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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 1162439.015

Citation: 01001

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $7,572.00

Current Penalty: $5,300.40

Issuance Date: 09/28/2016

Nr Instances: 2

Nr Exposed: 50

Abatement Date: 02/14/2017

Gravity: 5

Report ID: 0521700

Contest Date:

Final Order: 10/25/2016

Related Event Code (REC): C

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 10/25/2016 $5,300.40 02/14/2017 Serious  
Penalty Z: Issued 09/28/2016 $7,572.00 02/14/2017 Serious  

Text For Citation: 01 Item/Group: 001 Hazard:

OSH ACT of 1970 Section (5)(a)(1): 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 potentially exposed to an oxygen deficient or toxic atmosphere associated with carbon dioxide or nitrogen: a. On or about July 12, 2016, in the Hamburger Room, employees were not adequately protected against the release of carbon dioxide and a toxic atmosphere in that: the process room where employees operated the hamburger grinding machine that used carbon dioxide was not provided with a gas detection and alarm system to warn employees of a release of carbon dioxide. b. On or about July 12, 2016, in the ParFry and Cracker Barrel rooms, employees were not adequately protected against the release of nitrogen and an oxygen deficient atmosphere in that: the process rooms where employees operated spiral freezers that used nitrogen were not provided with an appropriate gas detection and alarm system to warn employees of a hazardous atmosphere. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is completed must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase and/or repair of gas detection equipment and purchase of appropriate alarm systems.

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