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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 314062324

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $4,200.00

Current Penalty: $4,200.00

Issuance Date: 11/22/2011

Nr Instances: 1

Nr Exposed: 3

Abatement Date: 03/01/2012

Gravity: 10

Report ID: 0728900

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 P: Petition to Mod Abatement 01/31/2012 $4,200.00 03/01/2012 Serious  
Penalty I: Informal Settlement 11/30/2011 $4,200.00 01/13/2012 Serious  
Penalty Z: Issued 11/22/2011 $4,200.00 12/27/2011 Serious  

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

Section 5(a) (1) of the Occupational Safety and Health Act of 1970: In the rail car load out area of Bruning Grain and Feed Company, Inc. located approximately at 420 C Street, Belvidere, NE: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazards of falls when walking/working on the tops of rail cars, and or rolling stock: Specifically, on or about August 24, 2011, and at times prior to, employees were exposed to potential fall hazards presented by inadequacies in the protective system used by the employees for fall protection while on top of the rail cars. Among other methods, feasible and acceptable methods of abatement are: 1.Having the system repaired by a qualified person ensuring that the design of the system was in adherence with the 2007 ANSI standard Z359.1; section 3.2.3.2; page 14. 2.Ensuring that the limitations of the system were posted in an inconspicuous location and were clearly legible in accordance with the 2007 ANSI standard Z359.1; section 5.1; page 45. 3.Develop an inspection program that ensures that required inspections are conducted before each use and additionally, at least once annually by competent person other than the end user in accordance with the 2007 ANSI standard Z359.1; section 6.1; page 52. 4.Provide training to employees from a person competent in the selection, inspection, use and storage requirements of the Personal Fall Protective System in adherence to the 2007 ANSI standard Z359.1, section 7.3; page 60. 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 citations.

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