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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 17853409

Citation: 02001

Citation Type: Unclass

Abatement Status: X

Initial Penalty: $9,000.00

Current Penalty: $3,000.00

Issuance Date: 11/30/1990

Nr Instances: 1

Nr Exposed: 9

Abatement Date: 12/13/1990

Gravity: 09

Report ID: 0214200

Contest Date: 12/19/1990

Final Order: 08/12/1991

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty R: Review Commission 08/12/1991 $3,000.00 12/13/1990 Unclass  
Penalty Z: Issued 11/30/1990 $9,000.00 12/13/1990 Willful  

Text For Citation: 02 Item/Group: 001 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 hazards of inhalation of toxic substances. a) For a period of at least five years employees were required to enter Cannonball Rides #1 and #2 to perform inspection and repair of the foam lining of the rides toxic chemicals which include, but are not limited to, the following: hexane, acetone, diphenyl methane 4.4 diisocyanate (MDI), methyl ethyl ketone, carbon tetrachloride, methyl isobutyl ketone toluene, and polyvinyl chloride copolymer. These rides were tunnels, each having dimensions of approximately 3 feet in diameter by 140 feet long. These tunnels, by definition, are considered confined spaces. All entries and maintenance were conducted without following proper confined space entry procedures relating to toxic/flammable vapor exposure. As a result, employees could suffer central nervous system damage, liver damage, chemical sensitization (to MDI) and cancer due to the vapor inhalation. Violation observed on or about 7/30/90 Among other methods, one feasible and acceptable abatement method to correct this hazard is to implement a confined space entry procedure which includes, but is not limited to, the procedures outlined in ANSI Z117.1-1977 which includes the following: 1) Instructions and training in the nature of the hazards involved and necessary precautions to be taken relative to confined space entry. 2) Written confined space entry procedures are to be given to each employee involved in confined space entry. in addition, a copy of written procedures are to be maintained in the maintenance area where the cannonball maintenance equipment is stored and transported. 3) Establishment and implementation of lock out-tag and isolation procedures, where applicable, and issurance of a proper entry permit prior to entry. 4) Use of atmospheric testing procedures to determine the presence of hazardous air contaminants, potential oxygen deficiency, and flammable/explosive atmospheres must be periodically conducted during the maintenance operation to insure toxic and flammable vapor levels and oxygen content are maintained at safe levels. 5) Where it has been determined that the confined space contains a hazardous concentration of an air contaminant and/or oxygen deficient atmosphere, mechanical ventilating shall be used in the confined space during occupancy. Additional protection such as the use of respiratory protective equipment (positive pressure self-contained breathing apparatus) against the hazards encountered shall be used if mechanical ventilation cannot be provided or proves inadequate. 6) Provisions and procedures for standby observer located outside the confined space to have readily available emergency standby equipment consisting of a safety line and harness and/or wristlets attached to appropriate hoisting machines and a pressure demand self-contained breathing apparatus certified by NIOSH. A) The standby observer shall be dressed as a minimum with the same personal protective equipment (PPE) as the worker inside the confined space with the exception of the respirator. B) The standby observer shall be continuously within voice or visual contact. 7) Implementation action of periodic training sessions relative to confined space entry, rescue, and first-aid procedures.

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