Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 310988712 Citation: 02002 Issuance: 07/25/2008 ReportingID: 0418400
Viol Type:WillFul NrInstances:4 Contest Date:07/25/2008
Abatement Date:08/04/2008 X Nr Exposed:40 Final Order:07/07/2010
Initial Penalty:70000.00 REC:A 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: 002 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 to each of his employees employment and a place of employment which are free from the recognized hazards of the propagation of a fire, deflagration, and/or explosion outside the area of the initial fire, deflagration, and/or explosion which are causing or likely to cause death or serious physical harm to employees: a.South Packing House & Bosch Packing House - On or about 02/07/2008, bucket elevator legs ("legs") or portions of legs that were located inside were not equipped with explosion relief venting to prevent secondary dust explosions and/or rupture of the elevator housing. b.South Packaging House; Bosch Packing House; Production Hummer Room (5th floor); 4th floor of Bulk Sugar Building; Powder Mill Room (4th floor South Packing House); and Top of Silos #1, #2, & #3 (9th Floor) - On or about 02/07/2008, rooms, buildings, or other enclosures were not provided with explosion relief venting distributed over the exterior walls and roof to prevent structural failures in the event of a dust explosion. c.Screw augers ("scrolls") transferring sugar from the 4th floor South Packing House to 4th floor Bulk Sugar Station and scrolls transporting sugar from 4th floor Bulk Station to "J-Bin" - On or about 02/07/2008, screw conveyors were not equipped with deflagration prevention devices such as, but not limited to deflagration/explosion relief venting, containment, isolation, or suppression to prevent the continued propagation of a flame front and overpressure into adjacent buildings/structures or areas and/or rupture of the equipment. d.South Packing House, 4th floor Powder Mill Room - On or about 02/07/2008, pulverizers and atomizers were not equipped with explosion prevention devices such as, but not limited to deflagration/explosion relief venting, containment, isolation, or suppression to prevent the continued propagation of a flame front and overpressure into adjacent buildings/structures/areas and/or rupture of the equipment. One feasible means of abatement would be to design and install appropriate deflagration/explosion protection systems for all sugar conveyance and processing equipment, as referenced in National Fire Protection Association (NFPA) 61, 2008 & 2002 edition, Chapter 4, Construction Requirements, paragraph 4.1.2; Chapter 6, Ventilation and Venting, paragraphs 6.2.1 and 6.3.1; and Chapter 7, Equipment, paragraph 7.4.3.3. 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 appropriate explosion relief venting, deflagration devices and explosion prevention devices are installed.