Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 313130254
Citation: 01001
Citation Type: Serious
Abatement Date: 01/22/2010 X
Initial Penalty: $4,200.00
Current Penalty: $4,200.00
Issuance Date: 10/29/2009
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC): R
Gravity: 10
Report ID: 0523300
Contest Date:
Final Order:
Emphasis:
Text For Citation: 01 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 exposed to fire/explosion hazards during cutting operations near a used fuel storage tank for the furnace. In the repair bay, employees were repairing the supporting cross-members beneath a semi-trailer by cutting new steel braces with a Milwaukee chop saw and welding them in place. During the cutting of the steel braces, showers of sparks were produced. The chop saw was located in the center of the bay, on a pedestal within approximately 4 feet of a fuel oil storage tank with a 2 inch diameter opening in the top with a funnel inserted in the opening. An employee was in the process of cutting a piece of cross-bracing with the Milwaukee chop saw when there was an explosion, sending the employee airborne towards the south of the bay covered in oil with his clothes smoldering. Among others, a feasible and acceptable method to correct this hazard is to follow the National Fire Protection Association (NFPA) 31, Requirements for Installation of Oil Burning Equipment, Chapter 4, Basic Installation and Operation Requirements and Chapter 7, Fuel Oil Tanks. The requirements stated in Chapter 4 are to utilize only used fuel oil, not gasoline as a fuel source for used-oil furnaces. The requirements stated in Chapter 7 are not storing fuel-oil tanks within five feet of spark producing equipment and work without proper barrier protection; and, keeping flammable and/or combustible liquids in vapor tight containers when not in use.
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