Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1272047.015
Citation: 02001
Citation Type: Willful
Abatement Status: Abatement Completed
Initial Penalty: $85,362.00
Current Penalty: $55,485.00
Issuance Date: 04/17/2018
Nr Instances: 3
Nr Exposed: 6
Abatement Date: 05/15/2019
Gravity: 10
Report ID: 0626700
Contest Date: 05/08/2018
Final Order: 06/12/2019
Related Event Code (REC):
Emphasis:
Substance: E200
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 06/12/2019 | $55,485.00 | 05/15/2019 | Willful | |
Penalty | C: Contested | 07/16/2018 | $85,362.00 | 05/31/2018 | Willful | |
Penalty | Z: Issued | 04/17/2018 | $85,362.00 | 05/31/2018 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard:
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 dust explosion, deflagration, and other fire hazards when using equipment not designed for use in an environment normally expected to contain airborne combustible dust: a) At the facility, in Silo #3, on or about October 20, 2017, an employee used internal combustion equipment not rated for use in atmospheres normally expected to contain airborne combustible wood dust, exposing the employee to fire and explosion hazards. As of October 20, 2017, the wood pellets within Silo #3 had become stuck together in large masses. Respondent represents that this was the result of firefighting response activities directed by court order requiring removal of the pellets, including liquid nitrogen and saltwater infiltration. In the course of operating equipment outside the silo (using bucket, arm, and loader to reach into the silo without entering it), employees faced mounting difficulties in extracting pellets, and maneuvered equipment into the silo to extract pellets before immediately exiting the silo.