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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 309388262
Citation: 01001
Citation Type: Serious
Abatement Status: I
Initial Penalty:
Current Penalty:
Issuance Date: 02/24/2006
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 03/01/2006
Gravity: 10
Report ID: 0420600
Contest Date:
Final Order:
Related Event Code (REC): A
Emphasis:
Text For Citation: 01 Item/Group: 001 Hazard: GUARDING
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 without the use of personal flotation devices, were exposed to the hazard of drowning during an herbicide spraying operation from an airboat, when the airboat capsized due to strong winds, overloaded boat and uneven boat load. a)Site - Mosaic Fertilizer Phosphate Mine Pit - Hwy 555 North of Hwy 640 - Bartow, Fl. Employees were operating an 11' foot airboat without personal flotation devices during a spraying operation in a phosphate pit containing a large volume of water. During the spraying operation to eradicate thick hydrilla vegetation, the airboat capsized due to an overloaded boat and unevenly distributed load that exceeded the boat's maximum weight capacity, causing employees to drown on or about, 09/20/05. ONE FEASIBLE AND ACCEPTABLE METHOD OF ABATEMENT WOULD BE TO: 1) Follow and comply with the Florida Statutes Chapter 327 Vessel Safety, Section 327.39 entitled, Personal Watercraft Regulated (1) which states, " A person may not operate a personal watercraft unless each person riding on or being towed behind such or being towed behind such vessel is wearing a type I, type II, type II, or type V personal flotation device, other than an inflatable device, approved by the United States Coast Guard". 2) Follow and comply with the Florida Statutes Chapter 327 Vessel Safety, Section 327.50 entitled, Vessel Safety regulations; equipment and lighting requirements (1)(a) which states, " The owner and operator of every vessel on the waters of this state shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety requirements as specified in the Code of Federal Regulation, unless expressly exempted by the department". 3) Determine, operate and disperse the load within the maximum weight capacity of the vessel in accordance with the procedure specified in 33 CFR part 183, as adopted by Chapter 37 of the Florida Statutes.