Compromise Order - 24-0129-SH-SW - Performance Foodservice
On June 20, 2024, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a routine compliance inspection at Respondent's business pursuant to 49 U.S.C. § 5121 and 49 CFR § 107.305. PHMSA's Investigator reported two (2) alleged violations of the HMR.
Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violation, as set forth in the Investigator's report, on September 25, 2024, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("Notice") alleging two (2) violations of the HMR and proposing a $6,900 civil penalty, which included a reduction for corrective action.
During the informal conference between Respondent and PHMSA conducted virtually on October 17, 2024, Respondent reiterated its efforts during and following the inspection. In addition to training all affected hazmat employees (not only the certifying employee cited in the Notice), Respondent continued to revise and produced compliant shipping papers (manifests). In recognition of the above efforts, and in the interest of settlement, PHMSA and Respondent have agreed to reduce the civil penalty for each violation by 20%, below the assessment proposed in the NOPV.