Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 310988712 Citation: 01004 Issuance: 07/25/2008 ReportingID: 0418400
Viol Type:Serious NrInstances:1 Contest Date:07/25/2008
Abatement Date:08/04/2008 X Nr Exposed:50 Final Order:07/07/2010
Initial Penalty:5000.00 REC: Emphasis:
Current Penalty:5000.00 Gravity:10 Haz Category:STRUCK BY
Substance: E200 Combustible Dust(%)

Penalty and Failure to Abate Event History
Type Event Date Penalty abatement Type FTA Insp
Penalty Z: Issued 07/25/2008 5000.00 08/04/2008 Serious  
Penalty F: Formal Settlement 07/07/2010 5000.00 08/04/2008 Serious  


Text For Citation: 01 Item/Group: 004 Hazard: STRUCK BY

P.L. 91-596 Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer does not furnish employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to employees in that employees are exposed to the hazard(s) of being struck-by flying material resulting from an explosion: a.South Packaging House, 4th Floor, West side - Masonry was used for the construction of exterior walls of the Powder Mill Room, exposing employees on or about 02/07/2008 to struck-by hazards from an explosion. The area is considered to be classified as Class II, Group G, Division 1 under 29 CFR 1910.307 and NFPA 70, National Electrical Code. One feasible means of abatement would be to construct the new powdered sugar production area with non-masonry materials and with explosion venting, designed to relieve pressure and gases resulting from an internal overpressurization, as referenced by National Fire Protection Association (NFPA) 61, Chapter 4, Construction Requirements, paragraph 4.1.4. Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days, the employer must submit an abatement plan describing the actions it is taking to prevent the hazards described in instance a, above.ce