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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 1330077.015 Citation: 01001 Issuance: 11/06/2018 ReportingID: 0728900

Viol Type:Serious NrInstances:1 Contest Date:
Abatement Date:01/11/2019 2 Nr Exposed:1 Final Order:11/28/2018
Initial Penalty: $11,641.00 REC:A Emphasis:
Current Penalty: $9,500.00 Gravity:10 Haz Category:

Substance: 8330 Heat Stress

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 11/06/2018 $11,641.00 12/11/2018 Serious  
Penalty I: Informal Settlement 11/28/2018 $9,500.00 01/11/2019 Serious  

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

Section 5(a)1 of the Occupational Safety & 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 workers in that the workers were exposed to excessive heat. On or about July 12, 2018 employees of Rivera Agri, Inc. were exposed to the hazard of excessive heat. The employer is failing to protect employees for heat related injuries and illnesses associated with working outdoors de-tasseling corn in the summer heat. The heat index was 100 degrees at that time. The temperature was 93 degrees and the humidity was 45 percent. The most recent occurrence of this was evident during the fatality investigation of the job site located at the cornfield at the corner of Abbott Rd. and Schaupsville Road. On or about July 12, 2018 employees Rivera Agri, Inc. were performing detasseling duties to include moderate lifting and bending, moderate upper body pushing and pulling. Such exposures led to the death of an employee of the company. The employer is failing to ensure that all employees took adequate breaks in designated shaded areas, required to drink adequate amounts of water/fluids, and are properly acclimated to the working conditions. These actions were left to the employees to manage themselves. AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHOD TO CORRECT THIS HAZARD IS: i) Providing a work/rest regimen. ii) Training employees about the effects of heat-related illness, how to report and recognize heat related illness symptoms and how to prevent heat related illnesses. iii) Develop and implement a heat acclimatization program for new employees or employees returning to work from absences of three or more days. iv) Providing a cool, climate controlled area where heat-effected employees may take their breaks and/or recover when signs or symptoms of heat-related illnesses are recognized. v) Providing shaded areas where heat-affected employees may take their breaks and/or recover on work sites that do not have access to climate controlled areas. vi) Developing and implementing specific procedures to be followed for heat related emergency situations and procedures for first aid to be administered immediately to employees displaying symptoms of heat-related illness. vii) Using dermal patches for monitoring core temperature to better identify when workers need to be removed from the work area

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