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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 309595874

Citation: 02001

Citation Type: Repeat

Abatement Status: X

Initial Penalty: $63,000.00

Current Penalty: $63,000.00

Issuance Date: 03/23/2007

Nr Instances: 3

Nr Exposed: 2

Abatement Date: 04/25/2007

Gravity: 10

Report ID: 0216000

Contest Date: 04/13/2007

Final Order: 02/11/2008

Related Event Code (REC): C

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 02/11/2008 $63,000.00 04/25/2007 Repeat  
Penalty Z: Issued 03/23/2007 $63,000.00 04/25/2007 Willful  

Text For Citation: 02 Item/Group: 001 Hazard: FALLING

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 fall hazards: a) 2 Quaker Road Pomona, NY 10970 (Roof Area Building P1): Employees were exposed to a fall hazard while they pulled up the new air handler filters to the roof while standing on the roofs edge using a utility rope. Employees were exposed to a fall hazard of 27' 10". No form of fall protection was in place. Employees were exposed to this same fall hazard while throwing the used air handler filters off of the roof, and onto the parking lot. This condition existed on or about 10/3/06. b) 2 Quaker Road Pomona, NY 10970 ( Hatch & Roof Area Building P2): Employees were exposed to a fall hazard of 13' to the floor below while standing over an opened roof hatch on the roof of P2 while pulling up new air handler filters while using a utility rope. Upon conclusion of the filter change, the employees would throw the old filters off of the roof to the parking lot below while standing at roofs edge being exposed to a 29' fall hazard. No form of fall protection was in place. This condition existed on or about 10/6/06. c) 2 Quaker Road Pomona, NY 10970 ( Hatch & Roof Area Building P2): Employees were exposed to a fall hazard of 13' to the floor below while standing over an opened roof hatch on the roof of P2 while pulling up new air handler filters while using a utility rope. Upon conclusion of the filter change, the employees would throw the old filters off of the roof to the parking lot below while standing at roofs edge being exposed to a 29' fall hazard. No form of fall protection was in place. This condition existed on or about 10/9/06. One feasible and acceptable method of abatement is to follow the guidance set forth in Barr Lab laboratories,Inc "Fall Protection" document: HS-PG-1310 Version 1.0. NOTE: In addition to abatement certification, the employer is required to submit abatement documentation for this item in accordance with 29 CFR 1903.19.

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