Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
This violation item has been deleted.
Inspection Nr: 316028653
Citation: 01001
Citation Type: Serious
Abatement Date: 04/07/2012
Initial Penalty: $7,000.00
Current Penalty: $7,000.00
Issuance Date: 03/05/2012
Nr Instances: 1
Nr Exposed: 4
Related Event Code (REC): A
Gravity: 10
Report ID: 0420600
Contest Date: 03/28/2012
Final Order: 02/15/2013
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 02/15/2013 | $7,000.00 | 04/07/2012 | Serious | |
| Penalty | Z: Issued | 03/05/2012 | $7,000.00 | 04/07/2012 | Serious |
Text For Citation: 01 Item/Group: 001 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 were exposed to the hazard of being struck by lightning: a) 10001 N. McKinley Drive in Tampa, FL - Employees were exposed to the hazard of being struck by lightning while working outdoors at the Adventure Island water park by not following their own procedures to shut down the rides on dates including, but not limited to, September 10, 2011. An employee was struck by lightning when employees were not informed to initiate rides shut-down procedures after the employer's strike monitoring systems indicated activity within 0 to 5 miles from the park. Among other methods, one feasible and acceptable abatement method would be to: 1.Obtain training from the providers of the employer's existing strike monitoring systems about how to interpret strike data. 2. Review and change the existing Communications' weather procedure for lightning protection. On making such changes the employer would consider, but not limit considerations to, the following: a. base shut-down decisions on the data from the existing strike monitoring systems; b. rely minimally on human observation/perception of weather conditions after receiving indications from the monitoring systems of lightning overhead (0 to 5 miles from the park); supplement data from the existing monitoring systems with information from the National Oceanic and Atmospheric Administrations (NOAA's) National Weather Service advisory about incoming storm warnings and weather forecasts [http://www.nws.noaa.gov/]; c. reevaluate time required to evacuate guests from rides, especially when employees are the last to evacuate and seek shelter (For example, if a thunder (lightning) storm is traveling at 30 mph, it will travel 5 miles in just 20 minutes. Most tornadoes have wind speeds between 40 and 110 mph.); d. establish a minimum time for employees to remain in shelter after the last indication of overhead lightning before starting procedure to re-open rides; and e. employee input from chair intercoms around the park about inclement weather conditions. (Storms can develop in 20 to 30 minutes.) 3. Provide training to employees on the following:a. new Communications' weather procedure for lightning protection; b. how and when to communicate inclement weather conditions; and c. enforcement procedures. 4. Provide a copy of new procedures to employees and a consistent copy for the reference guide at Communications' Base. 5. Implement an effective enforcement program for all employees on weather procedures to be followed. Review the content of the existing procedure to assure that it adequately addresses, but is not limited to, the following: If outdoors: a.stay away from water pools and avoid contact with the water; b.do not take refuge under any tall, isolated object, such as a tent or tree. (Standing under a group of trees, shorter than others in the area, is better than being in the open.); c.avoid metal fences, clothes lines, metal pipes, rails, telephone poles and other conductors; d.put down any object that might conduct electricity, such as a rake, hoe, or shovel; and e.seek low ground, preferably a ditch or gully. If indoors: a.keep clear of windows; b.turn off televisions and other electrical appliances; and c.postpone showers.
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