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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 307178194

Citation: 01006A

Citation Type: Serious

Abatement Status: X

Initial Penalty: $3,500.00

Current Penalty: $7,000.00

Issuance Date: 05/14/2004

Nr Instances: 1

Nr Exposed: 7

Abatement Date: 05/26/2004

Gravity: 10

Report ID: 0420600

Contest Date: 06/02/2004

Final Order: 12/16/2004

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 F: Formal Settlement 12/16/2004 $7,000.00 05/26/2004 Serious  
Penalty Z: Issued 05/14/2004 $3,500.00 05/26/2004 Serious  

Text For Citation: 01 Item/Group: 006A Hazard: CONFINED

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 oxygen deficiency and/or dangerous concentrations of toxic substances during confined space entry: Location: 11102 Bloomingdale Ave. in Brandon,FL. at the ("Victory Market" gas station). On or about November 19, 2003, employee(s) entered an underground storage tank (UST) that had contained gasoline to clean the interior of the tank. The employer did not implement a Confined Space Program. Among other methods, one feasible and acceptable abatement method to correct this hazard is to establish and implement a confined space program such as that specified in ANSI Z117.1-1995. Such a program shall include, as a minimum, the following elements: 1.Develop and utilize effective procedures for confined space entry including, but not limited to, using a permit system, ventilation, atmospheric testing, rescue procedures, employee training, designation of qualified people for standby and emergency procedures. 2.The completion and posting of a confined space entry permit which requires authorization and approval in writing that specifies that all existing hazards have been evaluated by a qualified person and the necessary protective measures have been taken to ensure the safety of each worker. 3.Blinding, blocking, bleeding, purging, lockout or any other steps necessary to reduce to and ensure zero mechanical and thermal state all mechanical, electrical, hydraulic, pneumatic, liquid and gas systems relating to the confined space should any of these systems be put in motion or otherwise activated. 4.Mechanical ventilation of the confined space prior to entry and continued ventilation to provide a safe atmosphere, when determined necessary as descrived in (2) above. 5.Testing the atmosphere of the confined space prior to entry and on a regular basis for the presence of sufficient oxygen and absence of hazardous levels or toxic or combustible gases or vapors, when determined necessary as described in (2) above. 6.Emergency rescue procedures with requirement that trained personnel are available and are stationed outside the confined space with proper equipment to provide for the rescue of personse entering the space as determined necessary as described in (2) above. Such equipment must include safety harness and life lines with provisions for hoisting employees from the confined space. If entry is required for a rescue, the rescuing employee must be equipped with approved air supplied respiratory equipment and other appropriate personal protective equipment.7.Training of any and all employees required to enter the confined space and all employees required to standby for resuce. This training shall include procedures required prior to entry, during occupation of the confined space, procedures for safe rescue of employees in the confined space and the hazards associated with work in confined spaces.d

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