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 explosion hazards of aerial devices: a) Quakertown Fireworks Show - On or about July 4, 2009 the employer failed to protect employees in that an employee was fatally injured when he was struck by flying debris from a bursting mortar trough when an eight (8) inch aerial shell malfunctioned at ground level. The eight (8) inch shell was manually ignited with a road flare without the mortar being buried at least three quarters of its length into the ground. ABATEMENT NOTE: One feasible and acceptable method of abatement is to comply with all the requirements of NFPA 1123 Code for Fireworks Display, 2006 Edition including but not limited to the following sections: Section 4.4.5 - "Unless the requirements of 4.4.5.1 are met, mortars that are buried in the ground, in troughs, or in drums shall be separated from adjacent mortars by a distance at least equal to the diameter of the mortar." Section 8.2.9.2.1 - "Unless the requirements of 8.2.9.2.2 are met, all aerial shells greater than 6 inches in diameter shall be fired using electrical ignition or other means of remote ignition that places the shooter and assistants at least 75 feet away from the mortar or behind a sturdy barricade at the time of ignition of the lift charge." Section 8.2.9.2.2 - "Shells that are nominal 7 inch or 8 inch in diameter shall not be subject to the requirements of 8.2.9.2.1 but shall be permitted to be ignited manually provided that the mortars are buried at least three-quarters of their length into the ground and the shooter has been provided with alternative means of protection." Section 10.2 - "All assistants shall be trained in the duties they are to perform, be under the direct supervision of the operator, and shall be at least 18 years old. Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.