Violation Detail
Standard Cited: 95012901
Inspection Nr: 313219131
Citation: 01002
Citation Type: Serious
Abatement Date: 12/16/2009 X
Initial Penalty: $5,600.00
Current Penalty: $5,600.00
Issuance Date: 12/11/2009
Nr Instances: 1
Nr Exposed: 5
Related Event Code (REC): A
Gravity:
Report ID: 0453710
Contest Date: 02/03/2010
Final Order: 10/14/2010
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 10/14/2010 | $5,600.00 | 12/16/2009 | Serious | |
| Penalty | Z: Issued | 12/11/2009 | $5,600.00 | 12/16/2009 | Serious |
Text For Citation: 01 Item/Group: 002 Hazard: BURNS
North Carolina General Statute 95-129(1) of the Occupational Safety and Health Act of North Carolina: The employer did not furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were exposed to explosion and burns as a result of premature detonation and explosion of pyrotechnic devices due to improper control of possible ignition sources such as smoking materials: a)Site, truck, inside the back enclosed portion of the Ryder rental truck, NC License # ZB7357, VIN# 1FVACWDC94HN53759, ID# 400596 - On or about July 4, 2009, four employees were killed and one injured during operations where employees were permitted to introduce possible ignition sources such as smoking materials and lighter(s) within 50 feet of where pyrotechnic materials were present. A pack of cigarettes and a butane lighter were found two (2) feet from the (South) rear corner of the open door of the enclosed body of the Ryder rental truck, NC License # ZB7357, VIN# 1FVACWDC94HN53759. Reference: American Pyrotechnics Association (APA) Display Fireworks Training Program, Paragraph 7.12.4; and National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 2010 edition, Paragraphs 8.1.6.1 Among other feasible methods to correct this, the employer could have ensured that all smoking materials and spark producing devices were removed from the personnel prior to allowing them within 50 feet of the pyrotechnics.
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