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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 1272065.015 Citation: 01001 Issuance: 04/17/2018 ReportingID: 0626700

Viol Type:Willful NrInstances:1 Contest Date:05/08/2018
Abatement Date:05/15/2019 2 Nr Exposed:7 Final Order:06/12/2019
Initial Penalty: $85,362.00 REC:A Emphasis:
Current Penalty: $55,485.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 04/17/2018 $85,362.00 05/08/2018 Willful  
Penalty C: Contested 05/31/2018 $85,362.00 05/08/2018 Willful  
Penalty F: Formal Settlement 06/12/2019 $55,485.00 05/15/2019 Willful  

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

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 engulfment hazards: a) At the facility, Silo #3: On or about October 20, 2017, an employee entered a permit-required confined space silo to dislodge an unstable pile of wood pellets. As of October 20, 2017, the wood pellets within Silo #3 had become stuck together in large masses. Respondent represents that this was the result of firefighting response activities directed by court order requiring removal of the pellets, including liquid nitrogen and saltwater infiltration. In the course of operating equipment outside the silo (using bucket, arm, and loader to reach into the silo without entering it), employees faced mounting difficulties in extracting pellets, and maneuvered equipment into the silo to extract pellets before immediately exiting the silo.

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