Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 106559685 Citation: 01001B Issuance: 12/30/1997 ReportingID: 0524530
Viol Type:Serious NrInstances:1 Contest Date:01/26/1998
Abatement Date:01/05/1998 X Nr Exposed:5 Final Order:02/15/1999
Initial Penalty: REC: Emphasis:
Current Penalty: Gravity:10 Haz Category:BURNS

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 12/30/1997 01/05/1998 Serious  
Penalty F: Formal Settlement 02/15/1999 01/05/1998 Serious  

Text For Citation: 01 Item/Group: 001B 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 in that employees were exposed to the hazards of being burned due to the premature ignition of pyrotechnic shells: At the fireworks barge #D930687, on or about 07-03-97, five employees were exposed to the hazards of being burned due to the premature ignition of three-inch, four-inch, and eight-inch pyrotechnic shells. The three-inch and four-inch shells were contained in three cardboard boxes. These boxes were placed along the interior portion of the coaming on the upper port side adjacent to the wooden "ready box" prior to and during the fireworks display. The two cardboard boxes containing the eight-inch shells were placed along the exterior portion of the coaming facing the unguarded prow of the barge. These boxes were adjacent to the three 55- gallon plastic drums containing mortars of comparable size. A defective eight-inch shell landed in-between the "ready box", the three-inch through six-inch mortar batteries, and the cardboard boxes causing a conflaguration in which one employee was burned to death. One method of abatement to correct this apparent hazard is to place all pyrotechnic shells into the "ready box" prior to the fireworks display as required by NFPA 1123, paragraph 2- 2.4.2. DISCLAIMER: a) The employer is not limited to the abatement method(s) suggested by OSHA. b) The employer is responsible for selecting and implementing an effective abatement method. ***THIS ITEM REQUIRES A WRITTEN CERTIFICATION OF ABATEMENT***