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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 103301743

Citation: 03001

Citation Type: Serious

Abatement Status: X

Initial Penalty: $1,625.00

Current Penalty: $1,040.00

Issuance Date: 10/18/1991

Nr Instances: 1

Nr Exposed: 4

Abatement Date: 11/19/1991

Gravity: 03

Report ID: 0524500

Contest Date:

Final Order:

Related Event Code (REC): C

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 10/30/1991 $1,040.00 11/19/1991 Serious  
Penalty Z: Issued 10/18/1991 $1,625.00 11/19/1991 Serious  

Text For Citation: 03 Item/Group: 001 Hazard: CONFINED

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: On May 12, 1991, and each Sunday, employees entered an incinerator, which was a confined space, for the purpose of inspecting, and cleaning. A confined space entry procedure as outlined in the abatement methods was not followed. Among other methods, a feasible and acceptable abatement method could include: Institute a formal confined space entry program such as that stipulated by ANSI Z117.1-1990, American National Standard of Safety Requirements for Working in Tanks and Confined Spaces, and OSHA's proposed standard 29 CFR 1910.146, Permit Required Confined Spaces. A minimally acceptable confined space entry procedure consists of the following elements: a. Written procedures, including a permit system, ventilation, atmospheric testing, rescue procedures, and employee training. b. Employees shall be required to obtain and post a confined space entry permit signed by a supervisor prior to confined space entry. The permit shall specify the location and type of work to be done and certify that all existing and potential hazards have been evaluated by a qualified person and necessary protective measures have been taken to ensure the safety of each worker. c. Provide mechanical ventilation of the confined space prior to entry and during occupancy to assure a safe atmosphere when determined necessary as described in (b) above. d. Test the atmosphere in the confined space prior to entry and on a regular basis during occupancy for the presence of sufficient oxygen (minimum 19.5%) and the absence of hazardous levels of toxic or combustible gases, where such gases may be present. Measurements shall be made with instruments calibrated daily according to the manufacturers' instructions. Instrument operators shall be trained in the use and care of instruments. e. Personal protective equipment such as respirators shall be chosen and provided on the basis of testing and monitoring. Users of this equipment shall be trained on its use and limitation. Respiratory protection shall be used in accordance with section .134 of 29 CFR 1910 General Industry Standards. f. An attendant shall be stationed outside the permit space and shall maintain effective and continuous contact with authorized entrants during entry. The attendant shall be properly trained in hazard recognition and rescue procedures. g. Employees who are required to work in a confined space shall be trained in all aspects of the confined space program, including hazard recognition, communication with the attendant, use of protective equipment, and emergency rescue procedures. Disclaimer: a. The employer is not limited to the abatement methods suggested by OSHA; b. The methods explained are general and may not be effective in all cases; c. The employer is responsible for selecting and carrying out an effective abatement method.

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