Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1538867.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $9,557.00
Current Penalty: $5,256.00
Issuance Date: 11/10/2021
Nr Instances: 1
Nr Exposed: 7
Abatement Date: 11/26/2021
Gravity: 10
Report ID: 0214500
Contest Date: 03/07/2022
Final Order: 08/31/2022
Related Event Code (REC): A
Emphasis:
Substance: 8330
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 08/31/2022 | $5,256.00 | 11/26/2021 | Serious | |
Penalty | C: Contested | 03/11/2022 | $9,557.00 | 11/26/2021 | Serious | |
Penalty | Z: Issued | 11/10/2021 | $9,557.00 | 11/26/2021 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
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 employee(s) in that employee(s) were exposed to the hazard of excessive heat: a) Mountain Avenue, Washington Township, NJ - On or about and at times prior to 6/28/21, employees were exposed to the recognized hazard of high ambient heat from the direct sun during the performance of the job duties as sanitation workers, including continuous lifting and dumping of refuse bins. On 6/28/21 the National Oceanic Atmospheric Administration recorded a temperature of 88 degrees Fahrenheit, 61% humidity and a Wet bulb globe temperature (WBGT) of 86.5 Fahrenheit at 10:51am.The heat index for this time period was 97.6 degrees Fahrenheit. A temperature of 89 degrees Fahrenheit, 57% humidity and a WBGT of 86.2 degrees Fahrenheit was determined for 11:51am. The heat index for this time period was 95.9 degrees Fahrenheit. Both heat indexes are classified by the National Weather Service as Extreme Caution. The employees spent approximately 6.5 hours lifting and dumping refuse bins in direct sunlight and excessive heat. Such exposures are likely to lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat stress, heat exhaustion, and heat stroke. For one of the employees, it was his first day working for the employer. That one employee experienced symptoms of heat illness including confusion, slurred speech, seizures, dizziness, and muscle spasms; after which he was hospitalized and died that day.