Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 314279431
Citation: 02001
Citation Type: Repeat
Abatement Date: 12/26/2011 X
Initial Penalty: $53,900.00
Current Penalty: $14,535.00
Issuance Date: 12/20/2011
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC): A
Gravity: 10
Report ID: 0636900
Contest Date: 01/10/2012
Final Order: 08/23/2012
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 08/23/2012 | $14,535.00 | 12/26/2011 | Repeat | |
Penalty | Z: Issued | 12/20/2011 | $53,900.00 | 12/26/2011 | 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 employmnent 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 entering confined spaces such as, but not limited to, sanitary sewer manholes are not protected from hazards such as, but not limited to atmospheric contaminants including hydrogen sulfide and/or methane, oxygen deficiency, and engulfment. This occurred on or about June 28, 2011, at a City of Gordon Sanitary Lift Station located at 712 N. Main, Gordon, Texas, when employees entered a sanitary sewer manhole where the employer did not assure acceptable atmospheric conditions prior to, and for all periods of, entry; provide adequate ventilation to remove atmospheric contaminants; or provide appropriate retrieval equipment for use in the event of an emergency. Employees entering the manhole were exposed to hazards such as, but not limited to, atmospheric contaminants including hydrogen sulfide, oxygen defiency, and drowning. Among other methods, recognized and feasible means of abatement to correct the hazard include, but are not limited to: (1)Implementation of the program for Confined Spaces contained in the company's Safety Manual; (2)Implementation of the elements required by the American National Standards Institute (ANSI)/American Society of Safety Engineers (ASSE) Standard Z117.1-2009, Safety Requirements for Confined Spaces. Pursuant to 29 CFR 1903.19, within ten (10) calendar days of the abatement date of this citation, the employer must submit documentation of compliance with the standard, including describing the steps taken to ensure that a confined space entry program that complies with OSHA's 1910.146 standard, or ANSI/ASSE Standard Z117.1-2009, has been implemented for any and all confined space entries by employees.