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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

This violation item has been deleted.

Inspection Nr: 311086961

Citation: 02001

Citation Type: Willful

Abatement Status: X

Initial Penalty: $55,000.00

Current Penalty: $55,000.00

Issuance Date: 05/01/2008

Nr Instances: 3

Nr Exposed: 3

Abatement Date: 05/07/2008

Gravity: 10

Report ID: 0418800

Contest Date: 05/21/2008

Final Order: 12/12/2008

Related Event Code (REC): R

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty J: ALJ Decision 12/12/2008 $55,000.00 05/07/2008 Willful  
Penalty Z: Issued 05/01/2008 $55,000.00 05/07/2008 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 to each of his employees 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 hazards, such as but not limited to, contact with concrete slurry waste: On or about 11/3/2007, at a construction site located at 600 Brickell Avenue, Miami, Florida, three employees were instructed by the superintendent and foreman to enter into a Frontier fixed axle tank confined space exposing them to the hazard, including but not limited to, contact with concrete slurry waste. The employer failed to identify and evaluate the hazards within the tank, classify the tank as a permit or non-permit confined space, implement an entry team, clean and decontaminate the space, make available retrieval equipment and implement a rescue plan. Among other methods, feasible and acceptable abatement methods to correct this hazard are to: Follow the American National Standard Institute (ANSI) Z117.1-2003, Safety Requirements for Confined Spaces, which requires, but is not limited to, a Hazard Identification (see 3.2.6 - physical hazard), Hazard Evaluation, Confined Space Classification as either a permit-required confined space or non-permit confined space, Entry Team, Cleaning / Decontamination, Retrieval Equipment and Emergency Response (Rescue), and follow JMA's own confined space program. PLEASE NOTE: DOCUMENTATION AND CERTIFICATION OF ABATEMENT IS REQUIRED FOR THIS VIOLATION.

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