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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 310801790

Citation: 02001

Citation Type: Willful

Abatement Status: X

Initial Penalty: $35,000.00

Current Penalty: $10,000.00

Issuance Date: 01/13/2009

Nr Instances: 1

Nr Exposed: 4

Abatement Date: 03/13/2009

Gravity: 10

Report ID: 0524500

Contest Date:

Final Order:

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 P: Petition to Mod Abatement 04/17/2009 $10,000.00 03/13/2009 Willful  
Penalty I: Informal Settlement 01/27/2009 $10,000.00 03/03/2009 Willful  
Penalty Z: Issued 01/13/2009 $35,000.00 03/03/2009 Willful  

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

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, including severe burns, to employees in that employees were exposed to dust explosion, deflagration, and other fire hazards because of the improper design and maintenance of dust collection systems. In the South Mill, combustible oat flour dust was produced and the following deficiencies were noted: a) Portions of the dust collection ductwork were constructed with non-conductive and combustible PVC material; b) The dust collector did not have explosion prevention systems and was located inside the building; and c) There was no emergency action plan or fire prevention plan to guide employees in the prevention or response to an explosion or fire. NFPA Standard 61 - 2008 Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities: Section 10.4.4: "All components of the dust collection system shall be constructed of noncombustible materials" Section 10.4.2: "Dust collectors and filters used for grinders or hammermills shall be located outside of buildings and shall be protected in accordance with Section 6.3" Among other methods, feasible abatement methods to correct this hazard is to comply with the guidelines of NFPA 61-2008, "Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities", including but not limited to: a) Construct all dust collection components with conductive and non-combustible materials; b) Equip the dust collector with containment, suppression, inerting, or explosion venting and locate it to a safe outdoor location; and c) Develop an emergency action and fire protection plan. ***Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d)***

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