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Violation Detail

Standard Cited: 19100178 C02 IV Powered industrial trucks.

Inspection Nr: 1398632.015

Citation: 01010A

Citation Type: Willful

Abatement Status: Abatement Completed

Initial Penalty: $132,598.00

Current Penalty: $126,781.00

Issuance Date: 10/24/2019

Nr Instances: 1

Nr Exposed: 32

Abatement Date: 12/12/2019

Gravity: 10

Report ID: 0524200

Contest Date: 09/19/2019

Final Order: 11/08/2024

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 11/08/2024 $126,781.00 12/12/2019 Willful  
Penalty C: Contested 01/07/2020 $132,598.00 12/12/2019 Willful  
Penalty Z: Issued 10/24/2019 $132,598.00 12/12/2019 Willful  

Text For Citation: 01 Item/Group: 010A Hazard:

29 CFR 1910.178(c)(2)(iv): Power-operated industrial trucks designated as DY, EE, or EX were not used in locations where volatile flammable liquids or flammable gases were handled, processed or used, but in which the hazardous liquids, vapors or gases would normally be confined within closed containers or closed systems from which they could escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment; also in locations in which hazardous concentrations of gases or vapors are normally prevented by positive mechanical ventilation but which might become hazardous through failure or abnormal operation of the ventilating equipment; or in locations which are adjacent to Class I, Division 1 locations, and to which hazardous concentrations of gases or vapors might occasionally be communicated unless such communication is prevented by adequate positive-pressure ventilation from a source of clear air, and effective safeguards against ventilation failure are provided: a) The employer does not provide powered industrial trucks with DY, EE, or EX, designation in plant locations where volatile flammable liquids or flammable gases are handled, processed, or used. This condition last occurred during the period from April 29, 2019 through May 3, 2019, when a Clark C25CL (serial number C232L-0363-9856CNF) powered industrial truck with Type LP designation was used in areas where volatile flammable liquids were handled, processed and used, and were used to transport volatile flammable liquids.

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