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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 109177329 Citation: 01001 Issuance: 01/07/2009 ReportingID: 0111500

Viol Type:Serious NrInstances:1 Contest Date:
Abatement Date:02/09/2009 X Nr Exposed:4 Final Order:
Initial Penalty: $2,500.00 REC:R Emphasis:
Current Penalty: $1,750.00 Gravity:10 Haz Category:CRUSHING

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 01/07/2009 $2,500.00 02/09/2009 Serious  
Penalty I: Informal Settlement 01/29/2009 $1,750.00 02/09/2009 Serious  

Text For Citation: 01 Item/Group: 001 Hazard: CRUSHING

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 crushed by the dumbwaiter: FACILITY: The electrical switch, used to interlock the door with the dumbwaiter was installed in such a manner and location so that the electrical switch could very easily be either bypassed and/or defeated for its purpose. On or about August 28, 2008, the electrical switch was easily bypassed and defeated for its purpose by holding it down by one of employees with a hand while an employee was sitting down on the doorway of the dumbwaiter to try to free-up the stuck dumbwaiter. Subsequently, the dumbwaiter descended and crushed the employee, and the sustained serious multiple injuries. Among other methods, one feasible and acceptable method to correct the hazard is to: 1. Install the electrical switches in accordance with ASME A17.3, Safety Codes for Existing Elevators, Escalators and Dumbwaiters. 2. Comply with the Manufacturer's recommendations of the Dumbwaiter. 3. Develop and implement procedures for the safe use of the dumbwaiter. 4. Provide training in the safe and proper use of the dumbwaiter 5. Utilize other available and feasible engineering technologies..

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