Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 938046.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $4,250.00
Current Penalty: $2,975.00
Issuance Date: 11/04/2013
Nr Instances: 1
Nr Exposed: 10
Abatement Date: 12/07/2013
Gravity: 5
Report ID: 0729300
Contest Date:
Final Order: 11/20/2013
Related Event Code (REC):
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 11/20/2013 | $2,975.00 | 12/07/2013 | Serious | |
| Penalty | Z: Issued | 11/04/2013 | $4,250.00 | 12/07/2013 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
OSH ACT of 1970 Section (5)(a)(1): 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 the hazard of fire and explosion; At the time of the inspection, employees were not required to use non-sparking tools in areas where Phosphorus Pentasulfide(P2S5) was handled. In the Thimet/Counter process employees had access to metal sparking tools where P2S5 was stored, transferred, and unloaded. Employees were not trained to use non-sparking tools for opening containers or cleaning up spills of P2S5. One method of abatement to correct this apparent hazard is to comply with NIOSH International Chemical Safety Cards ICSC: 1407 lists explosion prevention by using non-sparking tools. DISCLAIMER: a) The employer is not limited to the abatement method suggested by OSHA b) The employer is responsible for selecting and implementing an effective abatement method. 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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