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Violation Detail

Standard Cited: 95012901  

This violation item has been deleted.

Inspection Nr: 303139166

Citation: 01001

Citation Type: Serious

Abatement Status:

Initial Penalty: $3,500.00

Current Penalty: $2,800.00

Issuance Date: 12/22/1999

Nr Instances: 4

Nr Exposed: 4

Abatement Date: 12/28/1999

Gravity:

Report ID: 0453730

Contest Date: 02/23/2000

Final Order: 05/18/2001

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 05/18/2001 $2,800.00 12/28/1999 Serious  
Penalty I: Informal Settlement 01/26/2000 $2,800.00 12/28/1999 Serious  
Penalty Z: Issued 12/22/1999 $3,500.00 12/28/1999 Serious  

Text For Citation: 01 Item/Group: 001 Hazard: CONFINED

North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish to each of his employees conditions of 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)jobsite - manhole #12, on October 5, 1999 a pipe crew worker entered a newly constructed manhole approximately 21 feet in depth which had been built over an active 8 inch sewer line. Atmospheric testing or monitoring was not conducted to ensure the new manhole did not contain a toxic or flammable contaminant or an oxygen deficient atmosphere prior to entry. The employee entered to point-up the bottom (seal the joints and install the invert). The employee lost consciousness and became unresponsive. Additionally, protective equipment and rescue equipment was not provided for employee use. b)jobsite, on October 5, 1999 a pipe crew worker entered manhole #12 in an attempt to rescue a co-worker who was unconscious and unresponsive at the bottom of the 21-foot manhole. Atmospheric testing or monitoring was not conducted to ensure that the new manhole did not contain a toxic or flammable contaminant or an oxygen deficient atmosphere prior to entry. The employee was overcome and lost consciousness. Additionally, protective equipment and rescue equipment was not provided for employee use. c)jobsite - manhole #12, on October 5, 1999 a pan operator entered manhole #12 in an attempt to rescue two co- workers who were unconscious and unresponsive at the bottom of the 21-foot manhole. Atmospheric testing or monitoring was not conducted to ensure the new manhole did not contain a toxic or flammable contaminant or an oxygen deficient atmosphere prior to entry. The employee became dizzy, disoriented, and experienced shortness of breath. The employee was able to exit the space. Additionally, protective equipment and rescue equipment was not provided for employee use. d)jobsite, on October 5, 1999 a track-hoe operator entered manhole #12 in an attempted to rescue two co-workers who were unconscious and unresponsive at the bottom of the 21-foot manhole. Atmospheric testing or monitoring was not conducted to ensure that the new manhole did not contain a toxic or flammable contaminant or an oxygen deficient atmosphere prior to entry. The employee became dizzy, disoriented, and experienced shortness of breath. He was able to exit the space. The employee re-entered the manhole for a second rescue attempt however, he was forced to exit the space again due to "bad fumes". Additionally, protective equipment and rescue equipment was not provided for employee use. Feasible and acceptable methods to correct this hazard includes, but are not limited to: 1Perform atmospheric testing or monitoring of all confined spaces such as, but not limited to, new and existing manholes prior to entry and periodically monitor while employees are in confined spaces. Provide ventilating equipment to obtain acceptable entry conditions prior to entry. Provide rescue and emergency equipment at the site. 2.Develop and implement a permit-required confined space program in accordance with 29 CFR 1910.146 North Carolina Occupational Safety and Health Standard for General Industry. 3.Develop and implement a confined space program in accordance with American National Standards Institute (ANSI) Z117.1- 1995.

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