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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

This violation item has been deleted.

Inspection Nr: 312158157

Citation: 01001

Citation Type: Serious

Abatement Status:

Initial Penalty: $2,500.00

Current Penalty:

Issuance Date: 09/26/2008

Nr Instances: 1

Nr Exposed: 6

Abatement Date: 10/02/2008

Gravity: 10

Report ID: 0729300

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 10/16/2008 10/02/2008 Serious  
Penalty Z: Issued 09/26/2008 $2,500.00 10/02/2008 Serious  

Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employmnent 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: a/ Employees were working in an open drive to a fast food restaurant in areas where public traffic was present or likely to be present, and employees were not wearing high visibility clothing or reflective vests. While ultimate responsibility for correcting the hazards rests with the employer, given his/her superior knowledge of the work place, feasible and acceptable methods of abatement to correct this hazard, among others, are: 1. To follow the guidelines for construction work zone safety posted on the OSHA web site and have all workers exposed to vehicular traffic or potentially exposed to vehicular traffic wear highly visible reflectorized clothing or highly visible reflectorized vests for the appropriate class of vehicular traffic. 2. To follow the guidelines found in the OSHA etool on how to avoid a struck by accident and have all workers exposed to vehicular traffic or potentially exposed to vehicular traffic be highly visible in all levels of light. Warning clothing, such as red or orange vests, must be required, and if worn for night work, must be of reflective material. 3. To follow the "Work Zone - Best Practices Guidebook" published by the Federal Highway Administration (FHWA) FHWA-OP-00-010 published April, 2000. The Department is using fluorescent versions of strong yellow-green and orange vests. Workers may wear either to provide a suitable contrast with the background. Vests have three 3-inch retroreflective stripes, either orange or strong yellow-green. Used since July 1996. 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 citation(s).n

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