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Violation Detail

Standard Cited: 95012901  

This violation item has been deleted.

Inspection Nr: 315446385

Citation: 01002

Citation Type: Serious

Abatement Status: X

Initial Penalty: $4,000.00

Current Penalty:

Issuance Date: 11/22/2011

Nr Instances: 1

Nr Exposed: 2

Abatement Date: 11/30/2011

Gravity:

Report ID: 0453710

Contest Date: 12/20/2011

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 05/14/2015 11/30/2011 Serious  
Penalty Z: Issued 11/22/2011 $4,000.00 11/30/2011 Serious  

Text For Citation: 01 Item/Group: 002 Hazard: CONFINED

North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish each of his employees conditions of employment and a place of employment free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to a hazardous atmosphere: a)work site, manhole at the intersection of US Hwy 70 and Leesville Road - on June7th, 2011 at approximately 5:00 PM two employees entered a 11 foot deep by 8 foot wide concrete municipal drinking water butterfly valve manhole to retrieve an inflatable plug needed at another location on the job site. Upon entering, the employees lost consciousness due to an oxygen deficient atmosphere within the space and suffered death by asphyxiation. The employer did not ensure that atmospheric testing was conducted to ensure safe atmospheric conditions for human occupancy in the space prior to entry. Abatement Note: Among other methods, one feasible and acceptable method to prevent this hazard is to comply with the American National Standard Institute (ANSI), Standard Z117.1-2003 "Safety Requirements for Confined Spaces." Section 6.1 states in part that "before entry into a confined space, necessary testing shall be conducted for hazardous atmospheres by a qualified person." The standard describes testing should include methods for measuring oxygen content, flammability/combustibility, and toxicity within the space. Section 6.3.2 requires that when atmospheric testing indicates unacceptable conditions within the space, entry be prohibited until appropriate controls are implemented or appropriate personal protective equipment is provided.

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