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:
| 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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