Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 311129712
Citation: 01001A
Citation Type: Serious
Abatement Date: 05/20/2008 E
Initial Penalty: $4,900.00
Current Penalty: $600.00
Issuance Date: 11/07/2007
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC): A
Gravity: 10
Report ID: 0420600
Contest Date: 12/05/2007
Final Order: 05/19/2008
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 05/19/2008 | $600.00 | 05/20/2008 | Serious | |
| Penalty | Z: Issued | 11/07/2007 | $4,900.00 | 11/14/2007 | Serious |
Text For Citation: 01 Item/Group: 001A Hazard: STRUCK BY
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 without the use of flotation devices, were exposed to the hazard of drowning during herbicide spray operations from a 12 feet long canoe, when the canoe tipped over due to an unstable load: a. At the site on 4723 School Road, Land O' Lakes, Florida, employees were operating a 12 feet long canoe without personal flotation devices during herbicide spray operations to eradicate vegetation growing in the lake. The sprayer which was equipped with a 50 gallon tank was placed across the canoe top from side to side causing it to tip over throwing the two employees into the lake. One employee survived by swimming to the shore. The second employee drowned. Among other methods feasible and acceptable methods to correct this hazard is: 1. Follow and comply with the 2007 Florida Statutes, Chapter 327, Section 327.50 entitled Vessel Safety Regulations equipment and lighting requirements paragraph 1(a) which states "The owner and operator of every vessel on the waters of this State shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety equipment requirements as specified in the Code of Federal Regulations, unless expressly exempted by the Department". 2. Require employees to wear at all times while in a canoe a Coast Guard approved personal flotation device. 3. Provide employees training and education on the hazards related to work operations and on personal protective equipment to protect them from these hazards.
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