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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 311609267

Citation: 02001

Citation Type: Willful

Abatement Status: X

Initial Penalty: $63,000.00

Current Penalty: $59,000.00

Issuance Date: 11/30/2009

Nr Instances: 5

Nr Exposed: 7

Abatement Date: 12/30/2009

Gravity: 10

Report ID: 0524700

Contest Date: 12/22/2009

Final Order: 11/25/2011

Related Event Code (REC):

Emphasis:

Substance: M104

Substance: G301

Substance: M110

Substance: M103

Substance: M102


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 11/25/2011 $59,000.00 12/30/2009 Willful  
Penalty Z: Issued 11/30/2009 $63,000.00 12/30/2009 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 are free from recognized hazards that are causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazard(s) of fire and explosion in that: 1) sparks and embers were allowed to enter the product dryer causing fires and explosions; 2) burners used to heat the product dryers were located indoors and were a source of ignition for combustible dust that settled on exposed hot surfaces; and 3) on others surfaces adjacent to the burners, and effective means were not used to prevent the escape of dust from process equipment into the surrounding environment: a)Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about June 2 2009, the employer did not ensure that the heating systems for the product dryers were indirect fired or were equipped with a means to prevent sparks and embers from entering process equipment where combustible and potentially explosive material was being dried. b)Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about June 2 2009, burners used to heat direct fired product dryers provided potential ignition sources(flames and hot surfaces) for the accumulated combustible in the area. c)Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about June 2 2009, methods to control the release of combustible dust were not implemented. The Roto-chopper leaks extensively releasing combustible dust and particulate into the processing area. Accumulations of combustible dust were measured in excess of 3 inches and testing indicated that the material was a Class II dust and explosive. d)Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about June 2 2009, methods to control the release of combustible dust were not implemented. The processing area contains a variety of processing equipment, three Rotex screens, a hammer mill, numerous belt conveyor transfer points, and augers, all of which release excessive combustible dust into the process area. Tests indicate that the dust is explosive and, in some cases, a Class II material. e)Endres Processing Ohio, LLC; 7300 St. Hwy. 199; Upper Sandusky, Ohio 43351; On or about June 2 2009, methods to control the release of combustible dust were not implemented. Dropping finished feed from the ceiling into the flat storage area allowed significant quantities of combustible dust to accumulate on horizontal surfaces in that area. Accumulations of combustible dust were measured in excess of 3 feet in some areas and testing indicated that the material was explosive. ABATEMENT NOTE: Among other methods, some feasible means of abatement is to comply with National Fire Protection Agency (NFPA) 654 "Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids" (2006), including, but not limited to a) modify the heating system to a indirect in accordance with NFPA 654 (2006), Section 9.6.1., and b) locate the heating system outdoors or in a separate dust-free room or building inaccordance with NFPA 654, 2006, Section 9.6.2. Comply with National Fire Protection Agency (NFPA) 654 "Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids" (2006), including, but not limited to locate the heating system outdoors or in a separate dust-free room or building in accordance with NFPA 654, 2006, Section 9.6.2. Comply with National Fire Protection Agency (NFPA) 61 - Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities, 2008 NFPA 61, Chapter 10, Dust Control, 10.3 Dust Emissions, 10.3.1. A method shall be used to prevent the escape of dust from process equipment into the surrounding environment. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

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