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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 300947256 Citation: 01001 Issuance: 02/04/1997 ReportingID: 0524200

Viol Type:Unclass NrInstances:1 Contest Date:02/26/1997
Abatement Date:02/07/1997 I Nr Exposed:1 Final Order:08/04/1997
Initial Penalty: $7,000.00 REC:A Emphasis:
Current Penalty: $34,000.00 Gravity:10 Haz Category:CONFINED

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 02/04/1997 $7,000.00 02/07/1997 Serious  
Penalty A: Amendment 02/04/1997 $70,000.00 02/07/1997 Willful  
Penalty F: Formal Settlement 08/04/1997 $34,000.00 02/07/1997 Unclass  

Text For Citation: 01 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 employee(s), in that, on August 16, 1996, worker(s) employed by the Kenny Construction Company were exposed to a hazard of asphyxiation, while working in an underground manhole located in the vicinity of the 8200 and 8300 blocks of West Roosevelt Road, Forest Park, Illinois, to perform their assigned duties which were associated with the DuPage Water Commission Construction Project. Among other methods, a feasible and acceptable method to correct this hazard includes, but is not limited to the following: (1) To implement the provisions found in the "Policy of Kenny Construction Company for Confined Space Entry and Air Testing" and in The Associated General Contractors of America's "Tool Box Safety Talk", Chapter 25, entitled Confined Space Hazards, which prescribe safety procedures when entering confined spaces including the rule that a competent person test for oxygen, toxic and flammable gases prior to entry into the confined space. (2) To amend these provisions with a requirement that the competent person prepare a written "confined space entry permit" prior to entry into the confined space. At a minimum, the "permit" will include the air test results, the name and signature of the person(s) performing the test, the name and signature of the person(s) entering the confined space, and the specific location and identification of the confined space at the location. Separate permits are necessary when entering any single confined space.ed

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