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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 300055084 Citation: 02001 Issuance: 10/13/1999 ReportingID: 0728900

Viol Type:Serious NrInstances:9 Contest Date:
Abatement Date:11/15/1999 X Nr Exposed:6 Final Order:
Initial Penalty: $56,000.00 REC:A Emphasis:
Current Penalty: $21,525.00 Gravity:10 Haz Category:CONFINED

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 10/13/1999 $56,000.00 11/15/1999 Willful  
Penalty I: Informal Settlement 11/03/1999 $21,525.00 11/15/1999 Serious  

Text For Citation: 02 Item/Group: 001 Hazard: CONFINED

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 recognized hazards of asphyxiation, chemical exposure and physical injury associated with inadequate confined space entry and rescue systems and procedures. a)Employees at the cattle yard facility are exposed to the hazards associated with inadequate confined space retrieval/rescue. Employees were accessing the grain bins without an adequate means of retrieval/rescue of the employees. On April 13, 1999, two employees were engulfed and asphyxiated in the confined space of the corn bin. Among other methods, feasible and acceptable abatement methods to correct this hazard include, but are not necessarily limited to the following: i)The employer shall implement safeguards such as rescue equipment as outlined in Section 12 of ANSI Z117.1 - 1995. b)Employees at the cattle yard facility are exposed to the hazards associated with confined spaces. Employees were accessing confined spaces, such as, bins and scale pits, at the establishment without adequate oversight, preparation or safety precautions. Among other methods, feasible and acceptable abatement methods to correct this hazard include, but are not necessarily limited to the following: i)The employer shall identify and evaluate the establishment for hazard identification as outlined in Section 3 of American National Standards Institute (ANSI) Z117.1 - 1995. ii)The employer shall implement an entry permit system as outlined in Section 5 of ANSI Z117.1 - 1995. iii)The employer shall conduct atmospheric testing as outlined in Section 6 of ANSI Z117.1 - 1995. iv)The employer shall follow all attendant requirements as outlined in Section 7 of ANSI Z117.1 - 1995. v)The employer shall perform isolation and lockout/tagout as outlined in Section 8 of ANSI Z117.1 - 1995. vi)The employer shall implement warning signs and symbols as outlined in Section 13 of ANSI Z117.1 - 1995.vii)The employer shall implement an emergency response plan as outlined in Section 14 of ANSI Z117.1 - 1995. viii)The employer shall conduct training as outlined in Section 15 of ANSI Z117.1 - 1995. ix)The employer shall appraise contractors of confined spaces as outlined in Section 17 of ANSI Z117.1 - 1995. Abatement certification and abatement documentation is required for this violation. The documentation should include written verification of abatement, applicable measurements or monitoring results, and photographs or videos which you believe will be helpful. The abatement certification sheet is enclosed with the citations.ion

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