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Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 310988712
Citation: 02001
Citation Type: Willful
Abatement Date: 08/04/2008 X
Initial Penalty: $70,000.00
Current Penalty: $70,000.00
Issuance Date: 07/25/2008
Nr Instances: 1
Nr Exposed: 30
Related Event Code (REC):
Gravity: 10
Report ID: 0418400
Contest Date: 07/25/2008
Final Order: 07/07/2010
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 07/07/2010 | $70,000.00 | 08/04/2008 | Willful | |
| Penalty | Z: Issued | 07/25/2008 | $70,000.00 | 08/04/2008 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard: DUST&FUMES
P.L. 91-596 Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer does not furnish employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to employees in that employees are exposed to the hazard(s) of explosion and fire: a.South & Bosch Packing Houses - On or about 02/07/2008, a LP fuel operated "Tenant" 7400 floor scrubber machine, which was not rated for hazardous locations, was being operated on the 1st, 2nd, 3rd, and 4th floors where combustible sugar dust was present. One feasible means of abatement would be to utilize floor scrubbers designed for use in hazardous locations, as referenced by National Fire Protection Association (NFPA) 61 "Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities," 2008 & 2002 Edition, Chapter 13.5. Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days, the employer must submit an abatement plan describing the actions it is taking to ensure that only scrubbers designed for use in hazardous locations are operated in hazardous locations.