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

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 employees in that employees were exposed to fire and explosion hazards during the set-up; firing; and the post-display operations of a fireworks display: (a) Northwest Display, Inc.; On or about 4July05 during post display operations, a shell was detonated when an parts of an employee's body covered the top of the mortar, fatally injuring that employee and knocking a second employee to the ground. Feasible means of abatement as presented in National Fire Protection Document 1123 Code for Fireworks Display include, but are not limited to, the following: (a) Remove dunnage from mortars prior to shooting or provide new mortars. (b) Prohibit the use of all chemical substances when operating a shoot. (c) Either salvage unfired shells as indicated in NFPA 1123 or flood mortars with water and soak for 5 minutes -- after waiting at least 15 minutes following the display. (d) Obtain from the manufacturer proper disposal instruction and utilize proper disposal methods for unfired or misfired shells. (e) Don't allow unauthorized persons, or persons other than the shooter, to detect a shell that did not fire from the mortar. (f) Use commercially fabricated firing boxes that come with specifications and instructions from the manufacturer indicating proper setup and use of each unit. (g) Ensure that each firing unit is equipped with a key-operated switch or similar device. (h) Label switches on firing units for function. (i) Prohibit discharge of shells and entry of personnel into the discharge site for a period of time deemed appropriate and necessary by the operator.