Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 310988712 Citation: 02001 Issuance: 07/25/2008 ReportingID: 0418400
Viol Type:WillFul NrInstances:1 Contest Date:07/25/2008
Abatement Date:08/04/2008 X Nr Exposed:30 Final Order:07/07/2010
Initial Penalty:70000.00 REC: Emphasis:
Current Penalty:70000.00 Gravity:10 Haz Category:DUST&FUMES

Penalty and Failure to Abate Event History
Type Event Date Penalty abatement Type FTA Insp
Penalty Z: Issued 07/25/2008 70000.00 08/04/2008 WillFul  
Penalty F: Formal Settlement 07/07/2010 70000.00 08/04/2008 WillFul  


Text For Citation: 02 Item/Group: 001 Hazard: DUST&FUMES

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 explosion and fire: a.South & Bosch Packing Houses - On or about 02/07/2008, a LP fuel operated "Tenant" 7400 floor scrubber machine, which was not rated for hazardous locations, was being operated on the 1st, 2nd, 3rd, and 4th floors where combustible sugar dust was present. One feasible means of abatement would be to utilize floor scrubbers designed for use in hazardous locations, as referenced by National Fire Protection Association (NFPA) 61 "Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities," 2008 & 2002 Edition, Chapter 13.5. 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 ensure that only scrubbers designed for use in hazardous locations are operated in hazardous locations.