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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

This violation item has been deleted.

Inspection Nr: 313636706

Citation: 01001

Citation Type: Serious

Abatement Status:

Initial Penalty: $5,000.00

Current Penalty:

Issuance Date: 11/06/2009

Nr Instances: 1

Nr Exposed: 16

Abatement Date: 11/19/2009

Gravity: 10

Report ID: 0626000

Contest Date: 12/02/2009

Final Order: 08/27/2010

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 08/27/2010 11/19/2009 Serious  
Penalty Z: Issued 11/06/2009 $5,000.00 11/19/2009 Serious  

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

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer does not furnish employment and a place of employment which are free from recognized hazards that are causing, or likely to cause, death or serious physical harm to employees in that employees are exposed to struck-by hazards: The employer does not ensure adequate communication between employees on land and employees on the vessel during unloading/loading lifting anomalies or other emergencies. This violation last occurred on or about October 28, 2009, at Cargo Dock No. 15 with the vessel Chrysoulas, where employees were exposed to the hazard of being struck by lifting gear and/or crushed by overhead cargo loads due to a lack of two-way radio communications. Among other methods, one feasible and acceptable method to correct this hazard is to (a) provide crew radios that have batteries completely charged,(b) instruct employees, both local and visiting, to inspect the radios prior to commencing longshoring operations, and (c) provide employees with refresher training related to recognizing the hazards of being struck by loads, equipment, and lifting gear during longshoring operations. Pursuant to 29 C.F.R. 1903.19, within ten (10) days, the employer must submit documentation describing the actions it is taking to establish, communicate, implement, and enforce written procedures to ensure that two-way radio communication is provided for loading/unloading operations.

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