Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1485247.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $9,446.00
Current Penalty: $4,723.00
Issuance Date: 09/22/2020
Nr Instances: 1
Nr Exposed: 35
Abatement Date: 10/26/2020
Gravity: 10
Report ID: 0729300
Contest Date:
Final Order: 10/27/2020
Related Event Code (REC): C
Emphasis:
Substance: 8330
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 10/27/2020 | $4,723.00 | 10/26/2020 | Serious | |
| Penalty | Z: Issued | 09/22/2020 | $9,446.00 | 10/26/2020 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act: 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. Employees harvesting and shipping melons were exposed to potential heat hazards during the performance of their duties. On July 20, 2020 an unacclimated worker sorting watermelons was hospitalized with Rhabdomyolysis caused by heat stress after working three days in high temperature and humidity conditions. Among other methods, several feasible and acceptable abatement methods to correct these hazards are to follow guidelines contained in the OSHA document "Using the Heat Index: A Guide for Employers", and the NIOSH document "Criteria for a Recommended Standard, Occupational Exposure to Heat and Hot Environments." Specific recommendations include: 1. Establish and implement acclimatization procedures for all harvesters and sorters, including temporary workers, who are either new employees or have been away from work for several days. Incrementally increase heat exposure from 50% exposure to 100% over the course of at least 5 days as indicated in NIOSH, Working in Hot Environments Preparing for the Heat, and OSHAs Heat-Related Illness Prevention Training Guide. 2. Identify and track employees with previous heat injury due to the higher risk of repeat injury during high heat index conditions. Direct lead employees in charge of employees with previous heat injury to increase the frequency of rest breaks, track hydration, use personal cooling methods, and to report any symptoms of heat illness immediately to the owner. 3. Modify the company Heat Injury and Illness Prevention Program to include procedures that recognize and account for additional risk presented by heavy physical exertion and working in direct sun on collection routes. Effects of sun and heavy physical exertion are not included in the calculation of the National Oceanographic and Atmospheric Administration heat index. NIOSH and OSHA guidance suggest additional measures be taken to address the increased risk of heat injury presented by these factors. 4. Implement a comprehensive work-rest schedule adjusted for the predicted level of heat index, sun exposure and level of exertion. 5. Implement a hydration schedule to ensure workers drink approximately 1 quart of water per hour, but not more than 12 quarts total per day to avoid sodium depletion (hyponatremia). 6. Provide workers with personal cooling measures such as buckets of ice and cooling cloths. Instruct lead employees to watch workers for signs of heat illness, and implement required cooling as part of a comprehensive work-rest schedule adjusted for the level of heat index, and as a first aid measure in response to worker symptoms. 7. Establish and implement diagnostic procedures to be used by lead employees to proactively evaluate suspected heat illness symptoms being displayed by employees, including temporary employees. Use criteria to determine when medical treatment is indicated. Do not rely on self-diagnosis or requests of potentially impaired workers to determine when medical treatment is necessary. 8. Physiologically monitor workers by establishing routine and periodic checks of body temperature and heart rate of workers when the heat index, adjusted for sun exposure and level of exertion, indicates a high risk of heat illness. Monitor body temperature and heart rate as a means of determining when medical treatment is indicated. 9. Decrease the physical demands or pace of the job to reduce metabolic load of heat stress. Add extra personnel to physically demanding tasks, or rotate workers to less strenuous routes or tasks. Abatement Certification and Documentation is required.
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