Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 18194415 Citation: 01001 Issuance: 12/11/1989 ReportingID: 0729300
Viol Type:Serious NrInstances:1 Contest Date:
Abatement Date:01/27/1990 X Nr Exposed:3 Final Order:
Initial Penalty:640.00 REC: Emphasis:
Current Penalty:260.00 Gravity:08 Haz Category:FALLING

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 12/11/1989 640.00 01/27/1990 Serious  
Penalty I: Informal Settlement 12/15/1989 260.00 01/27/1990 Serious  

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

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: a) The hazard of fescue seed (any of various grasses of the genus festuca, often cultivated as pasturage) collapsing, resulting in asphyxiation; in that the employer did not provide those employees involved in entry into a fescue seed storage bin or tank with an adequate bin or tank entry procedure to protect employees from possible fescue seed collapsing while trying to unclog air pocket blockages or performing maintenance/repair operations. One feasible and acceptable abatement method to correct this hazard is to institute a formal bin or tank entry program consisting of, but not limited to, the following elements: 1) The completion and posting of permit for entering bin or tank which requires authorization and approval in writing that certifies that all existing and potential hazards have been evaluated by a qualified person and necessary protective measures have been implemented to ensure the safety of each employee prior to entering the bin or tank. 2) All mechanical, electrical, hydraulic, and pneumatic equipment which present a danger to employees inside of bin or tank prior to entry are to be disconnected, locked and tagged as out, blocked-off or prevented from operating by other means or methods. 3) Testing the atmosphere of the bin or tank prior to entry and on a regular basis for presence of sufficient oxygen (a minimum of 19%) and absence of hazardous levels of toxic or combustible gases or vapors, when determined necessary. 4) When entering bin or tank from the top, employees are to wear a body harness with lifeline, or use a boatswain's chair that meets the requirements of 1910.28(j). A winch system with mechanical advantage (either powered or manual), would allow better control of the employees than just using a hand-held hoist line; such a system would allow the observer to remove the employee easily without having to enter the bin or tank. 5) An observer equipped to provide assistance stationed outside the bin or tank being entered by an employee. Communication (visual, voice or signal line) are to the maintained between the observer and employees entering the bin or tank. 6) The employer will provide equipment for rescue operations which is specifically suited for the bin or tank being entered. 7) The employee acting as observer is to be trained in rescue operation specifically suited for the bin or tank entered. 8) Employees are not to enter bins or tanks underneath a bridging condition or where a build-up of products on the sides could fall and bury them. DISCLAIMER: The abatement method outlined above is general and the employer based on his superior knowledge of the working conditions is responsible for developing and implementing an abatement method which will be suitably protective of employee's safety and health.