Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 312921158
Citation: 02001
Citation Type: Willful
Abatement Date: 08/12/2010 X
Initial Penalty: $56,000.00
Current Penalty: $43,575.00
Issuance Date: 08/06/2010
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC): A
Gravity: 10
Report ID: 0626700
Contest Date: 08/26/2010
Final Order: 02/07/2011
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 02/07/2011 | $43,575.00 | 08/12/2010 | Willful | |
| Penalty | Z: Issued | 08/06/2010 | $56,000.00 | 08/12/2010 | 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 does not furnish employment and a place of employment which is free from recognized hazards that cause or are 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, oxygen deficiency, and engulfment. This occurred on or about February 8, 2010, at the Highway 332 Utility Relocation Project in Lake Jackson, Texas, when employees entered into sanitary sewer manholes 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 manholes were exposed to hazards such as, but not limited to, atmospheric contaminants including hydrogen sulfide, oxygen deficiency, 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 Space. 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.
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