Violation Detail
Standard Cited: 19100101 B Compressed gases (general requirements).
Inspection Nr: 1645705.015
Citation: 01003
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $98,219.00
Current Penalty: $15,650.00
Issuance Date: 07/11/2023
Nr Instances: 3
Nr Exposed: 3
Abatement Date: 07/19/2023
Gravity: 5
Report ID: 0111400
Contest Date:
Final Order: 09/08/2023
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | I: Informal Settlement | 09/08/2023 | $15,650.00 | 07/19/2023 | Serious | |
Penalty | Z: Issued | 07/11/2023 | $98,219.00 | 07/19/2023 | Repeat |
Text For Citation: 01 Item/Group: 003 Hazard:
29 CFR 1910.101(b):The in-plant handling, storage, and utilization of all compressed gases in cylinders, portable tanks, rail tank cars, or motor vehicle cargo tanks were not in accordance with Compressed Gas Association Pamphlet P-1-1965, which is incorporated by reference as specified in CFR 1910.6. Location: Storeroom, Compressed Gas Cylinder Storage Area located under storage rack shelving (a) Storeroom, Compressed Gas Cylinder Storage Area: On or about January 25, 2023, the Helium compressed gas cylinders storage does not prominently post the names of the gases to be stored, in accordance with the Compressed Gas Association Pamphlet P-1-1965, Section 3.3.2. (b) Storeroom, Compressed Gas Cylinder Storage Area: On or about January 25, 2023, the Helium compressed gas cylinders storage area is not set up with separate storage areas for charged and empty cylinders, and with the storage layout so planned that cylinders comprising old stock can be removed first with a minimum handling of other cylinders in accordance with the Compressed Gas Association Pamphlet P-1-1965, Section 3.3.4. (c) Storeroom, Compressed Gas Cylinder Storage Area: On or about January 25, 2023, the Helium compressed gas cylinders were not secured properly. In accordance with the Compressed Gas Association Pamphlet P-1-1965, Section 3.3.1 titled "Storing Cylinders", it states: Cylinders should be stored in accordance with all local, state and municipal regulations and in accordance with appropriate standards of the Compressed Gas Association and the National Fire Protection Association. In any instance where a cylinder could be knocked over, causing injury to an employee, a means of securely storing the cylinder must be provided. Compressed Gas Association Pamphlet P-1-1965, Section 3.4.4 further states: Before using cylinder, be sure it is properly supported to prevent it from being knocked over. According to the CGA-1-2008, Safe Handling of Compressed Gases In Containers, 11th Edition, Section 5.8.4, Cylinder Positions in Storage, which may be even more appropriate to reference, it states: All compressed gas cylinders in service or in storage at user locations shall be secured to prevent falling or rolling. At gas suppliers' facilities and distributors' warehouses, the nesting of cylinders is considered an equivalent safe manner of storage. Nesting of cylinders might not be adequate in seismically active areas, so additional measures may be required to prevent the cylinders from falling (see Appendix A). Properly secured gas cylinders may be stored in a horizontal position. Additionally, per Massachusetts Fire Code 2009, Chapter 30, Section 3003.5.3 titled "Securing Compressed Gas Containers, Cylinders, and Tanks", it states: Compressed gas containers, cylinders and tanks shall be secured to prevent falling caused by contact, vibration or seismic activity. Securing of compressed gas containers, cylinders and tanks shall be by one of the following methods: 1. Securing containers, cylinders and tanks to a fixed object with one or more restraints. 2. Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers, cylinders or tanks. 3. Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. 4. Securing of compressed gas containers, cylinders and tanks to or within a rack, framework, cabinet or similar assembly designed for such use. The employer routinely fails to properly store compressed gas helium cylinders as required by the standard, as demonstrated during CSHO inspection January 25, 2023, and again during January 31, 2023 CSHO follow-up inspection, when compressed gas helium cylinders were not firmly secured to prevent falling, the name of the gas was not prominently posted, nor were there separate storage areas for charged and empty cylinders in the storeroom of the Dollar Tree store at 125 Church Street, Pembroke, MA 02359. Dollar Tree Stores, Inc. was previously cited for a Repeat - Serious violation of this occupational safety and health standard, 29 CFR 1910.101(b), which was contained in OSHA inspection number 1529043, citation number 2, item number 1 and was affirmed as a final order on 01/12/2022, with respect to a workplace located at 1777 Wisconsin Avenue, Grafton, WI, 53024. Dollar Tree Stores, Inc. was previously cited for a Repeat - Serious violation of this occupational safety and health standard, 29 CFR 1910.101(b), which was contained in OSHA inspection number 1443323, citation number 3, item number 3 and was affirmed as a final order on 11/17/2021, with respect to a workplace located at 849 Sunrise Highway, Bay Shore, NY, 11706. Dollar Tree Stores, Inc. was previously cited for a Repeat - Serious violation of this occupational safety and health standard, 29 CFR 1910.101(b), which was contained in OSHA inspection number 1440331, citation number 3, item number 1 and was affirmed as a final order on 10/25/2021, with respect to a workplace located at 8020 S 84th Street, La Vista, NE, 68128.