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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 307652446

Citation: 01001

Citation Type: Other

Abatement Status: X

Initial Penalty: $3,500.00

Current Penalty: $2,500.00

Issuance Date: 02/01/2005

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 02/09/2005

Gravity: 10

Report ID: 0830600

Contest Date:

Final Order:

Related Event Code (REC):

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 03/02/2005 $2,500.00 02/09/2005 Other  
Penalty Z: Issued 02/01/2005 $3,500.00 02/09/2005 Serious  

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

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 was free from recognized hazards which were likely to cause death or serious physical harm to employees in that, employees were exposed to combustion products capable of causing death, incapacitation, impairment of ability to self rescue and/or injury or acute illness: a) On or about December 13, 2004, employees entered a confined space to perform soil compacting. The bin contained chemicals that have an OSHA PEL, and that are capable of causing death, incapacitation, impairment of ability to self rescue, and/or injury or acute illness. No air monitoring was conducted prior to and during the entry, and the employer did not develop a rescue plan. Among other methods, one feasible and acceptable method to correct this hazard is to develop a permit required confined space entry program that meets the requirements of ANSI Z117.1- 1989. OR IN THE ALTERNATIVE: 29 CFR 1926.21(b)(6)(i): Employees required to enter into a confined or enclosed space were not instructed as to the nature of the hazards involved, the necessary precaution to be taken, and in the use of protective and emergency equipment required: a) On or about December 13, 2004, employees entering into a confined space to perform soil compacting were not instructed in the use of air monitoring equipment, and non entry rescue equipment. Abatement Note: Abatement certification and documentation is required for this item (see enclosed "Sample Abatement-Certification Letter").

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