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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 312401847

Citation: 01001

Citation Type: Serious

Abatement Status: I

Initial Penalty: $70,000.00

Current Penalty: $20,000.00

Issuance Date: 10/20/2008

Nr Instances: 1

Nr Exposed: 3

Abatement Date: 10/23/2008

Gravity: 10

Report ID: 0729300

Contest Date:

Final Order:

Related Event Code (REC): R

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 11/10/2008 $20,000.00 10/23/2008 Serious  
Penalty Z: Issued 10/20/2008 $70,000.00 10/23/2008 Willful  

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 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 a hazard of being struck by exploding pieces of metal from tank over pressurization: a. When operating mixing machines, which include a water system diaphram pressure tank, such as machine number 05PU020, where the tank exploded on August 18, 2008, a safety device such as a mechanical safety relief valve that functioned in all modes of operation was not installed on the machine to prevent over pressurization and rupture or explosion, and to prevent employees being struck by exploding tank pieces or other consequences of tank rupture or explosion. Among other methods, one feasible and acceptable abatement method to correct this hazard is to install a mechanical safety relief valve as stated on the warning lable of the water system diaphram pressure tanks which were part of the mixing machines, as stated in the pump technical service manual, and as stated in the instruction manual for the Pro- Mix III mixing machine (company machine number 05PU020). Along with this method of abatement is to ensure operating employees read the instructional manual and are trained on machine operation. 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 citaion(s).on

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