle Cooperative earlier this year, has 15 business days to comply, request an informal conference with OSHA’s area director, or contest the findings.
OSHA’s investigation highlights the need for stringent safety practices in grain-handling facilities. The agency has partnered with industry groups such as the Grain Handling Safety Coalition, the Grain Elevator and Processing Society, and the National Grain and Feed Association to address these hazards and improve safety practices.
