Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1169509.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $12,471.00
Current Penalty: $12,417.00
Issuance Date: 12/13/2016
Nr Instances: 1
Nr Exposed: 5
Abatement Date: 08/12/2017
Gravity: 10
Report ID: 0728500
Contest Date: 01/11/2017
Final Order: 08/31/2017
Related Event Code (REC): A
Emphasis:
Substance: 8320
Substance: 8330
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 08/31/2017 | $12,417.00 | 08/12/2017 | Serious | |
| Penalty | C: Contested | 01/25/2017 | $12,471.00 | 01/17/2017 | Serious | |
| Penalty | Z: Issued | 12/13/2016 | $12,471.00 | 01/17/2017 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
Section 5(a)(1) of the Occupational Safety & 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 recognized hazards related to working outside during periods of excessive heat: a) The employer is failing to prevent employee exposure to heat-related illnesses, to include but not limited to hyperthermia, during sod laying work. On or about August 11, 2016, at a worksite located near 9474 E Leslie Ave, Kansas City, Missouri, employees installed approximately 1,000 square yards of sod at a new residential construction site over the course of 10 hours while exposed to temperatures as high as 98.1 degrees Fahrenheit with a heat index as high as 105-106 degrees Fahrenheit. The National Weather Service issued a heat advisory August 11, 2016, that stated the combination of hot temperatures and high humidity will create a situation which could lead to dangerously hot conditions and which could quickly lead to illnesses. This condition exposed employees to heat-related illnesses to include hyperthermia. An employee suffered a fatal heat-related illness as a result of this condition. Among other methods, feasible and acceptable means of hazard abatement include: (i) acclimatizing employees returning to work after an extended absence to working in the heat; (ii) training supervisors and other employees in the proper response to employees reporting heat induced illness symptoms, which includes stopping work, getting to a cool place, and providing help, evaluation and medical assistance, (iii) requiring trained supervisors to go into the field and conduct in-person evaluations of employees complaining of heat induced symptoms, arranging for medical attention or other assistance as necessary; (iv) establishing work rules and practices that encourage employees to seek assistance and evaluation when experiencing heat stress symptoms; and, (v) establishing a heat stress management program which incorporates guidelines from the ACGIH's threshold limit values and biological exposure indices and/or the National Institute for Occupational Safety and Health (NIOSH) document, "Working in Hot Environments;" such a program should be tailored to the particulars of the employer's work, and may include, the following: 1. Providing adequate amounts of cool (50 degrees to 60 degrees F), potable water and electrolyte replacements (specific recommendation should be made by medical consultation) in the work area and require employees to drink frequently, e.g., one cup every 20 minutes. 2. Provide a work/rest regimen. 3. Training employees about the effect of heat-related illness, how to report and recognize heat-related illness symptoms and how to prevent heat-related illnesses. 4. Including a heat acclimatization program for new employees or employees returning to work from absences of three or more days. 5. Providing a cool, climate-controlled area where heat-affected employees may take their breaks and/or recover when signs and symptoms of heat-related illnesses are recognized. 6. Providing shaded areas where heat-affected employees may take their breaks and/or recover on worksites that don't have access to climate-controlled areas. 7. Providing specific procedures to be followed for heat-related emergency situations and procedures for first aid to be administered immediately to employees displaying symptoms of heat-related illness. 8. Using dermal patches for monitoring core temperature to better identify when workers need to be removed from the work area. 9. Allowing employees to modify their work schedules in the summer months to begin an hour to two hours earlier, and end their shift one to two hours earlier. 10. Monitoring the National Weather heat advisories or alerts and physically checking on employees in the field during heat advisories or alerts.
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