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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 314179342

Citation: 01001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $6,300.00

Current Penalty: $5,130.00

Issuance Date: 04/06/2011

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 04/14/2011

Gravity: 10

Report ID: 0626300

Contest Date:

Final Order:

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 I: Informal Settlement 04/27/2011 $5,130.00 04/14/2011 Serious  
Penalty Z: Issued 04/06/2011 $6,300.00 04/14/2011 Serious  

Text For Citation: 01 Item/Group: 001 Hazard: DUST&FUMES

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer does not furnish to each of his employees employment and a place of employment which are free from the recognized hazards that are causing or are likely to cause death or serious physical harm to employees in that employees are exposed to fire, deflageration and explosion hazards: This violation most recently occurred on or about October 10, 2010, at the Eustace Gas Plant located at 16401 CR 2854, Eustace, Texas 75124, when the employer did not conduct a process hazard analysis to determine the fire and explosion provisions when vacuuming combustible dust from inside the quench tower; used a Vactor/Guzzler, 7600 vacuum truck (serial no. AM267) that was not equipped with fire protection and explosion prevention systems to collect combustible dust from inside the quench tower; and did not bond and ground the Vactor/Guzzler, 7600 vacuum truck (serial no. AM267) to prevent the accumulation of static electricity when vacuuming combustible dust from the inside of the quench tower, and exposed employees to fire, deflagration and explosion hazards. Among other methods, a feasible and acceptable method(s) to correct this hazard is (are) to comply with: NFPA 654, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids, 2006 edition which establishes requirements for all phases of the manufacturing, processing, blending, pneumatic conveying, repackaging, and handling of combustible particulate solids or hybrid mixtures, regardless of concentration or particle size, where the materials present a fire or explosion hazard; NFPA 655, Standard for Prevention of Sulfur Fire and Explosions, 2007 edition which establishes requirements to eliminate or reduce hazards of explosion and fire inherent in the processing and handling of sulfur; and/or NFPA 77, Recommended Practice on Static Electricity, 2007 edition which establishes recommended practices to identify, assess, and control static electricity for the purpose of preventing fires and explosions. Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit an abatement plan describing the actions it is taking to establish, communicate and implement written procedures to ensure that a process hazard analysis is conducted to determine fire and explosion safety provisions when vacuuming combustible dust.

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