Standard Cited: 5A0001 OSH Act General Duty Paragraph

This violation item has been deleted.

Violation Items
Nr: 113737969 Citation: 01001 Issuance: 08/20/2010 ReportingID: 0316700
Viol Type:Serious NrInstances:1 Contest Date:09/10/2010
Abatement Date:09/15/2010 Nr Exposed:34 Final Order:12/09/2010
Initial Penalty:2500.00 REC:A Emphasis:
Current Penalty: Gravity:10 Haz Category:HEAT
Substance: 8330 Heat Stress

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 08/20/2010 2500.00 09/15/2010 Serious  
Penalty F: Formal Settlement 12/09/2010 09/15/2010 Serious  


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

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 heat-related hazards without adequate provisions to protect them: (a)Boyer Nursery and Orchards, Incorporated - Employees were exposed to hot and humid conditions while pulling weeds in a fruit tree nursery field and one employee died from hyperthermia on July 8, 2010. The employer failed to train employees in the control of heat stress and in the recognition, prevention, and treatment of heat illnesses, on or about July 9, 2010. Among other methods, one feasible and acceptable method to correct this hazard is to follow established guidelines for the prevention of heat-related disorders, such as those published by the Centers for Disease Control and Prevention (CDC), National AG Safety Database (NASD), National Institute of Occupational Safety and Health (NIOSH), and Occupational Safety and Health Administration (OSHA). Examples of these feasible and acceptable methods include, but are not limited to: 1) Developing a heat stress training program to inform employees about the effects of heat stress and how to recognize heat- related symptoms and prevent heat-induced illnesses. 2) Training employees to stay hydrated by drinking 5 to 7 ounces of water every 15 to 20 minutes throughout the work day and avoiding drinks with caffeine, alcohol and large amounts of sugar. 3) Instructing employees to wear light-colored, loose-fitting, breathable clothing, such as cotton. 4) Implementing a screening program to determine any causal factors that may effect the employee's heat illness susceptibility. 5) Establishing a work/rest regimen so that exposure time to high temperatures and/or the work rate is decreased. For example, work could be scheduled during the cooler part of the day. 6) Utilizing an acclimation program for new employees or employees returning to work from absences of three or more days. 7) Specifying procedures to be followed for heat-related emergency situations. 8) Making provisions so that first-aid can be administered immediately to employees displaying symptoms of heat-related illness. VERIFICATION REQUIRED