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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 1661258.015

Citation: 01001

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $15,625.00

Current Penalty: $10,937.50

Issuance Date: 07/28/2023

Nr Instances: 2

Nr Exposed: 3

Abatement Date: 08/23/2023

Gravity: 10

Report ID: 0317300

Contest Date:

Final Order: 09/11/2023

Related Event Code (REC): R

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 09/11/2023 $10,937.50 08/23/2023 Serious  
Penalty Z: Issued 07/28/2023 $15,625.00 08/23/2023 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. a) 115 S. 6th St., Odessa, DE 19730 (Warehouse) - On or about April 5, 2023, the employer did not anchor the pallet rack systems (Column labeled 28) to the poured concrete floor, exposing employees to struck-by hazards. b) 115 S. 6th St., Odessa, DE 19730 (Warehouse) - On or about April 5, 2023, the employer did not anchor the pallet rack systems (small rack system running parallel adjacent to sales counter wall) to the poured concrete floor, exposing employees to struck-by hazards. One feasible means of abatement to correct the hazard includes, but is not limited to following the requirements outlined in ANSI MH16.1-2008, RMI Specifications for the Design, Testing and Utilization of Industrial Steel Storage Racks: Section 1.4.1 - Owner Maintenance, wherein it states that the owner shall maintain the structural integrity of the installed rack system by assuring proper operational, housekeeping and maintenance procedures including, but not limited to the following: (1) Prohibit any overloading of any pallet positions and of the overall rack system. (2) Regularly inspect for damage. If damage is found, immediately unload the affected area and replace or repair any damaged columns, beams, or other structural components. Section 7.2. All rack columns shall be anchored to the floor with anchor bolts capable of resisting the forces caused by the horizontal and vertical loads on the rack. Section1.4.9 - Rack Damage, wherein it states that upon any visible damage, the pertinent portions of the rack shall be unloaded immediately by the user until the damaged portion is repaired or replaced.

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