Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 308089762
Citation: 02001
Citation Type: Unclass
Abatement Date: 08/08/2005 X
Initial Penalty: $63,000.00
Current Penalty: $40,000.00
Issuance Date: 07/06/2005
Nr Instances: 1
Nr Exposed: 55
Related Event Code (REC): A
Gravity: 10
Report ID: 0728500
Contest Date: 08/20/2005
Final Order: 11/14/2005
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 11/14/2005 | $40,000.00 | 08/08/2005 | Unclass | |
| Penalty | Z: Issued | 07/06/2005 | $63,000.00 | 08/08/2005 | 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 were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that the exposing employer did not follow the manufacturer's instructions for the Morrison Brothers Company Model 922 Combination Vent/Overfill Alarm to inspect monthly and more frequently in freezing weather by someone familiar with the proper operation of the vent to insure against structural damage to the tank and potential fire and explosion hazards. (a)On or about January 07, 2005, at the MFA Oil Company, Marshall, Missouri Bulk Storage Plant, a transport driver suffered fatal burns when aboveground storage tank PC#7 ruptured, followed by a fire and explosion. The tank over- pressure and rupture occurred during an off-loading procedure in which the tank vent/overfill alarm and the emergency vent failed to operate due to freezing weather. The employer had not inspected the vents monthly, nor more frequently when freezing weather conditions existed. While ultimate responsibility for correcting the hazard rests with the employer, feasible and acceptable methods to correct this hazard, among others: (1)The suspension of loading and off-loading activities during freezing, wet weather conditions; (2)The development and implementation of comprehensive inspection procedures for tank venting equipment, as specified by the manufacturer, including a means of access to tank tops for the inspection of vent operation in any weather with an emphasis on inspection during wet, freezing weather; (3)The inline installation of pressure gauges to alert employees at the loading/off-loading location of internal tank pressure; (4)The installation of vent covers to prevent freezing winter precipitation from entering the vents. Abatement Note: 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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