Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 106559685
Citation: 02001A
Citation Type: Unclass
Abatement Status: X
Initial Penalty: $49,000.00
Current Penalty: $35,000.00
Issuance Date: 12/30/1997
Nr Instances: 1
Nr Exposed: 5
Abatement Date: 01/05/1998
Gravity: 10
Report ID: 0524530
Contest Date: 01/26/1998
Final Order: 02/15/1999
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 02/15/1999 | $35,000.00 | 01/05/1998 | Unclass | |
Penalty | Z: Issued | 12/30/1997 | $49,000.00 | 01/05/1998 | Willful |
Text For Citation: 02 Item/Group: 001A 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 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 the hazards of being burned due to the premature ignition of pyrotechnic shells: At the fireworks barge #D930687, on or about 07-03-97, five employees were exposed to the hazards of being burned due to the premature ignition of three-inch through six-inch pyrotechnic shells. The wooden "ready box" containing these pyrotechnic shells was approximately four feet away initially from mortar batteries of comparable caliber located along the upper starboard side. These mortars were being discharged by an employee through the use of a road flare. A defective eight-inch shell landed in between the "ready box" and the three-inch through six-inch mortar batteries causing a conflaguration in which one employee was burned to death. One method of abatement to correct this apparent hazard is to move the "ready box" away from all operational mortar batteries a minimum of 25 feet as required by NFPA 1123, paragraph 2-2.4.3. DISCLAIMER: a) The employer is not limited to the abatement method(s) suggested by OSHA. b) The employer is responsible for selecting and implementing an effective abatement method. ***THIS ITEM REQUIRES A WRITTEN CERTIFICATION OF ABATEMENT***