Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 300056694
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $3,000.00
Current Penalty: $2,000.00
Issuance Date: 12/10/1999
Nr Instances: 1
Nr Exposed: 7
Abatement Date: 05/30/2000
Gravity: 10
Report ID: 0728900
Contest Date: 12/30/1999
Final Order: 08/10/2000
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 08/10/2000 | $2,000.00 | 05/30/2000 | Serious | |
| Penalty | Z: Issued | 12/10/1999 | $3,000.00 | 12/23/1999 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard: BURNS
Section 5(a)(1) of the Occupational Safety and Health Act of 1970: On the Roof at the Construction Site at 10th & P Streets Lincoln, NE - 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 the employees were exposed to: The hazard of being burned by or caught in a fire on the roof as evidenced by the following instances - 1) The hazard of being burned by or caught in a fire caused by an asphalt tar kettle placed on the roof of the building. This is also a violation of NFPA Section 1105.2. By having the kettle on the roof the potential for a fire to occur is greatly increased due to the location of the heat source to any combustible materials on the roof. 2) The kettle was placed on the roof within 20' of the building wall, combustible materials on the roof, and a building opening. This is also a violation of NFPA 1105.5 which states - "Asphalt kettles shall not be located within 20' of any combustible material, combustible building surface or building opening." The kettle was placed in an area in which fell under all of these criteria. 3) The kettle that was being used to heat the tar being spread on the roof was not monitored by an attendant that was within 100 feet of the kettle at all times during the operation. This is a violation of NFPA 1105.6 which states - "An attendant shall be within 100 feet of a kettle when the heat source is operating. Ladders or similar obstacles shall not form part of the route between the attendant and the kettle." The attendant was on the other side of the roof with a structure between him and the kettle with a winding hallway used as the access. 4) The company routinely heats the asphalt tar at or above the manufacturer's recommended flashpoint of 540 degrees. Through employees interviews it was stated, temperatures of as high as 575 degrees have been noticed in the past. Once the tar is heated above 540 degrees it off gases Hydrogen Sulfide. Hydrogen Sulfide has an auto- ignition point of 500 degrees and is highly flammable. Among other methods, one feasible and acceptable method to control the hazard is to: 1) Utilizing the other kettle in which the company owns that is designed to pump hot tar up to the roof from ground level. It is possible that if the kettle is being used at another site, that one of these kettles may have to be rented from a local rental company. 2) Having an attendant that is NOT a part of the work crew designated as the kettle man to monitor the kettle at all times. By having this person watching the kettle at all times, the hazard of overheating will not be an issue. 3) Ensuring that the area around the kettle is kept free of all combustible material and that the kettle is not positioned within 20' of any building or building opening.4) By making it company policy that at no time will the manufacturer's recommended temperature be exceeded for any reason. This will help to ensure that flash fire are reduced and kept to a minimum. Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.
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