Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 310988712 Citation: 02003 Issuance: 07/25/2008 ReportingID: 0418400
Viol Type:WillFul NrInstances:2 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: 003 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 escape of combustible sugar dust from equipment and its suspension in work areas, increasing the risk of fire, deflagration, and/or explosion which are causing or likely to cause death or serious physical harm to employees: a.South Packing House - On or about 02/07/2008, the employer did not provide adequate maintenance and design of dust collector systems, creating insufficient air aspiration, low duct velocities, and blocked ducts. The flow rate of the fans was measured to be operating at 50or less of the design capacity. The unintended dust in the ducts as a result of these deficiencies contributed to fuel load and supported secondary explosions. One feasible means of abatement would be to have future dust collection systems designed by a professional engineer and to establish and follow prescribed maintenance protocol, as referenced in National Fire Protection Association (NFPA) 61, 2008 & 2002 edition, Chapter 10, Sections 10.3.1 and 10.3.1.3 and the 2006 International Mechanical Code: Section 510.5, to ensure that such dust collection systems operate at peak efficiency. b.South & Bosch Packing Houses and Bulk Sugar Building - On or about 02/07/2008, the employer did not provide adequate sealing of screw auger (scroll) covers and observation doors to prevent the escape of dust into the surrounding environment. In addition, all screw augers were not equipped with devices to shut off sugar flow in the event of mechanical failure or overflow of downstream equipment, exposing employees to explosion and fire hazards. One feasible means of abatement would be to establish written procedures, and communicate and implement such procedures for the sealing and replacement of screw auger covers and to install devices to shut off sugar flow, as referenced in National Fire Protection Association (NFPA) 61: 2008 & 2002 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities, Chapter 7, Equipment, Paragraph 7.3.3, to ensure that any and all screw augers are properly sealed to prevent the escape of dust. 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 screw augers are properly installed and sealed to prevent the escape of dust, and to ensure that dust collection systems operate at peak efficiency.