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Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to asphyxiation in confined spaces: a)Between Brooder Barn 1 and 2 - On or about March 12, 1996, one employee had entered a confined space which consisted of an underground tunnel three feet deep by 4 feet wide and 40 feet long. Prior to entering the tunnel the atmosphere in the tunnel was not tested to determine if it was safe to enter. The employer did not have any instruments to test the atmosphere in confined spaces. b)Rendering Plant - The employer did not have a written confined space entry program to cover entry into the cookers. The employees enter the cookers to perform maintenance and to clean the cookers. The cookers have not been labeled as confined spaces. The employer did not have any test instruments to determine if the atmosphere in the cookers is safe to enter. Among other methods, one feasible and useful method of abatement would be to develop and implement confined space procedures and test the atmosphere in the confined space prior to entry.
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